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Q95 (IAS/2016) Polity & Governance › Federalism & Emergency Provisions › Centre-state legislative powers Official Key

The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the

Result
Your answer: —  Âˇ  Correct: D

Explanation

The Constitution confers power on Parliament to legislate with respect to a matter enumerated in the State List upon the Rajya Sabha passing a resolution by two-thirds[1] majority.[2] Parliament can assume such legislative power with respect to a State subject only if the Council of States declares, by a resolution supported by not less than two-thirds of its members present and voting, that it is necessary or expedient.[3] This provision allows Parliament to extend its legislative competence to State List matters without amending the Constitution. Notably, this can be done when there is no emergency of any kind.[4] Options A and B are incorrect because the resolution must be passed by the Rajya Sabha (Council of States), not the Lok Sabha. Option C is incorrect because a simple majority is insufficient; the requirement is 2/3rd of the Members present and voting.[6]

Sources
  1. [1] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
  2. [2] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Role_Parliamentary_Democracy.pdf
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
  4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
  5. [5] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
  6. [6] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
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PROVENANCE & STUDY PATTERN

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that ef…
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 ¡ 7.5/10
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This is a classic 'Sitter' from standard Polity texts (Laxmikanth/D.D. Basu). It tests the specific 'Federal Safety Valve' mechanism. If you missed this, your static core is weak. The question demands precision on two variables: the specific House (Rajya Sabha) and the specific Majority (2/3rd Present & Voting).

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does the Parliament of India acquire power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the Lok Sabha by a simple majority of its total membership?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"249 confers power on Parliament to legislate with respect to a matter enumerated in the State List upon the Rajya Sabha passing a resolution by two-thirds majority."
Why this source?
  • Explicitly states Article 249 requires the Rajya Sabha (not Lok Sabha) to pass a resolution by a two-thirds majority to empower Parliament to legislate on State List matters.
  • Directly contradicts the claim that a simple majority in the Lok Sabha is sufficient.
Web source
Presence: 4/5
"2/3rd of the Members present and voting so as to empower Parliament to legislate on matters enumerated in the State List of the VII Schedule of the Constitution."
Why this source?
  • States the two-thirds of members present and voting requirement to empower Parliament to legislate on State List entries.
  • Notes that Rajya Sabha has adopted such two-thirds resolutions historically, reinforcing that the Rajya Sabha (not Lok Sabha) plays this role.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
Strength: 5/5
“Even in the limited sphere of authority allotted to them, the states do not have exclusive control. The Parliament is empowered to legislate on any subject of the State List if the Rajya Sabha passes a resolution to that effect in the national interest. This means that the legislative competence of the Parliament can be extended without amending the Constitution. Notably, this can be done when there is no emergency of any kind.”
Why relevant

States that Parliament is empowered to legislate on State List subjects if the Rajya Sabha passes a resolution in the national interest (extends Parliament's competence without constitutional amendment).

How to extend

A student can note the decisive role of Rajya Sabha (not Lok Sabha) and check whether the Constitution assigns this power specifically to Rajya Sabha resolutions.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
Strength: 5/5
“The above scheme of distribution of legislative powers between the Centre and the states is to be maintained in normal times. But, in abnormal times, the scheme of distribution is either modified or suspended. In other words, the Constitution empowers the Parliament to make laws on any matter enumerated in the State List under the following five extraordinary circumstances: A. When Rajya Sabha Passes a Resolution If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws with respect to goods and services tax or a matter in the State List, then the Parliament becomes competent to make laws on that matter.”
Why relevant

Lists 'When Rajya Sabha Passes a Resolution' as one of the extraordinary circumstances enabling Parliament to legislate on State List matters in national interest (explicitly names Rajya Sabha).

How to extend

Use this to infer that the relevant house is Rajya Sabha, so verify whether a Lok Sabha resolution would suffice.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > CENTRE- STATE LEGISLATIVE . RELATIONS > p. 703
Strength: 4/5
“• 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest • 250. Power of Parliament to legislate with respect to any matter in the State List if a proclamation of emergency is in operation • 251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of states • 252. Power of Parliament to legislate for two or more states by consent and adoption of such legislation by any other state.”
Why relevant

Enumerates the specific constitutional topic 'Power of Parliament to legislate with respect to a matter in the State List in the national interest' (this corresponds to Article 249).

How to extend

A student can link this entry to the constitutional article to check the text and prescribed majority/house for such resolutions.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
Strength: 4/5
“Parliament can assume such legislative power with respect to a State subject only if the Council of States declares, by a resolution supported by not less than two-thirds of its members present and voting, that it is necessary or expedient. (b) Similarly, under Article 312 of the Constitution, Parliament is empowered to make laws providing for the creation of one or more All-India Services common to the Union and the States, if the Council of States has declared by a resolution supported by not less than two-thirds of the members p,"escnt and voting that it is necessary or expedienUn the national interest so to do.”
Why relevant

Explains that Parliament can assume legislative power with respect to a State subject only if the Council of States (Rajya Sabha) declares by a resolution supported by not less than two-thirds of members present and voting (shows a two‑thirds requirement for certain Rajya Sabha resolutions).

How to extend

One can extend this pattern to suspect that the national-interest resolution may require Rajya Sabha and a special majority rather than a simple Lok Sabha majority—so check Article 249's exact majority rule.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 175
Strength: 3/5
“Rajya Sabha has in the meantime approved its continuation. Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting. This special majority provision was introduced by the 44th Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of the Parliament.”
Why relevant

Describes that certain parliamentary resolutions (e.g., approving a proclamation of emergency) must be passed by a special majority (majority of total membership + two‑thirds of members present and voting), contrasting previous simple-majority rules.

How to extend

Use this as an example that different constitutional powers attach different majority thresholds; thus, test whether the national-interest State List power has a special-majority requirement rather than simple majority by the Lok Sabha.

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SIMILAR QUESTIONS

NDA-I ¡ 2012 ¡ Q24 Relevance score: 5.14

The Parliament can legislate on the subjects in the State List if the

CAPF ¡ 2020 ¡ Q82 Relevance score: 2.93

Which of the following statements regarding passing a law under the State List is/are correct?

  1. Even in the sphere (State List) exclusively reserved for the States, Parliament can legislate under certain circumstances.
  2. Parliament cannot legislate a subject under the State List under any circumstances.
  3. A resolution supported by two-thirds of the members present and voting is required to be passed by Rajya Sabha to pass a law under the State List.

Select the correct answer using the code given below:

IAS ¡ 2006 ¡ Q48 Relevance score: 2.71

Consider the following statements: I. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislature with respect to a matter in the State List. II. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha. Which of the statements given above is/are correct?

CAPF ¡ 2020 ¡ Q81 Relevance score: 2.49

As per provisions of the Constitution of India, which one of the following is correct ?

CDS-I ¡ 2020 ¡ Q43 Relevance score: -0.23

The power to legislate on all matters relating to elections of Panchayats lies with