Question map
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
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] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
- [2] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Role_Parliamentary_Democracy.pdf
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- [5] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
- [6] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
PROVENANCE & STUDY PATTERN
Guest previewThis 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).
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?
- Statement 2: 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 majority of not less than two-thirds of its total membership?
- Statement 3: 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 Rajya Sabha by a simple majority of its total membership?
- Statement 4: 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 Rajya Sabha by a majority of not less than two-thirds of its members present and voting?
- 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.
- 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.
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).
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.
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).
Use this to infer that the relevant house is Rajya Sabha, so verify whether a Lok Sabha resolution would suffice.
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).
A student can link this entry to the constitutional article to check the text and prescribed majority/house for such resolutions.
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 twoâthirds requirement for certain Rajya Sabha resolutions).
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 majorityâso check Article 249's exact majority rule.
Describes that certain parliamentary resolutions (e.g., approving a proclamation of emergency) must be passed by a special majority (majority of total membership + twoâthirds of members present and voting), contrasting previous simple-majority rules.
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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