Question map
Not attempted Correct Incorrect Bookmarked
Loading…
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:  ·  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
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
58%
got it right
PROVENANCE & STUDY PATTERN
Full view
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
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.

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"parliament can legislate with respect to matter enumerated in the State List after the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the Members present and voting."
Why this source?
  • Explicitly states that Parliament can legislate on State List matters only after the Rajya Sabha passes the requisite resolution.
  • Specifies the required majority as 'not less than two-thirds of the Members present and voting' — not the Lok Sabha nor 'total membership'.
Web source
Presence: 4/5
"If such a resolution is adopted, Parliament will be authorised to make laws on the subject specified in the resolution, for the whole or any part of the territory of India."
Why this source?
  • States the legal effect: if such a resolution is adopted, Parliament will be authorised to make laws on the subject specified.
  • Confirms that adoption of the special resolution authorises Parliament to legislate for whole or part of India, supporting that the resolution (per other passages) must come from Rajya Sabha.

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 can legislate on State List subjects if the Rajya Sabha (not Lok Sabha) passes a resolution in the national interest; shows which House is empowered.

How to extend

A student could contrast this wording with the statement's claim about the Lok Sabha to suspect a mismatch and check the constitutional article (Article 249) for the correct house.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
Strength: 5/5
“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

Says Parliament can assume power over State subjects only if the Council of States declares by a resolution supported by not less than two-thirds of its members present and voting.

How to extend

One could use this to test the statement by noting the required House (Council of States = Rajya Sabha) and the majority type (two‑thirds of members present and voting) and compare with the statement's majority formulation.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Special Powers of Ra;ya Sabha > p. 260
Strength: 4/5
“The Rajya Sabha has been given four exclusive or special powers that are not enjoyed by the Lok Sabha: | 1. It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249). | 2. It can authorize the Parliament to create new All-India Services common to both the Centre and states (Article 312). | 3. It alone can initiate a move for the removal of the Vice-President. In other words, a resolution for the removal can be introduced only in the Rajya Sabha and not in the Lok Sabha (Article 67).”
Why relevant

Lists as an exclusive power of the Rajya Sabha the authorisation to Parliament to make law on a State List subject (Article 249).

How to extend

A student can extend this by verifying which chamber is 'Rajya Sabha' and thereby challenge any claim that the Lok Sabha alone can pass such a resolution.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
Strength: 4/5
“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

Explains that Parliament may legislate on State List matters when Rajya Sabha declares it necessary in national interest (gives context of extraordinary circumstances).

How to extend

Use this pattern to infer that the procedural trigger is a Rajya Sabha resolution, so replacing Rajya Sabha with Lok Sabha in the statement likely alters correctness.

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 a different constitutional context where a special majority (majority of total membership plus two-thirds of members present and voting) is required for emergency resolutions — illustrating variations in required majorities and houses.

How to extend

A student could use this to note that different provisions specify different majority formulas and houses, so they should check which majority the State‑List authorization requires versus emergency provisions.

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"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 the Rajya Sabha must pass a resolution by a two-thirds majority to empower Parliament to legislate on State List matters.
  • Directly contradicts the notion that a simple majority of total membership 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 requirement as '2/3rd of the Members present and voting' to empower Parliament to legislate on State List matters.
  • Shows historical instances where such two-thirds resolutions were adopted, reinforcing that two-thirds is the constitutional threshold.
Web source
Presence: 4/5
"Parliament can legislate with respect to matter enumerated in the State List after the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the Members present and voting."
Why this source?
  • Specifies Parliament can legislate on State List matters only after Rajya Sabha passes a resolution by 'a majority of not less than two-thirds of the Members present and voting'.
  • Reinforces that the threshold is a qualified (two-thirds) majority, not a simple majority of total membership.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > 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 any subject of the State List if the Rajya Sabha passes a resolution to that effect in the national interest' — identifies the Rajya Sabha-resolution route as a constitutional mechanism.

How to extend

A student can use this rule and then check the constitutional text or authoritative sources to see what majority (simple/special/total membership) the provision specifies.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
Strength: 4/5
“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 the Rajya Sabha resolution as one of the five 'extraordinary circumstances' under which Parliament may legislate on State List matters, tying the mechanism to a specific category.

How to extend

One can combine this pattern with knowledge of the other four circumstances and compare procedural requirements to infer whether the Rajya Sabha route typically requires an ordinary or enhanced majority.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > III Legislative Powers and Functions > p. 256
Strength: 4/5
“The primary function of Parliament is to make laws for the governance of the country. It has exclusive power to make laws on the subjects enumerated in the Union List (which at present has 98 subjects, originally 97 subjects) and on the residuary subjects (that is, subjects not enumerated in any of the three lists). The Constitution also empowers the Parliament to make laws on the subjects enumerated in the State List (which at present has 59 subj ects, originally 66 subjects) under the following five abnormal circumstances: • (a) when Rajya Sabha passes a resolution to that effect. • (b) when a proclamation of National Emergency is in operation. • (c) when two or more states make a joint request to the Parliament.”
Why relevant

Explains that Parliament can legislate on State List subjects under five 'abnormal circumstances' and explicitly names '(a) when Rajya Sabha passes a resolution to that effect' — corroborates the mechanism across chapters.

How to extend

A student could cross-reference this repeated listing with the exact constitutional article(s) or authoritative commentary to determine the precise voting threshold required.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 175
Strength: 4/5
“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

Shows that for some parliamentary approvals (proclamations of emergency) the Constitution specifies a 'special majority' (majority of total membership plus two‑thirds of members present and voting), illustrating that different types of resolutions may carry different majority rules.

How to extend

Using this pattern, a student can reason that the specific majority for the Rajya Sabha 'national interest' resolution is not a foregone simple majority and must be checked against the relevant constitutional provision or amendment history.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 5: LEGISLATURE > Special Powers of Rajya Sabha > p. 110
Strength: 3/5
“As you know, the Rajya Sabha is an institutional mechanism to provide representation to the States. Its purpose is to protect the powers of the States. Therefore, any matter that affects the States must be referred to it for its consent and approval. Thus, if the Union Parliament wishes to remove a matter from the State list (over which only the State Legislature can make law) to either the Union List or Concurrent List in the interest of the nation, the approval of the Rajya Sabha is necessary. This provision adds to the strength of the Rajya Sabha. However, experience shows that the members of the Rajya Sabha represent their parties more than they represent their States.”
Why relevant

Characterises Rajya Sabha as the institutional protector of states' interests and notes that Union Parliament needs Rajya Sabha approval to move State List matters to Union/Concurrent lists — indicating the political importance and likely procedural safeguards surrounding such approvals.

How to extend

A student can use this to suspect that the framers intended a meaningful procedural requirement (possibly more than a mere simple majority) and should verify the exact voting rule in the Constitution or authoritative commentaries.

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?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
Presence: 5/5
“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 this source?
  • Explicitly states Parliament can assume legislative power over a State subject only if the Council of States (Rajya Sabha) declares it necessary or expedient by a resolution.
  • Specifies the resolution must be supported by not less than two‑thirds of the members present and voting — matching the majority threshold in the statement.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
Presence: 4/5
“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 this source?
  • Directly affirms that Parliament is empowered to legislate on any subject of the State List if Rajya Sabha passes a resolution in the national interest.
  • Makes clear this extension of Parliament's competence can occur without a constitutional amendment and even in absence of an emergency.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
Presence: 4/5
“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 this source?
  • Reiterates that when Rajya Sabha declares a matter in the national interest, Parliament becomes competent to make laws on that State List matter.
  • Places this mechanism among the extraordinary circumstances under which the normal distribution of legislative powers is modified.
Pattern takeaway: UPSC consistently targets 'Procedural Nuances' in the Constitution. They don't just ask 'Can Parliament legislate?'; they ask 'How exactly?'. The trap is always swapping 'Total Membership' (Impeachment) with 'Present and Voting' (Legislation).
How you should have studied
  1. [THE VERDICT]: Sitter. Direct lift from Laxmikanth Chapter 'Parliament' (Special Powers of Rajya Sabha) or 'Centre-State Relations'.
  2. [THE CONCEPTUAL TRIGGER]: 'Unitary Bias' in Indian Federalism. When can the Centre encroach on the State List? (Arts. 249, 250, 252, 253).
  3. [THE HORIZONTAL EXPANSION]: Memorize the 'Federal Encroachment' toolkit: Art 249 (National Interest, RS 2/3 P&V), Art 250 (Emergency, Auto), Art 252 (Consent of 2+ States), Art 253 (International Treaty). Also, note the duration: Art 249 resolution lasts 1 year; law dies 6 months after resolution expires.
  4. [THE STRATEGIC METACOGNITION]: Stop reading 'Special Majority' as a single phrase. Always break it into: (1) Numerator (2/3 vs 50%), (2) Denominator (Total Membership vs Present & Voting), and (3) Originating House.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Article 249 — Parliament's power in national interest
💡 The insight

Multiple references (e.g., list of relevant articles and chapter notes) point to a constitutional provision empowering Parliament to legislate on State List matters in the national interest.

This is a high‑yield provision for UPSC polity questions because it explains an exception to the distribution of legislative powers and is repeatedly tested. It connects directly to Articles governing Centre–State legislative relations and to questions about when Union law can override State competence. Study the text, related articles, and landmark uses; practice by applying it to factual scenarios.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > CENTRE- STATE LEGISLATIVE . RELATIONS > p. 703
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
🔗 Anchor: "Does the Parliament of India acquire power to legislate on any item in the State..."
📌 Adjacent topic to master
S1
👉 Role of Rajya Sabha (Council of States) in enabling Parliament to legislate
💡 The insight

The evidence explicitly attributes the power-triggering resolution to the Rajya Sabha (Council of States), not the Lok Sabha.

UPSC often tests which House triggers special powers (Rajya Sabha v. Lok Sabha). Mastering this distinction helps answer questions on legislative competency, federal balance, and Articles like 249. Revision tip: memorize which exceptional powers require Rajya Sabha resolutions and contrast with ordinary law‑making procedures.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
🔗 Anchor: "Does the Parliament of India acquire power to legislate on any item in the State..."
📌 Adjacent topic to master
S1
👉 Majority/threshold required for the national‑interest resolution
💡 The insight

One reference specifies the precise voting requirement — a resolution by the Council of States supported by not less than two‑thirds of members present and voting — indicating the threshold is not a simple majority of Lok Sabha total membership.

Questions frequently hinge on exact majority thresholds (simple vs special vs two‑thirds). Knowing the required majority for Article‑249 style resolutions prevents confusing them with emergency or ordinary majorities. Prepare by tabulating majority types for different constitutional actions and practicing recall under timed conditions.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 175
🔗 Anchor: "Does the Parliament of India acquire power to legislate on any item in the State..."
📌 Adjacent topic to master
S2
👉 Article 249 — Parliament may legislate on State List on Rajya Sabha resolution
💡 The insight

Multiple references state that Parliament's competence to legislate on State List matters in the national interest arises when the Rajya Sabha (Council of States) passes an enabling resolution (Article 249).

High-yield constitutional provision frequently tested under Centre–State relations and legislative powers. Candidates must remember which House (Rajya Sabha) and the Article number, since many questions hinge on house-specific powers. Learn by mapping Articles to the House powers and practising MCQs/case scenarios.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Special Powers of Ra;ya Sabha > p. 260
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
🔗 Anchor: "Does the Parliament of India acquire power to legislate on any item in the State..."
📌 Adjacent topic to master
S2
👉 Exclusive/special powers of Rajya Sabha (not Lok Sabha)
💡 The insight

Evidence explicitly lists Rajya Sabha's exclusive powers, including authorising Parliament to legislate on State List subjects — showing this is a Rajya Sabha power, not a Lok Sabha power.

Distinguishing exclusive powers of Rajya Sabha vs Lok Sabha is essential for answering questions on legislative competence, parliamentary procedure and federalism. Memorise the list of Rajya Sabha special powers and practise distinguishing them from Lok Sabha powers in one-line notes and quizzes.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Special Powers of Ra;ya Sabha > p. 260
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
🔗 Anchor: "Does the Parliament of India acquire power to legislate on any item in the State..."
📌 Adjacent topic to master
S2
👉 Special-majority requirement — 'two-thirds of members present and voting' vs other majorities
💡 The insight

References specify the resolution must be supported by not less than two-thirds of members present and voting; other references define different special-majority formulas for emergency approvals.

Exam questions often hinge on exact majority thresholds (present & voting vs total membership). Master these distinctions (phraseology and contexts) to avoid common errors; use tabular summaries and practise recall under timed conditions.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 175
🔗 Anchor: "Does the Parliament of India acquire power to legislate on any item in the State..."
📌 Adjacent topic to master
S3
👉 Rajya Sabha resolution enabling Parliament to legislate on State List
💡 The insight

Multiple references state that Parliament becomes competent to legislate on State List subjects if the Rajya Sabha passes a resolution in the national interest.

High-yield for UPSC: this is a recurring constitutional provision concerning Centre–State legislative powers and is often tested directly or via application. It connects to Articles and special legislative situations (e.g., national interest, GST). Learn the provision's existence, its purpose (protect states while enabling national action), and related exceptions. Use sourcewise consolidation (NCERT + standard polity texts) and practise application-based questions.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > III Legislative Powers and Functions > p. 256
🔗 Anchor: "Does the Parliament of India acquire power to legislate on any item in the State..."
🌑 The Hidden Trap

The 'Twin' of Article 249 is Article 312 (All India Services). It uses the EXACT same mechanism: Rajya Sabha resolution + 2/3rd Present & Voting. A likely future trap: Does the Art 249 resolution restrict the State Legislature from making laws on the same topic? (No, but Union law prevails in conflict).

⚡ Elimination Cheat Code

Apply 'Federal Logic': The State List belongs to the States. The Rajya Sabha is the 'Council of States'. Therefore, the permission MUST come from the Rajya Sabha, not the Lok Sabha (Eliminate A & B). For a serious breach of federal division, a 'Simple Majority' is too weak (Eliminate C). Answer is D.

🔗 Mains Connection

Mains GS-2 (Federalism): Use Article 249 as evidence of 'Strong Centre' or 'Quasi-Federalism'. It proves that the Rajya Sabha is the 'Chamber of Federal Safety'—without its consent, the Lok Sabha (representing the people) cannot override the State List (representing the units).

✓ Thank you! We'll review this.

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