Question 51 from UPSC CSE 2016 - Polity and
Governance

Question

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

Accepted Answer

Correct Option: D. Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Strategy: Identify the question as concerning Parliament's power to legislate on State List subjects in the national interest, which is covered by Article 249. Evaluate each option based on two critical criteria:

*   The initiating house must be the Rajya Sabha.
*   The required majority is a special majority of at least two-thirds of members present and voting.

Eliminate any options that specify the Lok Sabha or a simple majority. The correct option will satisfy both conditions.

Key Info: The distribution of legislative powers between the Union and States is a fundamental aspect of the Indian Constitution, primarily outlined in Articles 245 to 255, and the Seventh Schedule. The State List contains subjects on which states normally have exclusive legislative competence. However, the Constitution provides several exceptions where Parliament can legislate on State List subjects:

### Article 249 (National Interest)
*   If the Rajya Sabha passes a resolution by a majority of not less than two-thirds of its members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to legislate on a matter in the State List, Parliament acquires the power to do so.
*   Such a resolution remains in force for a maximum period of one year but can be extended by one year at a time by passing a similar resolution.
*   A law made under this provision ceases to have effect six months after the resolution has ceased to operate, although actions taken under it remain valid.

### Article 250 (During National Emergency)
*   While a Proclamation of National Emergency (under Article 352) is in operation, Parliament can make laws on any item in the State List.
*   These laws cease to have effect six months after the emergency ceases to operate.

### Article 252 (By Agreement between States)
*   If two or more State Legislatures pass resolutions requesting Parliament to make a law on a State List subject, Parliament can enact such a law.
*   This law applies only to those states that passed the resolution (and any other state adopting it subsequently).
*   Only Parliament can amend or repeal such a law.

### Article 253 (To Implement International Agreements)
*   Parliament can make laws on any subject for implementing any treaty, international agreement, or convention, even if it falls within the State List. This ensures India's compliance with international obligations.

### Article 356 (During President's Rule)
*   When President's Rule is imposed in a state, Parliament becomes empowered to make laws with respect to any matter in the State List concerning that state.

Answer

Option A: Lok Sabha by a simple majority of its total membership

Answer

Option B: Lok Sabha by a majority of not less than two-thirds of its total membership

Answer

Option C: Rajya Sabha by a simple majority of its total membership