Parliament power on State List
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
Options
Lok Sabha by a simple majority of its total membership
Lok Sabha by a majority of not less than two-thirds of its total membership
Rajya Sabha by a simple majority of its total membership
Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Explanation
According to Article 249 of the Indian Constitution, Parliament can legislate on any item in the State List in national interest if the Rajya Sabha passes a resolution to that effect with a majority of not less than two-thirds of its members present and voting. This is a specific constitutional procedure designed to allow Parliament to temporarily assume powers normally reserved for State legislatures when deemed necessary for the nation. The resolution must be passed in the Rajya Sabha (not Lok Sabha), and the threshold is specifically two-thirds of those present and voting (not simple majority or total membership). This extraordinary power reflects the federal nature of the Indian Constitution with provisions for national override in certain circumstances.
Answer: d.
Question details
Year
2016
Paper
GS Paper 1
Question
Q95
Subject
Polity
Sub-topic
Constitutional powers of Parliament and legislative matters
Type
Factual single
Difficulty
Medium
Nature
Static
Source hint
NCERT Polity Ch.12 - Distribution of Powers
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