UPSC IAS - 2016

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

Year Asked: 2016

A
Lok Sabha by a simple majority of its total membership
B
Lok Sabha by a majority of not less than two-thirds of its total membership
C
Rajya Sabha by a simple majority of its total membership
D
Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Correct Answer

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

Detailed Explanation

The answer is D. Under Article 249, if the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting, declaring that it is necessary in the national interest for Parliament to legislate on a State List item, Parliament can make laws on that subject. The power lasts for one year at a time and can be renewed by a fresh resolution. The Rajya Sabha starts this because it represents the States.

  • A and B are wrong because the Lok Sabha has no role in the Article 249 resolution.
  • C is wrong because a simple majority is not enough, and the Article 249 threshold is not 'total membership'.
  • D is right because it matches the exact wording of Article 249: two-thirds of members present and voting in the Rajya Sabha.

Core concept: the federal distribution of legislative powers and the limited, time-bound ways the Union can override it. For Mains, this links to the debate on cooperative federalism and whether central override powers weaken State autonomy. Related provisions are Article 250 (during an emergency) and Article 252 (law by Parliament with the consent of two or more States).

Trap: students pick B because the two-thirds figure appeals to them and they wrongly assume the Lok Sabha is involved. Others confuse this with the emergency provisions of Article 352, which work differently.

This question appeared in UPSC Prelims 2016 GS Paper-1.

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