UPPSC PCS - 2016

A resolution passed under clause (1) of Article 249, shall remain in force for a period not exceeding

Year Asked: 2016

A
One month
B
three months
C
Six months
D
one year

Correct Answer

D. one year

Detailed Explanation

The answer is D) one year. Under Article 249(1), Parliament can legislate on a State List subject if the Rajya Sabha passes a resolution, supported by at least two-thirds of members present and voting, declaring it necessary in the national interest. Clause (2) then limits the resolution's life: it ceases to operate at the end of one year from the date of passing. It can be renewed by a fresh resolution for another year each time.

Why the others are wrong:

  • One month, three months and six months do not match the clause. The six-month figure is the trap here. It appears in Article 250, where a law made during a National Emergency ceases six months after the emergency ends. It also appears in the proviso to Article 249(2), where a law made under the resolution ceases six months after the resolution lapses. That is a different period from the resolution itself.

Core concept: Article 249 is a temporary, Rajya Sabha-driven route for Parliament to act on State subjects without an Emergency. It is a useful Mains point on federal balance, since the Centre gets power without the states' consent, but only for a limited time and with a two-thirds majority in the Rajya Sabha.

Trap: mixing up the one-year validity of the Article 249 resolution with the six-month post-operation period under Articles 249(2) and 250.

This question appeared in UPPCS 2016 GS Paper 1.

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