UPSC Prelims 2016 Q95: Indian Polity – Federalism & Centre - State Relations
- (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
Answer: (d) Rajya Sabha by a majority of not less than two - thirds of its members present and voting
Explanation
Parliament's power to legislate on the State List in the national interest
Article 249: if the Rajya Sabha declares that it is necessary in the national interest, Parliament can make laws on a matter in the State List.
| Feature | Detail |
|---|---|
| House | Rajya Sabha only (it represents the States) |
| Majority | Not less than two-thirds of the members present and voting |
| Life of the resolution | One year; can be renewed |
| Laws made | Lapse six months after the resolution ends |
Other ways Parliament can enter the State List:
| Article | Situation |
|---|---|
| 250 | During a national emergency |
| 252 | When two or more States request it |
| 253 | To implement international agreements |
| 356 | During President's rule |
Answer: (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting.
Why each option is right or wrong
- (a) Incorrect. The Lok Sabha has no role in this resolution.
- (b) Incorrect. It is not the Lok Sabha, and not two-thirds of total membership.
- (c) Incorrect. A simple majority of the Rajya Sabha is not enough.
- (d) CORRECT. The Rajya Sabha must pass it by two-thirds of members present and voting.
Key point
Article 249: Rajya Sabha resolution by two-thirds present and voting lets Parliament legislate on a State List item; valid one year, renewable.
Remember
Article 249 = Rajya Sabha, two-thirds present and voting.
Common mistakes
- Giving this power to the Lok Sabha.
- Confusing 'present and voting' with total membership.
- Mixing up Article 249 with Article 312 (new All India Services), which uses the same majority.
Exam tip
Two special powers of the Rajya Sabha: Article 249 and Article 312. Both need two-thirds present and voting.
Sources
- Constitution of India — Article 249
- M. Laxmikanth — Indian Polity, chapter on Centre-State Relations