Question

UPSC Prelims 2016 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:

  1. 1. Lok Sabha by a simple majority of its total membership
  2. 2. Lok Sabha by a majority of not less than two-thirds of its total membership
  3. 3. Rajya Sabha by a simple majority of its total membership
  4. 4. Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Answer (Detailed Solution Below)

Option 4: Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Detailed Solution

Explanation:

  • Article 249 of the Constitution of India empowers the Parliament to legislate with respect to any matter in the State List of the Seventh Schedule in the national interest.

  • If the Rajya Sabha declares that it is necessary for the national interest that Parliament should make laws with respect to goods and services tax or a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force. This provision does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.

Therefore, option (4) is the correct answer.

Subject: Polity | Parliament

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