The Parliament of India acquires the power to legislate on any item in the State List in the nationa

Q: What is UPSC Prelims?

UPSC Prelims is a competitive examination conducted in India. This question is from the 2016 UPSC Prelims Indian Polity & Governance paper.

Q: How can I prepare for UPSC Prelims Indian Polity & Governance?

To prepare for UPSC Prelims Indian Polity & Governance, practice previous year questions (PYQs), understand concepts thoroughly, and solve mock tests regularly. This 2016 question covers Federalism & Inter-State Relations topic.

Q: What is the difficulty level of this question?

This UPSC Prelims 2016 Indian Polity & Governance question has a easy difficulty level and is marked as an important question and is one of the most repeated questions.

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You can find more UPSC Prelims previous year questions on AspirantMitraa. Browse by subject, topic, year, and difficulty level to practice effectively.

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

Accepted Answer

Correct Answer: D — Rajya Sabha by a majority of not less than two-thirds of its members present and votingSolution:Under Article 249 of the Indian Constitution, Parliament can legislate on a subject in the State List if the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting, declaring that such legislation is necessary or expedient in the national interest. Once such a resolution is passed, Parliament can enact laws on that State List subject for the whole or any part of India. The resolution remains in force for one year and can be renewed repeatedly by one year at a time. This power reflects the Rajya Sabha's special role as the representative of states — it can authorise Union legislative incursion into state domains when national interest demands.Why other options are incorrect:Options A and B (Lok Sabha): Article 249 specifically vests this power in the Rajya Sabha — not the Lok Sabha. This is a deliberate constitutional design to give states (represented in Rajya Sabha) a say in such overrides.Option C (Simple majority in Rajya Sabha): The required majority is two-thirds of members present and voting — not a simple majority. The higher threshold protects state autonomy by requiring broad consensus.Key Concept: Article 249 is one of several mechanisms by which Parliament can legislate on State List subjects: Article 249 — Rajya Sabha national interest resolution; Article 250 — during National Emergency; Article 252 — if two or more states request Parliament to legislate; Article 253 — to implement international agreements/treaties; Article 356 — during President's Rule in a state. The Rajya Sabha's role in Article 249 is significant because it is the Council of States — giving state representation a formal gatekeeping role before the Union can usurp state legislative power in the national interest.

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

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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

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