Parliament power over State List in national interest — UPSC PYQ 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

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

Explanation

Option (d) is correct

• All the subjects/areas regarding legislation have been divided into three Lists: Union List, State List and Concurrent List. Union and State Lists are mutually exclusive. The Parliament cannot legislate on a matter placed in the State List in normal circumstances.
• However, if Rajya Sabha passes a resolution (Article 249) by a majority of not less than two-thirds of members present and voting saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India.
• Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.

Answer: (d) Rajya Sabha by a majority of not less than two-thirds of its member present and voting; Difficulty Level: Easy