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UPSC Prelims PYQ 2006: Rajya Sabha power to legislate on State List

Consider the following statements:

  1. The Rajya Sabha alone has the power to declare that it is necessary in the national interest for Parliament to legislate on a subject in the State List.
  2. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.
Which of the statements given above is/are correct?
  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Explanation

Statement 1 is correct
  • Under Article 249 of the Indian Constitution, the Rajya Sabha can pass a resolution, supported by at least two-thirds of its members present and voting, to empower Parliament to legislate on subjects in the State List. This must be deemed necessary in the national interest.
Statement 2 is incorrect
  • The proclamation of Emergency must be approved by both Houses of Parliament within one month.
Answer: (a) 1 only
,