The Parliament of India can legislate on a state subject if
Show answer & explanation
Correct answer: B
Explanation
Correct answer: Council of state passes a resolution by 2/3 majority of the members present
Key Facts:
- Constitutional Article: Article 249 of the Indian Constitution grants this special power to Parliament.
- Condition: If the Rajya Sabha declares—by a majority of not less than two-thirds of its members present and voting—that it is necessary in the national interest to do so, Parliament may enact laws on that specific subject.
- Time Limit: Such a resolution or law generally remains in force for a period of one year, but it can be extended any number of times, one year at a time.
- Significance: This provision underscores the strong role of the Centre within India's federal system, particularly in matters concerning the national interest.
Other Circumstances Under Which Parliament Can Legislate on the State List:
Article 250: During a National Emergency.
Article 252: If the legislatures of two or more states request the Centre to do so.
Article 253: To implement international agreements or treaties.
Article 356: When President's Rule is in force in a state.
Practice Questions for Upcoming Examinations:
Question 1: Under which Article can the Rajya Sabha authorize Parliament to enact legislation on a subject listed in the State List?
Answer: Article 249.
Question 2: Is a law enacted by Parliament under Article 249 permanent in nature?
Answer: No; it remains in force for one year (subject to extension) and automatically ceases to operate six months after the resolution has ceased to be in force.
Question 3: What type of majority is required for the Rajya Sabha to pass this resolution?
Answer: A special majority (two-thirds majority) of the members present and voting.