Under what circumstances can the Parliament legislate on a subject in the State List?
Show answer & explanation
Correct answer: C
Explanation
Correct Answer:-
When Rajya Sabha passes a resolution
Explanation:-
Under Article 249 of the Indian Constitution, if the Rajya Sabha passes a resolution with a majority of at least two-thirds of the members present and voting, stating that it is necessary in the "national interest" for Parliament to make laws on a matter in the State List, then Parliament is empowered to legislate on that subject.
Key Points
Constitutional Provision: This power is granted to Parliament only under specific, exceptional circumstances.
Duration: Laws made under this provision generally remain in force for a period not exceeding one year at a time (though this can be extended by one year each time a new resolution is passed).
Other Circumstances: Parliament can also legislate on State List subjects under the following conditions:
National Emergency (Article 250): During a proclaimed national emergency, Parliament can legislate on any subject in the State List.
Consent of States (Article 252): If the legislatures of two or more states request Parliament to do so.
To Implement International Agreements (Article 253): To give effect to international treaties, agreements, or conventions.
President's Rule (Article 356): When President's Rule is imposed in a state, the legislative powers of the state legislature are exercised by or under the authority of Parliament.
Important Questions and Answers
Question: What is the maximum duration of a resolution passed by the Rajya Sabha for this purpose?
Answer: A law enacted based on a resolution passed by the Rajya Sabha remains effective for a maximum of one year at a time.
Question: Which schedule of the Indian Constitution mentions the Union List, State List, and Concurrent List?
Answer: The division of powers (Union List, State List, and Concurrent List) is provided in the Seventh Schedule of the Indian Constitution.