Under which specific condition does the Parliament gain the power to legislate on a subject enumerated in the State List, even in the absence of an emergency or state request?
Show answer & explanation
Correct answer: A
Explanation
Solution: The correct answer is If the Rajya Sabha passes a resolution by a special majority that it is necessary in the national interest.
Explanation:
☛ Under Article 249 of the Constitution of India, the Parliament gains the authority to legislate on any subject enumerated in the State List if the Rajya Sabha passes a resolution to that effect.
☛ This resolution must be supported by not less than a two-thirds majority of the members present and voting, declaring that it is necessary or expedient in the national interest.
☛ Such a resolution remains in force for a period not exceeding one year at a time, though it can be renewed any number of times for one year each time.
☛ Any law made by Parliament under this provision ceases to have effect on the expiration of six months after the resolution ceases to be in force.
Extra Exam-Relevant Facts:
☛ Article 250: Empowers Parliament to legislate on subjects in the State List while a proclamation of National Emergency is in operation.
☛ Article 252: Grants Parliament the power to enact laws on State List subjects when the legislatures of two or more states pass resolutions requesting Parliament to do so.
☛ Article 253: Authorizes Parliament to make laws on any State subject to implement international treaties, agreements, or conventions.
☛ Article 356: When President's Rule is imposed on a state, the Parliament exercises the legislative powers of that state legislature.
Important One-Liners for Upcoming Exams:
☛ Under which Article can Parliament legislate on State subjects to implement international treaties? → Article 253
☛ What majority is required in the Rajya Sabha under Article 249 to authorize legislation on a State subject? → Two-thirds majority of members present and voting
☛ For what maximum period does a resolution passed under Article 249 remain valid at a time? → One year
☛ Within what period do laws enacted under Article 249 cease to operate after the resolution expires? → Six months
☛ Which Schedule of the Indian Constitution specifies the three legislative lists? → Seventh Schedule