GS PrelimsPolityFederalism in Indian Constitution2016

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

A

Lok Sabha by a simple majority of its total membership

B

Lok Sabha by a majority of not less than two-thirds of its total membership

C

Rajya Sabha by a simple majority of its total membership

D

Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Correct Answer: Option D

Explanation

1. Article 249 of the Indian Constitution deals with the power of the Parliament to legislate with respect to a matter in the State List in the national interest. 2. Clause (1) of Article 249 explicitly states that if the Council of States (Rajya Sabha) has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. 3. Therefore, the specific condition is that the resolution must be passed by the Rajya Sabha by a majority of not less than two-thirds of its members present and voting. 4. Options (A) and (B) are incorrect as the power originates in the Rajya Sabha, not the Lok Sabha. 5. Option (C) is incorrect as it specifies a simple majority, whereas Article 249 requires a special majority (two-thirds of members present and voting).

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