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
Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Understanding Parliament's Power on the State List
The question asks about the specific condition under which the Parliament of India gains the authority to make laws on subjects typically falling under the State List. This power is exercised when there is a perceived national interest involved.
Constitutional Basis: Article 249
The Indian Constitution distributes legislative powers between the Union and the States through three lists: the Union List, the State List, and the Concurrent List. Generally, the Parliament legislates on Union List subjects, State Legislatures on State List subjects, and both can legislate on Concurrent List subjects.
However, the Constitution provides mechanisms for Parliament to legislate on State List subjects under certain circumstances. One such circumstance, related to national interest, is outlined in Article 249.
Analysis of Article 249 Requirements
Article 249 of the Constitution states that if the Rajya Sabha declares by a 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.
Evaluating the Options
Let's examine the given options based on the requirements of Article 249:
- Option 1: Lok Sabha by a simple majority of its total membership
This is incorrect. The power under Article 249 is vested in the Rajya Sabha, not the Lok Sabha. Also, a simple majority is not the required majority. - Option 2: Lok Sabha by a majority of not less than two-thirds of its total membership
This is incorrect. The power is with the Rajya Sabha, not the Lok Sabha. - Option 3: Rajya Sabha by a simple majority of its total membership
This is incorrect. While the Rajya Sabha is the correct house, the required majority is not a simple majority of its total membership. It requires a special majority of members present and voting. - Option 4: Rajya Sabha by a majority of not less than two-thirds of its members present and voting
This is correct. This precisely matches the condition stipulated in Article 249 of the Constitution. The resolution must be passed by the Rajya Sabha, and the majority required is a special majority of not less than two-thirds of the members who are present and casting their votes.
Conclusion
Therefore, the Parliament of India acquires the power to legislate on an item in the State List in the national interest if a resolution to that effect is passed by the Rajya Sabha by a majority of not less than two-thirds of its members present and voting.
Comparison of Majorities in Parliament
Understanding different types of majorities used in the Indian Parliament is crucial:
| Type of Majority | Description | Used For (Examples) |
|---|---|---|
| Simple Majority | More than 50% of members present and voting. | Passing ordinary bills, Money Bills, Financial Bills I, Adjournment Motion, Confidence Motion, No-Confidence Motion, Censure Motion, Election of Speaker/Deputy Speaker, etc. |
| Absolute Majority | More than 50% of the total membership of the House. | Used during the general election for the formation of government; not commonly used independently for passing bills. |
| Effective Majority | More than 50% of the effective strength of the House (total membership minus vacancies). | Removal of Vice-President in Rajya Sabha, Removal of Speaker/Deputy Speaker/Chairman/Deputy Chairman. |
| Special Majority (Article 249/312) | Not less than two-thirds of members present and voting. | Resolution under Article 249 (Parliament legislating on State List), Resolution under Article 312 (creation of new All India Services). |
| Special Majority (Article 368) | Not less than two-thirds of members present and voting, AND majority of the total membership of the House. | Constitutional Amendment Bills (not requiring state ratification), Removal of Supreme Court/High Court judges, Comptroller and Auditor General (CAG), Chief Election Commissioner (CEC). |
| Special Majority (Article 368 + State Ratification) | Special Majority under Article 368, AND ratification by simple majority of not less than half of the state legislatures. | Constitutional Amendment Bills related to federal structure (e.g., election of President, extent of Union/State executive power, Supreme Court/High Courts, lists in 7th schedule, representation of states in Parliament, Article 368 itself). |
The question specifically refers to the special majority defined in Article 249.
Revision Table: Key Provisions on State List Legislation
| Constitutional Provision | Circumstance | Initiating Body/Conditions | Duration of Parliament's Law |
|---|---|---|---|
| Article 249 | In the national interest | Rajya Sabha passes resolution by special majority (2/3 present & voting). | Valid for up to 1 year, can be extended by fresh resolution. |
| Article 250 | During a Proclamation of National Emergency (Article 352) | Parliament automatically gets power when Emergency is in force. | Valid for 6 months after the Proclamation ceases to operate. |
| Article 252 | By agreement between States | Legislatures of two or more States pass a resolution requesting Parliament to legislate. | Applicable only to requesting states, others can adopt later. Cannot be repealed or amended by state legislatures. |
| Article 253 | For implementing International Treaties/Agreements | Parliament can legislate to implement any treaty, agreement, or convention with any other country or any decision made at any international conference, association or other body. | No specific time limit mentioned, depends on treaty terms. |
| Article 356/357 | During President's Rule (State Emergency) | Parliament can legislate for the State when its legislature is suspended or dissolved. | Laws made by Parliament continue to operate unless altered, repealed, or re-enacted by State Legislature after President's Rule ends. |
Additional Information: Significance of Rajya Sabha's Role
The power granted to the Rajya Sabha under Article 249 highlights its role as the 'Council of States'. It represents the states, and this provision allows the collective will of the states (as expressed through their representatives in the Rajya Sabha) to permit Parliament to encroach upon the State List in situations deemed to be of national interest. This mechanism balances the federal structure by ensuring that such power is exercised with the consent of the body representing the states, albeit under specific conditions and majority requirements.
Important Questions from Parliament of India
Which of the following statements is/are correct?
1. A Bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha.
Select the correct answer using the code given below.
With reference to the Parliament of India, consider the following statements:
1. A private member's bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India.
2. Recently, a private member's bill has been passed in the Parliament of India for the first time in its history.
Which of the statements given above is/are correct?
The main advantage of the parliamentary form of government is that
For election to the LokSabha, a nomination paper can be filed by
Consider the following statements:
1. In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50 percent of the votes polled, to be declared elected.
2. According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker's post goes to the majority party and the Deputy Speaker's to the Opposition.
Which of the statements given above is/are correct?
