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
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- ALok Sabha by a simple majority of its total membership
- BLok Sabha by a majority of not less than two-thirds of its total membership
- CRajya Sabha by a simple majority of its total membership
- DRajya Sabha by a majority of not less than two-thirds of its members present and voting
Show answer
Answer: (D) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Answer: (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
This is from Article 249 of the Constitution.
If Rajya Sabha passes a resolution by 2/3rd majority of members present and voting, declaring it 'necessary in the national interest,' Parliament gets power to legislate on State List subjects.
Key details:
- Only RAJYA SABHA can pass this resolution (not Lok Sabha) because Rajya Sabha represents the States;
- Majority needed is 2/3rd of members PRESENT AND VOTING (not total membership);
- The resolution is valid for 1 year at a time (can be renewed).
Why Rajya Sabha? The State List belongs to states, and Rajya Sabha is the 'Council of States.' Only if the states' house agrees can Parliament enter the state domain.
Source: Laxmikanth's Indian Polity - Centre-State relations chapter.
Article 249 allows Parliament to override federal division of powers and legislate on state subjects, but only if Rajya Sabha (representing states) agrees by two-thirds majority.
The question tests a core federal principle: only the states' house (Rajya Sabha) can authorize Parliament to enter state legislative domain, not the directly elected Lok Sabha.
Students must distinguish between 'total membership' versus 'present and voting' - the Constitution uses different thresholds for different procedures.
Article 249: Rajya Sabha's Legislative Resolution Powers
Indian Polity Article 249 Rajya Sabha State List national interest resolution
Article 249: When Parliament Can Legislate on State List Items
Article 249 allows Parliament to legislate on State List subjects if Rajya Sabha passes a resolution declaring it necessary in national interest
Only Rajya Sabha can pass this resolution by 2/3rd majority of members present and voting
Resolution is valid for 1 year at a time but can be renewed
This power operates during normal times (not emergency)
Constitutional Logic
Article 249 enables Parliament to enter the State List domain during normal times when national interest demands it. The Constitution assigns this power specifically to Rajya Sabha because it represents the states - only if the states' house agrees can Parliament override the federal division of powers.
Article 249 Requirements
Aspect | Requirement | Key Detail |
|---|---|---|
Which House | Rajya Sabha only | Lok Sabha cannot pass this resolution |
Majority Required | 2/3rd majority | Of members present and voting, not total membership |
Declaration | Necessary in national interest | Specific wording required in resolution |
Validity Period | Maximum 1 year | Can be renewed for another year |
Subject Matter | Any item in State List | Parliament can then legislate on that specific item |
Why Rajya Sabha Gets This Power
Rajya Sabha represents states in the federal structure - it's called the 'Council of States'
State List belongs to states - only their representatives can authorize Parliament's entry
Federal balance - prevents Lok Sabha from unilaterally overriding state powers
Deliberative approach - Rajya Sabha's longer tenure ensures mature consideration of national vs state interests
Question Anchoring
This question tests the exact constitutional mechanism under Article 249. The trap lies in confusing which house has this power and the specific majority required. Options A and B incorrectly suggest Lok Sabha can pass this resolution, while option C gets the house right but wrong majority threshold.
Trap: Confusing Lok Sabha with Rajya Sabha - only Rajya Sabha can pass Article 249 resolutions
Trap: Mixing up 'total membership' vs 'present and voting' - Article 249 needs 2/3rd of present and voting
Trap: Confusing with Article 250 (emergency powers) or Article 252 (state consent)
Trap: Assuming simple majority is enough - Article 249 specifically requires 2/3rd majority
Parliament's Powers Over State List
Indian Polity Parliament State List legislate
When Parliament Can Override State Legislative Powers
Parliament can legislate on State List subjects under 5 specific circumstances mentioned in the Constitution
Article 249 (Rajya Sabha resolution) is for normal times, while Articles 250, 352-356 are for emergencies
Article 252 allows Parliament to legislate when two or more states request it
Parliament's State List Powers
Article | Circumstance | Procedure | Duration |
|---|---|---|---|
Article 249 | National interest | Rajya Sabha resolution by 2/3rd majority | 1 year (renewable) |
Article 250 | National emergency (Article 352) | Automatic during emergency | 6 months after emergency ends |
Article 252 | State consent | Two or more states pass resolutions requesting Parliament | Permanent until repealed |
Article 353 | President's Rule (Article 356) | Automatic when state government suspended | During President's Rule period |
Article 254 | International agreements | To implement treaties and international obligations | As required by treaty |
Constitutional Framework
# Parliament & State List
## Normal Times
- Article 249 (Rajya Sabha resolution)
- Article 252 (State consent)
## Emergency Periods
- Article 250 (National emergency)
- Article 353 (President's Rule)
## International Obligations
- Article 254 (Treaties)
- Constitutional duty to implementTrap: Mixing up Article 249 (normal times) with Article 250 (emergency) - different triggers and procedures
Trap: Confusing Article 252 (state consent) with Article 249 (national interest) - consent vs compulsion
Trap: Assuming Parliament can always override states - it can only do so under these 5 specific constitutional provisions
Rajya Sabha's Exclusive Constitutional Powers
Indian Polity Rajya Sabha
Rajya Sabha's Unique Powers in Indian Parliament
Rajya Sabha has 4 exclusive powers that Lok Sabha cannot exercise
Article 249 and Article 312 are the most important exclusive powers for UPSC
These powers reflect Rajya Sabha's role as protector of states' interests and federal structure
Why Rajya Sabha Gets Special Powers
Rajya Sabha represents states in India's federal structure. The Constitution grants it exclusive powers in areas affecting Centre-State relations and federal balance. These powers ensure that major changes to the federal framework require consent from states' representatives, not just the directly elected house.
Rajya Sabha's Exclusive Powers
Article | Power | Majority Required | Significance |
|---|---|---|---|
Article 249 | Authorize Parliament to legislate on State List | 2/3rd of present & voting | Override federal division in national interest |
Article 312 | Create All India Services | 2/3rd of present & voting | Services serving both Centre and states |
Article 169 | Create/abolish Legislative Councils in states | Simple majority | Change state legislature structure |
Removal powers | Remove Vice President | Simple majority | VP is Rajya Sabha's Chairman |
Constitutional Logic Behind These Powers
Federal guardian role - Rajya Sabha protects states from central overreach
Indirect election advantage - members have longer tenure, less populist pressure
State representation - ensures major federal changes need state-level political consensus
Bicameral balance - prevents Lok Sabha from completely dominating the system
Trap: Assuming both houses have equal powers - Rajya Sabha has these 4 exclusive powers
Trap: Confusing 2/3rd present & voting (Articles 249, 312) with 2/3rd total membership (constitutional amendments)
Trap: Missing that Vice President removal is Rajya Sabha exclusive - he's their Chairman
Parliamentary Voting Requirements
Indian Polity majority two-thirds simple majority members present and voting total membership
Different Majority Requirements in Parliamentary Voting
Parliament uses 3 main majority types: simple, absolute (50%+1 of total), and special (2/3rd)
Present and voting vs total membership makes a huge difference in required numbers
Constitutional amendments need 2/3rd of total membership; Articles 249, 312 need 2/3rd of present & voting
Majority Types in Parliament
Majority Type | Calculation Base | Examples | Threshold |
|---|---|---|---|
Simple Majority | Present and voting | Ordinary bills, motions | 50% + 1 of those present |
Absolute Majority | Total membership | Some constitutional posts | 50% + 1 of total strength |
Special Majority (2/3rd) | Present and voting | Articles 249, 312, impeachment | 2/3rd of those present |
Special Majority (2/3rd) | Total membership | Constitutional amendments | 2/3rd of total strength AND 50%+1 present |
Key Constitutional Provisions by Majority
Provision | House | Majority Required | Base |
|---|---|---|---|
Article 249 (State List) | Rajya Sabha only | 2/3rd | Present and voting |
Article 312 (All India Services) | Rajya Sabha only | 2/3rd | Present and voting |
Constitutional Amendment | Both houses | 2/3rd | Total membership |
President's Impeachment | Both houses | 2/3rd | Present and voting |
Money Bills | Lok Sabha only | Simple | Present and voting |
Why Different Majorities Matter
Present and voting is easier to achieve - only needs those actually participating in the vote
Total membership includes absent members - much harder threshold, ensures broad consensus
Constitutional amendments use strictest standard - both 2/3rd total membership AND 50%+1 present
Emergency provisions often use present and voting - allows quick decision-making when needed
Trap: Confusing present and voting with total membership - read the exact wording carefully
Trap: Assuming all 2/3rd majorities work the same way - some use total membership, others use present and voting
Trap: Missing that constitutional amendments need 2/3rd of total membership in BOTH houses
Trap: Forgetting quorum requirements - minimum members must be present before voting can happen