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

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2016, Q26

Contents16
UPSC Prelims GS2016Indian Polity
  1. ALok Sabha by a simple majority of its total membership
  2. BLok Sabha by a majority of not less than two-thirds of its total membership
  3. CRajya Sabha by a simple majority of its total membership
  4. 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.

Why this was asked

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

Must know

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

Good to know

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.

Exam traps

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

Must know

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

Good to know

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 implement
Exam traps

Trap: 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

Must know

Rajya Sabha has 4 exclusive powers that Lok Sabha cannot exercise

Article 249 and Article 312 are the most important exclusive powers for UPSC

Good to know

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

Exam traps

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

Must know

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

Exam traps

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