Question
UPSC Prelims 2016 Question:
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:
Answer (Detailed Solution Below)
Option 4: Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Detailed Solution
Explanation:
- Article 249 of the Constitution of India empowers the Parliament to legislate with respect to any matter in the State List of the Seventh Schedule in the national interest.
- If the Rajya Sabha declares that it is necessary for the national interest that Parliament should make laws with respect to goods and services tax or a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force. This provision does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
Therefore, option (4) is the correct answer.
Subject: Polity | Parliament
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