Aspirant Academy

RAS question

Under which Article can the Parliament legislate on a State List subject if the Rajya Sabha passes a resolution by a special majority?

Correct answer: (A) Article 249.

Article 249 allows Parliament to legislate on a State List subject when the Rajya Sabha passes a national-interest resolution supported by at least two-thirds of members present and voting.

  1. (A)

    Article 249

  2. (B)

    Article 248

  3. (C)

    Article 250

  4. (D)

    Article 252

Explanation

Article 249 is a federal exception to the normal division of legislative powers. The Constitution says that if the Council of States, that is 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 for Parliament to make laws on a specified State List matter, Parliament may legislate on that matter for the whole or any part of India. The authority lasts while the resolution remains in force. Such a resolution may remain in force for a period not exceeding one year, and it can be continued for further one-year periods by another resolution passed in the same manner.

Why the other options are wrong

  • (B) Article 248 concerns Parliament's residuary legislative powers, not the Rajya Sabha's national-interest resolution for a State List subject.
  • (C) Article 250 is tied to Parliament legislating on State List matters during a National Emergency, whereas Article 249 depends on a Rajya Sabha special-majority resolution.
  • (D) Article 252 applies when two or more states consent to Parliament legislating for them, not when the Rajya Sabha authorises Parliament in the national interest.

Concept

Centre-state legislative relations include constitutional exceptions that let Parliament enter the State List. RAS repeats this area because Articles 249, 250 and 252 are close in theme but differ sharply in trigger and authority.

Source

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