UPSC Prelims 2016 · Question 20 of 98
UPSC Prelims 2016 question on Rajya Sabha State List Legislation
- ExamUPSC CSE
- Year2016
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicParliament
- DifficultyEasy
- TypeDirect
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
Show answer
Answer: D. Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Verdict
The answer is the Rajya Sabha by a majority of not less than two-thirds of its members present and voting. That is the requirement under Article 249.
Analysis
Article 249 empowers Parliament to legislate on a State List subject in the national interest if the Rajya Sabha passes a resolution to that effect, supported by not less than two thirds of the members present and voting. Such a resolution remains in force for a maximum of one year and can be renewed a year at a time. The power is given to the Rajya Sabha precisely because it represents the States, and the majority required is a special one, so options naming the Lok Sabha or a simple majority both fail.
Source
M. Laxmikanth, Indian Polity.
How to crack it
Two questions settle this. Which House represents the States, since a power to intrude on State subjects is logically entrusted to the federal chamber, and how demanding is the majority, since an exceptional power requires a special majority rather than a simple one. Reasoning from federal logic gets you to the Rajya Sabha and from exceptionality to two thirds. Keep Article 249 and Article 312, on all India services, together, because both give the Rajya Sabha this same special role.