Civil Services Prep

Prelims 2016 · Polity and Constitution · Question 20

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

  1. Lok Sabha by a simple majority of its total membership
  2. Lok Sabha by a majority of not less than two-thirds of its total membership
  3. Rajya Sabha by a simple majority of its total membership
  4. Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Answer

Rajya Sabha by a majority of not less than two-thirds of its members present and voting

  • (a) Incorrect. Under Article 249, this power is not given through the Lok Sabha; it is initiated by the Rajya Sabha.
  • (b) Incorrect. The Lok Sabha has no such role under Article 249, and the required majority mentioned here is also wrong.
  • (c) Incorrect. The resolution must be passed by the Rajya Sabha, but not by a simple majority of its total membership.
  • (d) Correct. Article 249 says Parliament can legislate on a State List subject in national interest if the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting.
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