UPSC Prelims 2016 GS Paper I · Q95 of 100 Polity & Governance medium

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. (a) Lok Sabha by a simple majority of its total membership
  2. (b) Lok Sabha by a majority of not less than two-thirds of its total membership
  3. (c) Rajya Sabha by a simple majority of its total membership
  4. (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting ✓ UPSC's answer

Why the answer is (d)

• Under Article 249, Parliament may legislate on a State List matter in the national interest if the Rajya Sabha passes a resolution supported by not less than two-thirds of members present and voting — option (d).

• The resolution lasts one year and can be renewed; the law ceases six months after the resolution lapses.

• The Lok Sabha (a, b) has no such role, reflecting Rajya Sabha's character as the Council of States, and a simple majority (c) is insufficient.

• Hence option (d).

Why the other options are wrong

(a) Lok Sabha by a simple majority of its total membership
Lok Sabha has no role under Article 249.
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
Lok Sabha has no role under Article 249.
(c) Rajya Sabha by a simple majority of its total membership
A two-thirds majority, not simple majority, is required.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2016, held on 7 August 2016. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

Reading the answer is not the same as getting it right under a clock. Practise this question with UPSC's negative marking, and anything you miss goes into an error notebook until you get it right twice.

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