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
- (a) Lok Sabha by a simple majority of its total membership
- (b) Lok Sabha by a majority of not less than two-thirds of its total membership
- (c) Rajya Sabha by a simple majority of its total membership
- (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.