Previous Year Question

Under Article 249(1), if the Rajya Sabha passes a resolution, supported by not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to legislate on a State List matter specified in the resolution, Parliament acquires the power to make such a law for the whole or any part of India.

Two points are crucial:

• The resolution can be passed only by the Rajya Sabha.

• The required majority is not two-thirds of its total membership, but not less than two-thirds of the members present and voting.

The Rajya Sabha represents the States. Therefore, it has been given this special power to authorise parliamentary legislation on a State List matter in the national interest.

Under Article 249:

• The resolution can remain in force for a maximum of one year.

• It may be renewed through the same procedure for periods not exceeding one year at a time.

• A parliamentary law made under the resolution does not cease immediately when the resolution expires.

• It continues to operate for six months after the resolution ceases to be in force, after which it becomes ineffective prospectively.

• A State Legislature can also legislate on the same matter, but the parliamentary law prevails to the extent of inconsistency while it remains operative.

Parliament may also legislate on State List matters during a National Emergency under Article 250, with the consent of two or more States under Article 252, to implement international obligations under Article 253, and during President’s Rule under Article 356.