Previous Year Question

Option (b) is correct. Under Article 249 of the Constitution, 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 matter in the State List, Parliament may make a law on that matter.

Such a resolution can remain in force for a maximum period of one year. The Rajya Sabha may extend it by passing another resolution in the same manner for further periods of one year at a time. Thus, Article 249 does not confer a permanent general power over the State List; it creates power under a special constitutional circumstance.

A law made under Article 249 does not cease immediately when the resolution expires. To the extent that Parliament would otherwise lack competence to make it, such a law ceases to have effect six months after the resolution ceases to operate, without affecting things already done under it.

Option (d) requires particular care. Merely “asking” the concerned State Legislature is not sufficient. Under Article 252, Parliament may legislate on a State List matter for two or more States when their legislatures formally pass resolutions requesting such parliamentary legislation. Thus, option (d) does not correctly state the constitutional requirement.

Parliament's power over State List matters is not confined to Article 249. For example, such power may also arise under Article 250 during a National Emergency, Article 252 with the consent of two or more States, and Article 253 for implementing international agreements.