Previous Year Question
A resolution passed by the Rajya Sabha under Article 249 of the Constitution empowering Parliament to legislate on a State subject in national interest remains in force for a period:
Not exceeding six months
Not exceeding two years
Not exceeding one year
Of unlimited time
Correct Answer: C
Detailed Solution
Under Article 249(1) of the Constitution, if the Rajya Sabha passes a resolution supported by not less than a two-thirds majority of the members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to legislate on a specified matter in the State List, Parliament becomes competent to legislate on that matter.
Under Article 249(2), such a resolution remains in force for the period specified in it, but that period cannot exceed one year. Therefore, the direct answer to the question is one year.
An important fact is that before its expiry, another resolution may be passed in the same prescribed manner to continue it for a further period of one year at a time. Thus, the maximum duration of one resolution is one year, although its operation can be extended through fresh resolutions.
The six-month period should not be confused with the duration of the resolution. Under Article 249(3), after the resolution ceases to be in force, a Parliamentary law made on its basis generally ceases to have effect, to the extent of Parliament's lack of ordinary competence over the State List matter, after six months. Thus, 1 year concerns the resolution, while 6 months concerns the additional operation of the law made under it.
Thus, the useful examination association is—Article 249 → Rajya Sabha → 2/3 present and voting → National Interest → Resolution maximum 1 year.