The Parliament of India acquires the power to legislate on any item in

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

Lok Sabha by a simple majority of its total membership

Lok Sabha by a majority of not less than two-thirds of its total membership

Rajya Sabha by a simple majority of its total membership

Rajya Sabha by a majority of not less than two-thirds of its members present and voting

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This question was previously asked in

UPSC IAS – 2016

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According to Article 249 of the Indian Constitution, if the Rajya Sabha passes a resolution by a majority of not less than two-thirds of its members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to legislate on any matter enumerated in the State List, Parliament acquires the power to make laws on that matter.

This provision allows the Parliament to encroach upon the legislative domain of states under specific circumstances deemed to be in the national interest, initiated by the Rajya Sabha (Council of States), which represents the states.

Such a resolution remains in force for a period specified in the resolution, not exceeding one year. Laws made by Parliament under this provision cease to have effect six months after the resolution ceases to be in force, though acts done or omitted before the expiration remain valid. This power is distinct from Parliament’s power to legislate on State List subjects during a Proclamation of Emergency (Article 250) or with the consent of states (Article 252).

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