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Difficulty: MediumFederal System, Centre-State Relations, and Emergency Provisions

With reference to the constitutional provisions empowering the Parliament of India to legislate on matters enumerated in the State List, consider the following statements:

1. A resolution passed by the Rajya Sabha under Article 249 authorizing Parliament to make laws on a State List subject must be supported by a majority of not less than two-thirds of the members present and voting.
2. A law passed by Parliament under Article 249 ceases to have effect on the expiration of a period of six months after the resolution has ceased to be in force.
3. During the operation of a Proclamation of National Emergency under Article 352, Parliament acquires the power to make laws for the whole or any part of the territory of India with respect to any of the matters in the State List under Article 250.

Which of the statements given above are correct?

  1. A
    Statements 1 and 2 are correct, but Statement 3 is incorrect
  2. B
    Statements 2 and 3 are correct, but Statement 1 is incorrect
  3. Statements 1, 2, and 3 are all correctAnswer
  4. D
    Statement 3 is the only correct statement

Answer

All three statements (1, 2, and 3) are correct regarding parliamentary power to legislate on State List subjects under Articles 249 and 250.
All three statements are constitutionally accurate. Under Article 249, the Rajya Sabha can declare by resolution supported by not less than two-thirds of members present and voting that it is necessary in the national interest for Parliament to make laws on a State List subject. Such a law remains valid for up to six months after the resolution ceases to be in force. Furthermore, under Article 250, during a National Emergency under Article 352, Parliament automatically gains concurrent legislative authority over all subjects in the State List.

Step-by-Step Solution

1
Analyze Statement 1 regarding Article 249 majority requirement
Statement 1 is correct. Article 249(1) explicitly requires a resolution in the Rajya Sabha to be supported by not less than two-thirds of the members present and voting in the national interest.
Rajya Sabha represents state interests, so a special majority is mandated to temporarily transfer legislative competency on a state topic to Parliament.
2
Analyze Statement 2 regarding the duration of a law made under Article 249
Statement 2 is correct. According to Article 249(3), a law made by Parliament under this provision ceases to have effect on the expiration of a period of six months after the resolution has ceased to be in force.
Resolutions under Article 249 remain in force for up to one year at a time, but the resulting law has a statutory sunset window of six months post resolution expiry.
3
Analyze Statement 3 regarding Article 250 during a National Emergency
Statement 3 is correct. Article 250 empowers Parliament to make laws for the whole or any part of the territory of India with respect to any matter in the State List while a Proclamation of Emergency is in operation under Article 352.
National Emergency converts the federal structure into a unitary one legislatively, enabling parliamentary oversight over state subjects.

Key Concept

Parliamentary Legislation on State List Matters (Articles 249 & 250)
Estimated Time:1m 15s
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Topics

Federal System, Centre-State Relations, and Emergency Provisions

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