The Parliament of India acquires the power to legislate on any item in...
When Rajya Sabha Passes a Resolution If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting.
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The Parliament of India acquires the power to legislate on any item in...
The Parliament of India has the power to legislate on any item in the State List under certain circumstances. This power is granted under Article 249 of the Indian Constitution.
Conditions for the exercise of the Power:
There are two conditions that must be met before the Parliament can exercise this power:
1. A resolution must be passed by the Rajya Sabha: The Rajya Sabha must pass a resolution by a majority of not less than two-thirds of the members present and voting. This resolution must declare that it is necessary or expedient in the national interest that Parliament should make laws on any matter in the State List.
2. The resolution must remain in force for a limited period: The resolution can only remain in force for a period of one year, but this can be extended by Parliament for a further period of one year at a time.
Implications of the Power:
If these conditions are met, then Parliament can legislate on any matter in the State List. This means that it can make laws that would normally fall under the jurisdiction of the state legislatures. However, this power is not absolute, and there are certain limitations to it:
1. The law cannot override any provision of the Constitution: The law made by Parliament cannot override any provision of the Constitution, including any provision that relates to the distribution of powers between the Centre and the States.
2. The law must be in the national interest: The law made by Parliament must be in the national interest, and not just in the interest of a particular state or region.
3. The law must be temporary: The law made by Parliament can only remain in force for the period specified in the resolution passed by the Rajya Sabha.
Conclusion:
In conclusion, the Parliament of India has the power to legislate on any item in the State List if certain conditions are met. This power is granted to Parliament under Article 249 of the Constitution, and it can only be exercised if a resolution is passed by the Rajya Sabha by a majority of not less than two-thirds of the members present and voting. However, this power is not absolute, and there are certain limitations to it.
The Parliament of India acquires the power to legislate on any item in...
Answer is:A