Consider the following statements.1. Parliament can make laws on a ma...
Parliament's Power to Make Laws on State List Subjects
Statement 1: Parliament can make laws on a matter in the state list if the Rajya Sabha says that it is necessary in the national interest that Parliament should make laws on that matter.
This statement is correct. Article 249 of the Constitution of India empowers Parliament to make laws on any matter in the State List if the Rajya Sabha passes a resolution by a two-thirds majority of the members present and voting that it is necessary in the national interest to do so. However, such a law can only be made for a specified period, not exceeding one year.
Statement 2: This resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting.
This statement is also correct. As per Article 249, the resolution must be supported by not less than two-thirds of the members present and voting. This means that at least two-thirds of the members present in the Rajya Sabha must vote in favor of the resolution for it to be passed.
Statement 3: The resolution remains in force only for 6 months.
This statement is incorrect. According to Article 249, the law made by Parliament on a matter in the State List remains in force only for as long as the Rajya Sabha resolution supporting it is in force. The resolution can be passed for a maximum period of one year, but it can also be revoked by the Rajya Sabha at any time.
Conclusion:
Therefore, the correct answer is option 'A' i.e 1 and 2 Only. Parliament can make laws on a matter in the state list if the Rajya Sabha says that it is necessary in the national interest that Parliament should make laws on that matter, and this resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting.
Consider the following statements.1. Parliament can make laws on a ma...
- Parliament makes laws on subjects in State List in the following scenarios - When Rajya Sabha passes a resolution to that effect - Parliament can make laws on a matter in the state list if the Rajya Sabha says that it is necessary for the national interest that Parliament should make laws on that matter.
- This resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting. The resolution remains in force only for one year. It can be renewed again and again but not exceeding one year at a time.
- The laws made under the resolution to cease to have an effect on the expiration of six months after the resolution has ceased to be in force. The state legislature too can make laws on the same matter, but, in case of conflict parliamentary law prevails. During a National Emergency - When a proclamation of national emergency is in operation, parliament can legislate on subjects of the state list.
- Here too the laws become ineffective on the expiry of six months after the emergency has ceased to operate. Here again, states can make laws but in case of conflict parliamentary law prevails. When States make a request for it - Parliament can also make laws on subjects in the state list when the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on that matter.
- This law enacted by the Parliament will apply only to the concerned states i.e., states who have passed such a resolution. But even other states are allowed to adopt the law by passing a resolution in their legislatures. However, only Parliament can amend or repeal such a law.