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

The correct answer is: Rajya Sabha by a majority of not less than two-thirds of its members present and voting.

This question tests your knowledge of a very specific and important constitutional provision in India — the power of Parliament to legislate on subjects that ordinarily fall under the exclusive jurisdiction of State Legislatures.

Understanding the Basic Framework — Three Legislative Lists

The Indian Constitution, under the Seventh Schedule, divides legislative powers between the Union and the States through three lists:

• Union List (List I): Only Parliament can legislate (e.g., Defence, Foreign Affairs, Atomic Energy).
• State List (List II): Only State Legislatures can legislate (e.g., Police, Public Health, Agriculture).
• Concurrent List (List III): Both Parliament and State Legislatures can legislate (e.g., Education, Marriage, Forests).

Normally, Parliament has no power to make laws on subjects in the State List. However, the Constitution provides certain exceptional situations where this boundary can be crossed.

The Key Constitutional Provision — Article 249

Article 249 of the Indian Constitution specifically deals with this scenario. It grants Parliament the power to legislate on any matter in the State List if it is deemed necessary in the national interest.

The exact procedure laid down by Article 249 is:

Step 1: The Rajya Sabha (the Council of States / Upper House) must pass a resolution declaring that it is necessary in the national interest that Parliament should legislate on a particular item in the State List.

Step 2: This resolution must be supported by a majority of not less than two-thirds of the members present and voting in the Rajya Sabha.

Step 3: Once such a resolution is passed, Parliament becomes empowered to make laws on that State List subject for a period of one year at a time (the resolution can be renewed for further periods of one year each).

Why is the Rajya Sabha — and not the Lok Sabha — given this power?

This is a critically important design choice by the Constitution-makers. The Rajya Sabha is the House of the States — it represents the federal units (states) of the Indian Union. Each state is represented in the Rajya Sabha. Therefore, it is logically and constitutionally appropriate that if the states' own legislative domain (the State List) is to be encroached upon in the national interest, then the body representing those very states must consent to it. Giving this power to the Lok Sabha (which represents the people directly) rather than the Rajya Sabha would undermine the federal character of the Constitution.

Why two-thirds majority of members "present and voting" — not total membership?

This is a subtle but important distinction. There are two types of special majorities relevant here:

• Majority of total membership: Calculated on the basis of the entire membership of the house, regardless of who is present.
• Majority of members present and voting: Calculated only on those who are actually present and casting their votes on that day.

Article 249 requires a two-thirds majority of members present and voting. This is a somewhat easier threshold to achieve than two-thirds of total membership, but it still ensures that a very strong consensus exists among those actively participating in the deliberation. It prevents a bare majority from casually overriding state powers.

Why the other options are incorrect:

• Option 1 (Lok Sabha by simple majority of total membership): Incorrect. The power under Article 249 is initiated in the Rajya Sabha, not the Lok Sabha. Also, a mere simple majority is far too low a threshold for such an important override of federal division of powers.

• Option 2 (Lok Sabha by two-thirds of total membership): Incorrect. Again, the Lok Sabha plays no role in passing this resolution. This is purely a Rajya Sabha function under Article 249.

• Option 3 (Rajya Sabha by simple majority of total membership): Incorrect on two counts. First, the majority required is two-thirds, not a simple majority. Second, it is calculated on members present and voting, not total membership.

Summary of the Correct Answer:

Under Article 249 of the Constitution of India, Parliament acquires the power to legislate on a State List subject in the national interest when the Rajya Sabha passes a resolution by a majority of not less than two-thirds of its members present and voting. This provision upholds India's federal spirit by ensuring that the representative body of the states itself consents before Parliament overrides state legislative jurisdiction.