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
a) Lok Sabha by a simple majority of its total membership
b) Lok Sabha by a majority of not less than two thirds of its total membership
c) Rajya Sabha by a simple majority of its total membership
d) Rajya Sabha by a majority of not less than two thirds of its members present and voting
Solution:
- According to Article 249 of the Constitution of India if the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws with respect to goods and services tax or 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.
- The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time.
- The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force.
- This provision does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
Ans: (d)
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