⚖️ Polity & GovernanceUPSC 2016Salient Features of RPA

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:

aLok Sabha by a simple majority of its total membership
bLok Sabha by a majority of not less than two-thirds of its total membership
cRajya Sabha by a simple majority of its total membership
dRajya Sabha by a majority of not less than two-thirds of its members present and voting
✓ Correct answer: d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
ExplanationAccording to Article 249 of the Constitution.Parliament can legislate on a matter enumerated in the State List if a resolution is passed by the Rajya Sabha .The resolution must be passed by a majority of not less than two-thirds of the members present and voting.This means the majority is calculated based on the number of members present and voting, not the total membership of the Rajya Sabha.This is subject to the National Interest clause.The Parliament can legislate on State List matters when it is required in the national interest.171

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