Difficulty: Medium
Correct Answer: Rajya Sabha
Explanation:
Introduction / Context:
India is a federal country where legislative subjects are distributed between the Union and the states. However, the Constitution also provides flexibility so that in certain situations the Union Parliament can legislate on matters that normally fall under the State List. This question examines your knowledge of which institution has the authority to trigger such a transfer of power to Parliament and under what mechanism this occurs. It is based on an important federal provision that appears in Article 249 of the Constitution of India.
Given Data / Assumptions:
Concept / Approach:
Article 249 of the Constitution states that if the Rajya Sabha passes a resolution supported by not less than two thirds of the members present and voting that it is necessary in the national interest for Parliament to make laws with respect to any matter in the State List, then Parliament gains that power for a limited period. The logic is that the Rajya Sabha represents the states at the national level, so its special resolution reflects the collective will of states to temporarily allow union legislation on state subjects. This power does not belong to the Union executive or to regulatory authorities; it is a constitutional function of the Rajya Sabha.
Step-by-Step Solution:
Step 1: Recall that the State List usually falls within the exclusive legislative competence of state legislatures.Step 2: Remember that the Constitution provides exceptions through which Parliament may legislate on State List subjects in national interest.Step 3: Identify Article 249 as the provision that talks about a special resolution in the Council of States, which is the Rajya Sabha.Step 4: Note that this resolution must be passed by a two thirds majority of members present and voting.Step 5: Conclude that the body empowered to give Parliament this temporary authority is the Rajya Sabha.
Verification / Alternative check:
You can cross check by remembering the representative role of the Rajya Sabha, which is often described as the council of states. Because it is meant to voice state interests at the union level, it is constitutionally appropriate that this body, and not any executive ministry, decides when national interest justifies Parliament entering the State List field. Textbooks on Indian polity specifically mention that the Rajya Sabha can pass such a resolution in national interest under Article 249, confirming the correct answer. No mention is made of the Ministry of Defence, Prime Minister Office, or Securities and Exchange Board of India in this context.
Why Other Options Are Wrong:
The Ministry of Defence is an executive department responsible for defence policy and operations, not for conferring legislative competence on Parliament. The Prime Minister's Office assists the Prime Minister in coordination and administration but does not have constitutional authority to alter the division of legislative powers. The Securities and Exchange Board of India is a regulatory body associated with capital markets and has no role in constitutional allocation of legislative fields. None of these have the power described; only the Rajya Sabha can pass the special resolution under Article 249 to empower Parliament to legislate on State List matters in national interest.
Common Pitfalls:
Exam candidates sometimes mistakenly assume that a powerful executive institution like the Prime Minister Office or a central ministry can override the State List. However, the federal structure is protected by constitutional procedures, not by executive discretion. Another pitfall is to overlook the special role of the Rajya Sabha and focus only on the Lok Sabha. Remembering that the Rajya Sabha symbolically represents states helps you quickly identify its key functions, including this power to extend the Union legislative domain in national interest.
Final Answer:
Under the Constitution of India, it is the Rajya Sabha that can give Parliament power to make laws on State List matters by passing a special resolution in national interest.
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