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Which of the following Articles of the Constitution of India empowers the Parliament to make law on a…

Article 249 of the Constitution of India ('Power of Parliament to legislate with respect to a matter in the State List in the national interest') provides that if the…

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Which of the following Articles of the Constitution of India empowers the Parliament to make law on a subject mentioned in the State List in the national interest upon a resolution passed by the Council of States (Rajya Sabha)?

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Answer and explanation

Correct answer B

Article 249 of the Constitution of India ('Power of Parliament to legislate with respect to a matter in the State List in the national interest') provides that if the Council of States (Rajya Sabha) has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force (up to one year at a time, renewable by further resolution). By contrast, Article 245 deals with the territorial extent of laws made by Parliament and State Legislatures, Article 251 addresses inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by State Legislatures, and Article 253 empowers Parliament to enact legislation for giving effect to international agreements, treaties, and conventions.

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Option A

Incorrect. Article 245 defines the territorial extent of laws made by Parliament and by the Legislatures of States, rather than empowering Parliament to legislate on State List subjects.

Option B

Correct. Under Article 249(1) of the Constitution of India, if the Council of States (Rajya Sabha) declares by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to a matter in the State List, Parliament becomes empowered to make laws on that matter.

Option C

Incorrect. Article 251 provides for the rule of repugnancy (whereby the Parliamentary law prevails) when there is an inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States.

Option D

Incorrect. Article 253 empowers Parliament to make any law for the whole or any part of the territory of India for implementing any international treaty, agreement, or convention, rather than legislating on a State List matter in the national interest upon a Rajya Sabha resolution.

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