If it is necessary or expedient in the national interest that Parliament should make a law on a matter enumerated in the State List, can Parliament do so? Explain.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
If it is necessary or expedient in the national interest that Parliament should make a law on a matter enumerated in the State List, can Parliament do so? Explain.
Answer & Explanation:
According to Article 249 of the Constitution of India, Parliament can make a law with respect to a matter enumerated in the State List if the Council of States declares by a resolution supported by two-thirds of its members present and voting, that it is necessary or expedient in the national interest that Parliament should make a law on that matter. By such declaration Parliament gets the authority to legislate on that matter for the whole or part of the country so long as the resolution of the Council of States remains in force. But such resolution shall remain in force for a period not exceeding one year. However, a fresh resolution can be passed at the end of one year to give extended lease to the law of Parliament and that way the law of Parliament can be continued to remain in force for any number of years. The laws passed by Parliament under the provision cease to have effect automatically after six months of the expiry of the resolution period. Beyond that date, such Parliamentary law becomes inoperative except as regards the thing done or omitted to be done before the expiry of that law.
Topics: Constitutional Law
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