Question
Which of the following correctly states the limits on
Parliament under Article 249 of the Constitution (residuary power to legislate on state subjects in national interest)?Solution
Article 249 empowers Parliament to legislate on matters in the State List when the Rajya Sabha passes a resolution supported by not less than two-thirds of members present and voting, declaring such legislation necessary in the national interest. This provision reflects a constitutional mechanism to address issues transcending state boundaries while preserving federal principles through procedural safeguards. The power is temporary, limited to the duration of the resolution and six months thereafter. Courts have upheld this provision as a valid expression of cooperative federalism, ensuring flexibility without permanently undermining State autonomy.
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