Q. 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

• Lok Sabha by a simple majority of its total membership
• Lok Sabha by a majority of not less than two-thirds of its total membership
• Rajya Sabha by a simple majority of its total membership
• Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Answer: (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Notes:

• As per Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by 2/3 majority of its members present and voting, that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest.
• Legislative Functions of Parliament:
  • The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
  • In the case of the Concurrent List, where the state legislatures and the Parliament have joint jurisdiction, the union law will prevail over the states unless the state law had received the earlier presidential assent.
  • However, the Parliament can any time, enact a law adding to, amending, varying, or repealing a law made by a state legislature.
  • The Parliament can also pass laws on items in the State List under the following circumstances:
  • If Emergency is in operation, or any state is placed under President’s Rule (Article 356), the Parliament can enact laws on items in the State List as well.
  • As per Article 253, it can pass laws on the State List items if it is required for the implementation of international agreements or treaties with foreign powers.
  • According to Article 252, if the legislatures of two or more states pass a resolution to the effect that it is desirable to have a parliamentary law on any item listed in the State List, the Parliament can make laws for those states.
• Executive Functions (Control over the Executive):
  • In the parliamentary form of government, the executive is responsible to the legislature.
  • Hence, the Parliament exercises control over the executive by several measures. 
  • By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of power.
  • It can reject a budget proposal or any other bill brought by the Cabinet.
  • A motion of no-confidence is passed to remove a government from office.
  • The MPs (Members of Parliament) can ask questions to the ministers on their ommissions and commissions.
  • Any lapses on the part of the government can be exposed in the Parliament.
  • Adjournment Motion:
  • Allowed only in the Lok Sabha, the chief objective of the adjournment motion is to draw the attention of the Parliament to any recent issue of urgent public interest.
  • It is considered an extraordinary tool in Parliament as the normal business is affected.