Q. If Rajya Sabha passes a resolution under Article 249, Parliament can make a law with respect to certain matters in the State List. Under such a scenario, which one of the following statements is correct?

[A] The resolution must be passed with the prior recommendation of the President of India.

[B] The resolution must be passed by a simple majority

[C] The resolution remains in force for the period prescribed by the Rajya Sabha but not exceeding two years.

[D] The resolution does not restrict the power of a state legislature to make laws on the same matter.

Answer: D
Notes:

Exp) Option d is the correct answer

Option a is incorrect: If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws with respect to a matter in the State List, then the Parliament becomes competent to make laws on that matter. The resolution does not need prior recommendation of the President of India.

Option b is incorrect: A resolution under Article 249 must be supported by two-thirds of the Rajya Sabha members present and voting.

Option c is incorrect: The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time.

Option d is correct: The provision under Article 249 including the resolution does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.

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