Support of how many members of Rajya Sabha is required to pass the resolution under Article 249 of the Constitution?

Question

Accepted Answer

The correct option is 1:

The correct option is 1: 2/3rd of the members present and voting.

Article 249 of the Indian Constitution deals with the power of Parliament to legislate on matters enumerated in the State List. Since the State List contains subjects over which State Legislatures normally have exclusive power, this Article serves as an important flexibility mechanism within India's federal structure, allowing the central government to intervene in state matters when required in the "national interest." However, because this power encroaches upon the domain of the states, the Constitution lays down a specific, stringent procedure to initiate this process, placing the authority in the hands of the Rajya Sabha (Council of States), which represents the interests of the states.

For the Rajya Sabha to declare that it is necessary or expedient in the national interest for Parliament to make laws concerning a matter in the State List, it must pass a resolution. The crucial requirement for passing this resolution is a special majority defined by the Constitution: it must be supported by two-thirds (2/3rd) of the members present and voting in the House. This specific type of special majority is designed to ensure that the decision to transfer a State subject temporarily to the Parliament for legislation has the overwhelming consent of the representatives of the states, thereby safeguarding the federal balance while responding to national exigencies. The resolution remains in force for a maximum period of one year, but it can be extended annually by passing a fresh resolution with the same majority.

The incorrect option is 2: 2/3rd of the members present and voting and majority of the total members of the House.

This option describes a different type of special majority, often used for critical matters like the removal of judges, or amendments that affect the fundamental rights (under Article 368). The requirement under Article 249 is specifically and explicitly limited to the support of two-thirds of the members *present and voting* only. Adding the requirement of a "majority of the total members of the House" makes the requirement stricter than what Article 249 mandates for this particular resolution.

The incorrect option is 3: 2/3rd of the members present and voting and majority of the total membership of the House.

Similar to Option 2, this definition of a special majority (often referred to as 'Special Majority under Article 368') is reserved for amending the Constitution. While the language "majority of the total membership of the House" is constitutionally significant, it is not the standard specified for the resolution under Article 249. The framers chose a comparatively simpler special majority (2/3rd present and voting) for this resolution, recognizing its temporary nature and the need for a practical mechanism to address urgent national needs.

The incorrect option is 4: Majority of all the then members of the House.

This majority, often referred to as an "absolute majority" or "effective majority" (if "all the then members" means current strength excluding vacancies), is commonly used for procedures like the removal of the Vice President in the Rajya Sabha. It requires support from more than 50% of the currently constituted strength of the House. However, Article 249 demands a much higher threshold—a two-thirds majority of those participating in the vote—to grant Parliament temporary power over a State subject, indicating the gravity of the decision involved, which a simple or absolute majority would not sufficiently reflect.