Which of the following statements is/are correct regarding the role of the Rajya Sabha in special legislative and emergency situations? 1) Under Article 249, a Rajya Sabha resolution allowing Parliament to legislate on State List subjects remains valid for one year. 2) The Parliament can extend a proclamation of President’s Rule only with the concurrence of the Rajya Sabha.
- (a)Only 1
- (b)Only 2
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Answer
Why
Correct — A. Statement 1 restates Article 249(2): a Rajya Sabha resolution letting Parliament legislate on a State List subject stays in force for up to one year, and it can be renewed one year at a time.
The key rejects statement 2. Under Article 356(4) every six-month extension of President's Rule needs a resolution of both Houses, so the Rajya Sabha holds no power of its own over it, as it does under Article 249 → option (a).
Why the others are wrong
- (b)Only 2 — Statement 1 is sound: Article 249(2) gives the resolution a life of up to one year. An option that drops statement 1 cannot be right.
- (c)Both 1 and 2 — The key does not accept statement 2. Extending President's Rule needs resolutions of both Houses under Article 356(4), and the Rajya Sabha has no special power over it.
- (d)Neither 1 nor 2 — Statement 1 is accurate. An Article 249 resolution, passed by two-thirds of Rajya Sabha members present and voting, stays in force for up to one year.
Concept
The Rajya Sabha is usually the weaker House, but the Constitution gives it a few powers of its own. By a resolution backed by two-thirds of members present and voting, it can let Parliament legislate on a State List subject in the national interest (Article 249).
The same majority lets it authorise a new All India Service (Article 312).
In emergencies its distinctive role comes when the Lok Sabha is dissolved: its approval keeps a proclamation in force until 30 days after the new Lok Sabha first sits, and the Lok Sabha must approve it within that time.
Statement 2 can be read two ways. Read as 'Rajya Sabha approval is required', it is true, because both Houses must approve every extension. Read as 'the Rajya Sabha decides the extension', it is false. The key takes the second reading.
Key facts
- Article 249: a Rajya Sabha resolution backed by two-thirds of members present and voting lets Parliament legislate on a State List matter in the national interest.
- An Article 249 resolution remains in force for up to one year and can be renewed, one year at a time.
- A law made under Article 249 ceases to have effect six months after the resolution lapses.
- President's Rule must be approved by both Houses within two months, and each six-month extension needs a fresh resolution of both Houses, up to three years.
Study next
Common traps
- Treating the one-year life of an Article 249 resolution as a cap. It can be renewed, one year at a time.
- Assuming the Rajya Sabha has a special say over emergencies. Its distinctive role arises only when the Lok Sabha is dissolved.
Article 249 is also asked at 17 Sep 2025, 09:00, GA Q.15 (the Article for State List laws in the national interest) and 21 Sep 2025, 09:00, GA Q.16 (which List it covers). The two-month approval of an Article 356 proclamation is asked at 26 Sep 2025, 09:00, GA Q.25.
Related PYQs
No directly related past PYQ was found.