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Prabhjeet Singh (Software Engineer)     11 December 2011

Transfer of subject in state list to union list

Suppose a subject in State list is to be declared as a subject of national importance. What is the procedure for that??

And only Rajya Sabha can do this or Lok Sabha also has the power in this regard??



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 6 Replies

Shailesh Kr. Shah (Advocate)     11 December 2011

It is not easy task as you stated. there is a long procedure for such amendments.

Prabhjeet Singh (Software Engineer)     11 December 2011

Rajya Sabha can do this by passing a resolution to the same. I just wanted to know whether Lok Sabha has the power in this regard or not??

Dr J C Vashista (Advocate)     11 December 2011

Constitutional amendment is required to transfer any entry/subject from its State List to Union List.

Prabhjeet Singh (Software Engineer)     11 December 2011

I read this on the net "Rajya Sabha being a federal chamber - representing States/Union territories, enjoys certain special powers:  (i) to empower Parliament to make laws in respect of any matter enumerated in the State List in the national interest by adopting a resolution to this effect (article 249)"

But as u said that constitutional amendment is required for this but a constitutional amendment has to be passed by both the houses. So I think this procedure is different from that.

Plz share your views.

Arup (UNEMPLOYED)     13 December 2011

Constitutional amendment not required. RESOLUTION PASSED BY 2/3 RD MAJORITY AT RAJYA SABHA IS REQUIRED. Parliament consist of Loksabha, Rajyasabha and the President. Resolution (the primary initiation) to be passed firstly by rajyasabha, thereafter loksabha and president will active. Please go through the following:

C.O.I. - RELATIONS BETWEEN THE UNION AND THE STATES: CHAPTER I.—LEGISLATIVE RELATIONS: Distribution of Legislative Powers: Arts 245 to 254.

Art. 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.—(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.

(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.

(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

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Prabhjeet Singh (Software Engineer)     13 December 2011

Yeah I am getting the view that the resolution by Rajya Sabha which you just mentioned is fro temporary transfer i.e 1 year.

But for permanent transfer we require constitutional amendment.

Please rectify if I am wrong.


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