Constitution of India · Section Article 249
Power of Parliament to legislate with respect to a matter in the State List in the national interest
Article 249 — Power of Parliament to legislate with respect to a matter in the State List in the national interest
- 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 2[goods and services tax provided under article 246A or] 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.
Plain English Summary
Article 249 allows the Parliament of India to make laws on subjects that are normally under the power of the State governments (listed in the State List) if it is deemed necessary for the entire nation's interest. This power can only be exercised if the Council of States passes a specific resolution supporting this action.
Key Points
- Parliament can legislate on State List matters if the Council of States recommends it is in the national interest.
- This power requires a resolution passed by the Council of States with at least two-thirds of members present and voting.
- The resolution is valid for a maximum period of one year, which can be extended by another year if approved.
- If Parliament makes a law under this provision, it can still be challenged or reviewed based on the initial limitation of competence.
Why It Matters
This article provides a constitutional mechanism to ensure that the central government can take necessary action on crucial national issues, even if those issues fall under state jurisdiction, thereby maintaining national unity and security.
Landmark Judgements
No major landmark judgements.