Constitution of India · Section Article 250
Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
Article 250 — Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
- Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.—(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to 1[goods and services tax provided under article 246A or] any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency 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 Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
Plain English Summary
This article gives the Parliament the power to make laws for the entire country (or parts of it) on subjects listed in the State List, even if those subjects normally belong to the states. This special power is activated only when a Proclamation of Emergency is in effect. If such a law is made during an emergency, it can remain valid for a limited time after the emergency ends.
Key Points
- Parliament can legislate on matters in the State List during a Proclamation of Emergency.
- This power overrides normal rules regarding the division of legislative powers between the Union (Parliament) and the States.
- The power is conditional: it only applies when a Proclamation of Emergency is operational.
- Laws made under this power can remain in effect for six months after the emergency ends, unless they deal with actions taken before that period.
Why It Matters
This provision allows the central government to quickly enact necessary laws across India on critical issues during a national emergency, bypassing usual state-level legislative procedures.
Landmark Judgements
No major landmark judgements.