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Constitution of India · Section Article 369

Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

Article 369 — Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

  1. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.—Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—
  • (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;
  • (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court, but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.
  1. Temporary provisions with respect to the State of Jammu and Kashmir.—(1) Notwithstanding anything in this Constitution,—
  • (a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
  • (b) the power of Parliament to make laws for the said State shall be limited to—
  • (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

Plain English Summary

This article gives the Parliament a temporary power to make laws on certain subjects that are normally reserved for the States (State List), treating them as if they were subjects under the Concurrent List. This power is available for a fixed period of five years from the Constitution's commencement.

Key Points

  • Parliament can legislate on specific items like trade, commerce, cotton production, coal, iron, steel, and mica, even if they are listed in the State List.
  • This temporary power lasts for a period of five years from when the Constitution began.
  • The power is exercised as if these subjects were part of the Concurrent List.
  • Laws made under this power will cease to be effective after the five-year period unless they relate to actions taken before that time.

Why It Matters

This provision allows the central government flexibility to regulate certain vital economic and industrial matters quickly, even when those subjects are traditionally the domain of state governments.

Landmark Judgements

No major landmark judgements.

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