Part XI: Legislative Relations

Article 249: Power of Parliament to Legislate on State List

Original Article:

(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.

Amendments:

1. Goods and Services Tax (GST) was included in Article 249 by the Constitution (One Hundred and First Amendment) Act, 2016, (w.e.f. 16-9-2016).

Explanations:

Article 249 empowers Parliament to legislate on matters in the State List if deemed necessary in the national interest. This requires a resolution by the Rajya Sabha with a two-thirds majority, ensuring that this power is used only in exceptional circumstances.

Clause (1): National Interest and Parliamentary Authority

Parliament can legislate on State List matters if the Rajya Sabha passes a resolution specifying the necessity for national interest. This clause ensures a unified approach to pressing national issues.

Clause (2): Duration of Resolution

Resolutions under Article 249 are valid for a maximum of one year but can be extended annually by similar resolutions, maintaining a balance between temporary central intervention and state autonomy.

Clause (3): Cessation of Laws

Laws made under this provision cease to have effect six months after the resolution expires, ensuring a return to normalcy in legislative powers.

Real-Life Examples:

During emergencies like the COVID-19 pandemic, Parliament could legislate on healthcare (a State List subject) under Article 249 to implement a unified national response.

Historical Significance:

Article 249 reflects the need for centralized action in matters of national interest while preserving the federal structure. It has rarely been invoked, emphasizing its use only in extraordinary situations.