Part XI: Legislative Relations

Article 250: Power of Parliament to Legislate During Emergency

Original Article:

(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 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.

Amendments:

1. Inserted "Goods and Services Tax (GST)" by the Constitution (One Hundred and First Amendment) Act, 2016, (w.e.f. 16-9-2016).

Explanations:

Article 250 allows Parliament to legislate on State List subjects during a Proclamation of Emergency. This extraordinary measure ensures a coordinated national response to crises that require uniformity across the country.

Clause (1): Emergency Powers Over State List

Parliament can make laws on any State List subject during an Emergency, enabling the central government to address issues like public health, security, or natural disasters comprehensively.

Clause (2): Sunset Clause

Laws enacted under Article 250 cease to operate six months after the Emergency ends, preserving state autonomy and ensuring that central intervention is temporary.

Real-Life Examples:

During a hypothetical national emergency like a pandemic, Parliament could legislate on healthcare policies across all states to ensure a unified response, temporarily overriding state-specific laws.

Historical Significance:

Article 250 is a constitutional safety valve, designed to empower the central government during crises. Inspired by the Government of India Act, 1935, this provision balances federalism with the need for national unity during emergencies.