Part XXI: Temporary, Transitional, and Special Provisions

Article 369: Temporary Power to Parliament

Original Article:

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:

• 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.
• Offenses against laws with respect to any of these matters, jurisdiction and powers of all courts (except the Supreme Court) regarding these matters, and fees related to them, excluding fees taken in court.

Any law made by Parliament under this Article shall cease to have effect after the specified period, except for actions already taken.

Explanations:

Article 369 provides Parliament temporary powers to legislate on certain items in the State List for five years post-independence. This facilitated national uniformity in regulating key resources like textiles, foodstuffs, and minerals during India's transition to stable governance.

Clause-by-Clause Explanation:

Extension of Parliamentary Powers

Article 369 temporarily allowed Parliament to legislate on State List matters, ensuring resource stability for essential sectors like textiles, coal, and food production.

Provision for Offenses and Court Jurisdiction

It permitted Parliament to define offenses, assign court jurisdictions (except the Supreme Court), and regulate fees for these matters, ensuring effective law enforcement.

Expiration of Temporary Provisions

The Article mandated that such laws lapse after five years, maintaining the federal structure by returning these subjects to State control.

Historical Significance:

Post-independence, India faced economic challenges requiring centralized resource management. Article 369 provided legislative flexibility to stabilize key sectors, supporting national recovery and economic growth.

Real-Life Example:

During the 1950s, Parliament used Article 369 to regulate coal distribution, ensuring equitable supply to industries and states, crucial for India's industrial development.

References:

The Constitution of India, Article 369; historical accounts of India's early legislative challenges; and key parliamentary debates from the 1950s.