Article 249 of Indian Constitution: Power of Parliament to legislate with respect to a matter in the State List in the national interest.
Article 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest
249 Article – Constitution Of India
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds 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.
What is Article 249 of Indian Constitution
Article 249 of the Indian Constitution empowers the Rajya Sabha (Council of States) to authorize the Parliament (both Houses – Lok Sabha and Rajya Sabha) to legislate on matters of the State List (List II of the Seventh Schedule) in the interest of the country as a whole during certain circumstances. In simpler terms, Article 249 can be summarized as follows:
- If the Rajya Sabha passes a resolution supported by a two-thirds majority declaring that it is necessary or expedient in the national interest for Parliament to make laws on a subject listed in the State List, Parliament is empowered to legislate on that matter.
- The law passed by Parliament under this provision remains in force as long as the resolution passed by the Rajya Sabha is in effect.
- If the resolution ceases to be in force, the law made by Parliament also ceases to have effect after twelve months, except for actions taken before that period expires.
Article 249 allows for the temporary extension of Parliament’s legislative authority to subjects in the State List, which are primarily within the domain of state legislatures. This provision is used when there is a need for uniformity and national interest in specific matters that would otherwise fall under the exclusive jurisdiction of the states.
Constitution Of India Part 11 Relations Between The Union And The States – Articles 245 to 263
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