Part XI - Relations • Article

Article 249 Simplified: Power of Parliament to legislate with respect to a matter in the State List in the national interest

Article 249 allows Parliament to make laws on a State List subject in the national interest if the Rajya Sabha passes a resolution to that effect by a two-thirds majority of members present and voting. The resolution remains in force for up to one year (but can be extended indefinitely one year at a time), and the resulting laws cease to operate six months after the resolution expires.

Official Text

(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 [goods and services tax provided under article 246A or] 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.

Simple Meaning

Explain Like Ten

Normally, states make rules for things like police or farming. But if the council of states (Rajya Sabha) votes that a topic is super important for the whole country, Parliament can temporarily make a rule for it.

Student Mode

Article 249 enables Parliament to legislate on a State List subject in the national interest. This requires the Rajya Sabha to pass a resolution supported by not less than two-thirds of the members present and voting. Such a resolution remains in force for up to one year, but can be renewed indefinitely for one-year periods.

Example

If there is a severe national security or economic coordination issue, the Rajya Sabha can pass a resolution declaring that agricultural marketing or trade (normally State subjects) needs national regulation. Parliament can then pass a uniform law for the whole country.

Key Takeaway

Article 249 provides a flexible federal mechanism allowing the Union to temporarily legislate on state subjects during non-emergency situations of national importance.

FAQs

What majority is required in the Rajya Sabha under Article 249?

A special majority: not less than two-thirds of the members present and voting.

How long does a law passed under Article 249 remain active after the resolution expires?

The law ceases to have effect six months after the resolution has ceased to be in force.

Quiz

Under Article 249, who must pass the resolution to allow Parliament to legislate on a state subject?

Answer: Rajya Sabha

What is the maximum duration for which a resolution under Article 249 remains in force at a time?

Answer: One year