Article 249 is a pivotal provision within the Indian Constitution that introduces an exception to the normal distribution of legislative powers between the Union and the States. It empowers the Parliament to make laws on subjects enumerated in the State List under specific circumstances deemed to be in the “national interest,” thereby providing flexibility to the federal structure.
This article underscores the role of the Rajya Sabha, the Council of States, as a guardian of state interests while simultaneously allowing the Union Parliament to address matters of national significance that might otherwise fall exclusively within the legislative domain of individual states. It balances the principle of state autonomy with the need for national cohesion and coordinated action.
Original 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 national interest that Parliament should make laws with respect to any of the matters 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 a resolution passed under clause (1) is passed in the manner provided in that clause, a resolution under this clause shall continue in force for a further period not exceeding 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:
Provided that the period may be extended by a further resolution passed in the manner provided in clause (2).
Detailed Explanation
Article 249 provides a mechanism for the Union Parliament to encroach upon the legislative domain exclusively reserved for the States under the normal distribution of powers (contained in the Seventh Schedule, List II - State List). This power is not arbitrary but is subject to strict conditions and is temporary in nature.
- Triggering Mechanism: The power is triggered by the Council of States, i.e., the Rajya Sabha. This highlights the federal character of this provision, as the Rajya Sabha represents the states.
- Condition: The Rajya Sabha must declare by a resolution that “it is necessary or expedient in the national interest” for Parliament to legislate on a specific matter in the State List. The term “national interest” is not defined, leaving it to the collective wisdom of the Rajya Sabha.
- Special Majority: The resolution must be supported by a special majority – not less than two-thirds of the members of the Rajya Sabha present and voting. This high threshold ensures that there is broad consensus among the representatives of the states before Parliament assumes this power.
- Effect of the Resolution: Once such a resolution is passed, Parliament becomes competent to make laws on the specified matter in the State List for the whole or any part of India. This is an addition to Parliament’s normal legislative powers.
- Duration of the Resolution: A resolution passed under Article 249(1) remains in force for a period specified in the resolution, which cannot exceed one year.
- Extension of Resolution: The resolution can be continued in force for further periods, each not exceeding one year, by passing a subsequent resolution in the same manner (two-thirds majority of members present and voting).
- Duration of Parliamentary Law: A law made by Parliament under the authority of such a resolution will ordinarily cease to have effect on the expiration of six months after the resolution itself has ceased to be in force. However, the period of the law’s operation can be extended by a further resolution passed in the manner prescribed.
- Supremacy of Parliament’s Law: While the parliamentary law is in force under this article, any state law on the same matter will be repugnant to the extent of the parliamentary law. Once the parliamentary law ceases to have effect, the state law on the same matter would revive or become operational again.
This mechanism allows the Union to respond to emergent situations or address issues of nationwide concern that might otherwise be stalled due to states’ exclusive legislative competence, while ensuring that the power is exercised with the consent of the states through their representation in the Rajya Sabha and is time-bound.
Detailed Notes
- Article 249 provides an exception to the normal distribution of legislative powers under the Seventh Schedule.
- It allows Parliament to legislate on subjects listed in the State List (List II).
- The power is triggered by a resolution passed by the Council of States (Rajya Sabha).
- The resolution must declare that it is necessary or expedient in the national interest.
- The resolution requires a special majority: supported by not less than two-thirds of the members of Rajya Sabha present and voting.
- The resolution specifies the matter in the State List on which Parliament is to legislate.
- While the resolution is in force, Parliament gains competence to make laws on that specific State List matter for the whole or any part of India.
- The duration of a single resolution is limited to a maximum period of one year.
- A resolution can be extended for successive periods, each not exceeding one year, by passing fresh resolutions in the same manner.
- A law made by Parliament under Article 249(1) remains in force as long as the resolution is operative and for a further period of six months after the resolution has ceased to be in force.
- The six-month post-resolution period can also be extended by a further resolution.
- If a State law exists on the same matter, the Parliamentary law made under Article 249 will prevail to the extent of inconsistency while it is in force.
- Once the Parliamentary law ceases to have effect (after the resolution expires plus six months or extended period), the State law on that matter would again become operative.
- This article is located in Part XI of the Constitution, dealing with relations between the Union and the States.
- It is one of the provisions (like Articles 250, 252, 253) that allows Parliament to legislate on State List subjects under specific circumstances.
- Unlike Article 250 (Proclamation of Emergency), Article 249 does not require a national emergency.
- Unlike Article 252 (legislation by consent of states), it does not require the consent of two or more states.
- Unlike Article 253 (implementation of international treaties), the purpose is declared as “national interest”.
Additional Comments
- Article 249 is a crucial provision illustrating the flexible nature of India’s federal structure, allowing the Union to address nationwide concerns on state subjects when deemed essential for national interest, but under specific checks and balances.
- The requirement of a two-thirds majority in the Rajya Sabha ensures that states, through their representatives, have a significant say in allowing Parliament to legislate on their exclusive domain. It acts as a safeguard against potential central overreach.
- The temporary nature of both the resolution (max 1 year at a time) and the resultant law (expires 6 months after resolution ceases) underscores that this is an extraordinary power meant for specific circumstances, not a permanent shift of legislative competence.
- This article is distinct from other provisions enabling parliamentary legislation on the State List, such as Article 250 (during National Emergency), Article 252 (by consent of states), and Article 253 (to implement international treaties or agreements). Each has a different trigger and purpose.
- While the term “national interest” is not defined, its interpretation rests with the Rajya Sabha, subject potentially to judicial review on grounds of mala fide exercise of power or irrelevance of the matter to national interest.
- The mechanism provided by Article 249 has been used sparingly since the adoption of the Constitution, reflecting its intended use for specific, time-bound exigencies.
Summary
Article 249 of the Indian Constitution empowers the Union Parliament to legislate on any matter enumerated in the State List. This power can be exercised only if the Rajya Sabha passes a resolution supported by a special majority (two-thirds of members present and voting), declaring that it is necessary or expedient in the national interest for Parliament to do so. Such a resolution is valid for a maximum of one year but can be extended by subsequent resolutions. Any law made by Parliament under this provision on a State List subject remains in force while the resolution is active and for a period of six months thereafter, unless extended. This provision provides a mechanism for the central government to address matters of national importance that fall within the states’ legislative domain, while ensuring checks through the Rajya Sabha and limiting the duration of such intervention.