Article 250 of the Indian Constitution is a crucial provision that alters the normal distribution of legislative powers between the Union and the States during a specific extraordinary situation – the operation of a Proclamation of Emergency under Article 352. It empowers the Union Parliament to legislate on subjects normally reserved exclusively for State Legislatures.
This article represents a significant temporary centralization of legislative authority, allowing the central government through Parliament to address issues across the nation on matters usually outside its direct purview. This power is contingent upon the existence of a National Emergency and is intended to enable the Union to take necessary legislative steps to meet the exigencies arising from the emergency situation.
Original Text
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
(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.
Detailed Explanation
Article 250 fundamentally modifies the legislative scheme laid down in Chapter I of Part XI and the Seventh Schedule of the Constitution when a Proclamation of Emergency under Article 352 is in effect.
Clause (1) grants Parliament overriding power to legislate on any subject listed in List II (State List) of the Seventh Schedule. This power is available for the entire country or any specific part thereof, as deemed necessary by Parliament. This provision operates “notwithstanding anything in this Chapter,” meaning it overrides the normal distribution rules stipulated in Articles 245, 246, and 248 which define the scope of Union and State legislative powers based on the respective lists. Importantly, this power is concurrent; state legislatures do not lose their power to legislate on State List subjects during an emergency, but laws made by Parliament under this article would prevail in case of conflict.
Clause (2) addresses the lifespan of laws enacted by Parliament under the authority of Article 250. Such laws are temporary. They continue to be in force only as long as the Proclamation of Emergency is operational and for a period of six months thereafter. Upon the expiry of this six-month post-emergency period, the law ceases to have effect, but this cessation does not invalidate actions taken or not taken while the law was in force. This ensures that while Parliament gains extraordinary power during an emergency, the normal balance of legislative power is restored within a reasonable timeframe after the emergency ends.
Detailed Notes
- Scope: Empowers Parliament to legislate on any matter in the State List (List II, Seventh Schedule).
- Condition: This power is exercisable only while a Proclamation of Emergency (under Article 352) is in operation.
- Territorial Extent: Laws can be made for the whole or any part of India.
- Override: Operates “notwithstanding anything in this Chapter” (Chapter I of Part XI), overriding the normal distribution of legislative powers.
- Concurrency: State Legislatures retain their power to legislate on State List subjects during an emergency, but Union laws under Article 250 prevail in case of repugnancy.
- Temporary Nature: Laws made under this article are temporary.
- Duration: Such laws cease to have effect six months after the Proclamation of Emergency ceases to operate.
- Savings Clause: The cessation of the law does not affect things done or omitted to be done while the law was in force.
- Purpose: Enables the Union to take legislative action on state subjects to effectively handle the situation arising from the emergency.
- Relation to Emergency: Directly linked to the declaration and operation of a National Emergency under Article 352.
Additional Comments
- This article provides a significant instance of the Constitution’s tilt towards centralisation during emergencies, allowing Parliament to overcome the usual constraints of the federal structure regarding legislative competence.
- The six-month period after the emergency ceases is a transition period, allowing for the necessary adjustments or for state legislatures to enact their own laws if needed.
- The power under Article 250 is activated by the declaration of a National Emergency (Article 352) and not a State Emergency (Article 356) or Financial Emergency (Article 360).
- The prevalence of Parliament’s law over a state law on the same State List subject during an emergency, though not explicitly stated as an Article 254-like provision within Article 250, is implied by the overriding nature of the power granted during such extraordinary times.
Summary
Article 250 grants Parliament the power to make laws regarding any matter in the State List when a Proclamation of Emergency is in effect. This power extends to the whole or any part of India, overriding the normal legislative division of powers. Laws made under this provision are temporary, ceasing to be effective six months after the emergency ends, though actions taken under such laws remain valid. This article allows the Union Parliament to legislate on state subjects to effectively manage the situation during a national emergency.