Article 249 of Constitution of India – Power of Parliament to legislate with respect to a matter in the State List in the national interest.
Article 249 of Constitution of India deals with Power of Parliament to legislate with respect to a matter in the State List in the national interest.
Original Text of Article 249 of 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 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 2[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.
Questions related to Article 249 of Constitution of India
Article 249 allows Parliament to make laws on subjects from the State List if the Rajya Sabha passes a resolution stating that it is necessary in the national interest, as per the Constitution of India.
Parliament can do so if the Rajya Sabha approves the resolution with a two-thirds majority present and voting, allowing it to legislate for the whole or any part of India, under the Articles of Indian Constitution.
The law is valid for 1 year from the date the Rajya Sabha resolution is passed. However, it can be extended by another year if the resolution is passed again, as explained in several cases on Indian Kanoon.
Article 249 ensures that in situations of national importance, Parliament can override the normal division of powers to ensure uniformity and national interest across states, as framed under the Indian Constitution.
You can explore Indian Kanoon for detailed case laws, constitutional interpretations, and real-life applications of Article 249 of the Indian Constitution.
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