Article 249(1) provides, in substance, that notwithstanding the foregoing provisions of the Chapter, where the Council of States declares by a 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 a matter enumerated in the State List specified in the resolution, Parliament may legislate on that matter for the whole or any part of the territory of India while the resolution remains in force.
Articles 249 and 250 of the Constitution of India: Parliament's Power over State List Matters
Articles 249 and 250 of the Constitution of India create important exceptions to the ordinary distribution of legislative powers between Parliament and the State Legislatures. Article 249 permits Parliament to legislate in the national interest after the Council of States passes the constitutionally required resolution, while Article 250 operates when a Proclamation of Emergency is in operation.
Article 249 is based on a resolution of the Council of States declaring that legislation by Parliament is necessary or expedient in the national interest. Article 250 gives Parliament temporary legislative power during the operation of a Proclamation of Emergency.
Constitutional Framework of Articles 249 and 250
Part XI of the Constitution deals with relations between the Union and the States. Chapter I of Part XI concerns legislative relations. The normal distribution of legislative subjects is principally governed by Articles 245, 246 and 246A read with the Seventh Schedule.
The Seventh Schedule contains the Union List, State List and Concurrent List. As a general constitutional rule, matters in the State List fall within the legislative field of the States, subject to the provisions of the Constitution. Articles 249 and 250 are special constitutional provisions under which Parliament may legislate in fields that would otherwise fall within the State legislative sphere.
The State List is List II of the Seventh Schedule to the Constitution. It contains subjects in respect of which State Legislatures ordinarily exercise legislative power, subject to the Constitution.
Article 249 - Power of Parliament to Legislate in the National Interest
Article 249 is titled "Power of Parliament to legislate with respect to a matter in the State List in the national interest." It enables Parliament to enter a legislative field that would ordinarily be within State competence when the constitutional requirements of Article 249 are satisfied.
Article 249(1): Resolution of the Council of States
The Council of States is the Rajya Sabha. The special role given to the Rajya Sabha under Article 249 reflects its constitutional position in the federal structure.
Major requirements of Article 249(1)
For Article 249 to operate, the Rajya Sabha must adopt the required resolution; the resolution must receive the support of not less than two-thirds of the members present and voting; it must declare that parliamentary legislation is necessary or expedient in the national interest; and the legislative matter must be identified in the resolution.
Article 249(2): Duration of the Resolution
A resolution passed under Article 249(1) remains in force for the period specified in it, but that period cannot exceed one year.
Its operation may be continued for a further period of one year at a time if another resolution approving its continuance is passed in the manner required by Article 249(1).
Accordingly, the power is not based on an indefinite authorization. Continuation requires the constitutional procedure to be followed again.
Article 249(3): Effect after the Resolution Ends
A parliamentary law that Parliament would not have been competent to enact but for the Article 249 resolution ceases, to the extent of that legislative incompetency, to have effect six months after the resolution ceases to be in force.
This does not affect things done or omitted to be done before the expiration of that six-month period.
Article 249 therefore creates an exceptional and time-linked enlargement of Parliament's legislative competence. The law does not necessarily cease on the same day as the Rajya Sabha resolution; Article 249(3) provides the additional six-month period described above.
Article 250 - Parliament's Power during a Proclamation of Emergency
Article 250 is titled "Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation."
Unlike Article 249, the operation of Article 250 does not depend on a national-interest resolution of the Rajya Sabha. Its operation is linked to a Proclamation of Emergency being in force.
Article 250(1): Legislative Power during Emergency
While a Proclamation of Emergency is in operation, Parliament has power to make laws for the whole or any part of the territory of India with respect to goods and services tax provided under Article 246A or any matter enumerated in the State List.
Article 250 therefore temporarily enlarges Parliament's legislative competence during the constitutional emergency period.
What is a Proclamation of Emergency?
For the purpose of Article 250, the relevant constitutional emergency is a Proclamation of Emergency under Article 352 of the Constitution. Article 352 contains the constitutional framework governing a Proclamation of Emergency where the security of India or any part of its territory is threatened by war, external aggression or armed rebellion, subject to the requirements and safeguards contained in that Article.
Article 250(2): Effect after Emergency Ends
A law made by Parliament which Parliament would not have been competent to enact but for the Proclamation of Emergency ceases, to the extent of the legislative incompetency, to have effect six months after the Proclamation has ceased to operate.
Things done or omitted to be done before the expiration of that six-month period are preserved.
Difference between Articles 249 and 250
| Point | Article 249 | Article 250 |
|---|---|---|
| Basis of power | National-interest resolution of the Rajya Sabha | Operation of a Proclamation of Emergency |
| Rajya Sabha resolution | Required | Not required under Article 250 |
| Voting requirement | Not less than two-thirds of members present and voting | Article 250 itself does not prescribe such a resolution |
| Legislative field | GST under Article 246A or State List matter specified in the resolution | GST under Article 246A or matters in the State List |
| Territorial operation | Whole or any part of India | Whole or any part of India |
| Duration of special authority | Linked to the Article 249 resolution | Linked to the operation of the Proclamation of Emergency |
| Six-month rule | Applicable after the resolution ceases to be in force | Applicable after the Proclamation ceases to operate |
Relationship with Article 251
Article 251 is important when considering laws enacted under Articles 249 and 250. It makes clear that Articles 249 and 250 do not prevent a State Legislature from making a law which it is otherwise constitutionally competent to make.
However, where a provision of a State law is repugnant to a provision of a parliamentary law which Parliament has power to make under Article 249 or Article 250, the parliamentary law prevails. The State law is inoperative to the extent of the repugnancy for so long as the parliamentary law continues to have effect.
Why Articles 249 and 250 are Important
Articles 249 and 250 form part of the Constitution's mechanism for accommodating exceptional national legislative requirements within India's federal structure. They do not generally transfer State List subjects permanently to Parliament. Instead, they confer constitutionally defined legislative competence in the circumstances and for the periods contemplated by the respective Articles.
Article 249 addresses a situation in which the Rajya Sabha determines, by the constitutionally prescribed majority, that parliamentary legislation is necessary or expedient in the national interest. Article 250 addresses the distinct situation in which a Proclamation of Emergency is operating.
Official Constitutional Resources
This article is intended as a general explanation of the constitutional provisions. For authoritative wording and the latest constitutional text, readers should consult the official Constitution of India published by the Government of India.