📜 Article 249 of the Indian Constitution
Title: Power of Parliament to legislate with respect to a matter in the State List in the national interest
Part XI – Relations Between the Union and the States
Chapter I – Legislative Powers
🔹 Text Summary of Article 249:
Parliament can make laws on a subject in the State List if the Rajya Sabha passes a resolution (by special majority) that it is necessary in the national interest.
🧠 Clause-by-Clause Breakdown:
| 🔢 Clause |
📘 Provision |
| (1) |
If the Rajya Sabha (Upper House) passes a resolution by 2/3rd majority of members present and voting, declaring it is necessary in the national interest that Parliament should make laws on a matter in the State List, then Parliament gets the power to legislate on that subject. |
| (2) |
Such a law will remain in force for a maximum of 1 year from the date the resolution is passed (can be renewed). |
| (3) |
Law made under this provision continues to be valid even after the resolution expires, unless repealed or amended by Parliament. |
📌 Key Points:
| 🔍 Feature |
✅ Details |
| 🏛️ Who initiates the process? |
Rajya Sabha (Council of States) |
| 🗳️ Voting requirement |
2/3rd majority of members present and voting |
| 📚 Subject matter |
Any subject in the State List |
| 📅 Duration of power |
Valid for 1 year (can be renewed for another year) |
| ⚖️ Binding on States? |
Yes, if Parliament passes such a law |
| 🧭 Justification needed? |
Must be in the national interest |
🧪 Example Use Cases of Article 249:
| 📝 Scenario |
🟢 Possible Use Under Article 249 |
| Internal security crisis across states |
✅ Yes |
| National health emergency (e.g., pandemic) |
✅ Yes |
| Managing interstate water disputes |
✅ Yes |
| State police reforms (if needed nationally) |
✅ Yes |
🔁 Related Articles:
| 🔢 Article |
📘 Subject |
| 245 |
Territorial extent of laws |
| 246 |
Distribution of legislative subjects |
| 248 |
Residuary powers of Parliament |
| 250 |
Union’s power to legislate during emergency |
| 252 |
Parliament legislates on state request |
🧠 In Simple Words:
Article 249 allows Parliament to temporarily step into State List territory, if the Rajya Sabha agrees that it’s in the national interest.
Here is a 📊 Comparison Chart of Articles 249, 250, and 252 of the Indian Constitution – all of which allow Parliament to make laws on State List subjects under special circumstances.
🏛️ Articles 249 vs 250 vs 252 – Union's Power Over State List
| 🔢 Feature |
🟦 Article 249 |
🟥 Article 250 |
🟩 Article 252 |
| 📘 Title |
Parliament’s power to legislate on State List in national interest |
Parliament’s power to legislate on State List during a national emergency |
Parliament’s power to legislate for two or more states with their consent |
| 🏛️ Initiating Authority |
Rajya Sabha (Upper House) |
Proclamation of Emergency (Article 352) |
State Legislatures (2 or more) request Parliament |
| 🗳️ Voting Requirement |
2/3rd majority in Rajya Sabha |
No voting needed – triggered automatically by Emergency |
Simple majority in each State Assembly involved |
| 📚 Subject of Law |
Any matter in State List |
Any matter in State List |
Specific matter in State List as agreed by states |
| 📅 Duration of Power |
1 year (can be extended by 1 year per resolution) |
Valid during Emergency + 6 months after it ends |
Valid permanently unless repealed by Parliament |
| ⚖️ Binding on States? |
Yes, for all states |
Yes, for all states |
Yes, but only for consenting states |
| 🔄 Repeal by States? |
❌ No |
❌ No |
✅ States cannot repeal, but Parliament can repeal or amend |
| 🧠 Purpose |
To address issues of national importance not covered by Centre |
To respond to emergency situations affecting the nation |
To create uniform laws across specific willing states |
| 🧪 Examples |
Cybersecurity law in national interest |
National security, pandemic, disaster management |
Uniform Contract Labour Law in multiple states |
🧠 Quick Summary:
| 📝 Article |
💡 Used When |
| 249 |
Rajya Sabha thinks a State List matter needs national law |
| 250 |
Emergency declared (Article 352) |
| 252 |
States themselves request Parliament to legislate |
🔁 Related Articles:
| 🔢 Article |
Topic |
| 246 |
Division of subjects into Union, State, Concurrent |
| 254 |
Union vs State law conflict (Concurrent List) |
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