What is Article 249 of Indian constitution

www.hinsoli.com July 05, 2025

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(3)	Law made under this provision continues to be valid even after the resolution expires, unless repealed or amended by Parliament.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