📜 Article 250 of the Indian Constitution
Title: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
Part XI – Relations Between the Union and the States
Chapter I – Legislative Powers
🔹 Text Summary of Article 250:
While a National Emergency (under Article 352) is in operation, the Parliament has the power to make laws on any subject in the State List, for the whole or any part of India.
🧠 Clause-by-Clause Breakdown:
| 🔢 Clause |
📘 Provision |
| (1) |
While a Proclamation of Emergency is in force, Parliament may make laws on any matter in the State List. |
| (2) |
Such laws shall cease to have effect six months after the Emergency ends, but this does not invalidate anything already done under the law while it was active. |
📌 Key Features of Article 250:
| 🔍 Feature |
✅ Details |
| 🏛️ Who gets the power? |
Parliament (Union) |
| ⚠️ Condition to activate |
Must be a valid National Emergency (under Article 352) |
| 🧾 Lawmaking Scope |
Any subject in the State List |
| 📅 Duration |
Till Emergency lasts + 6 months after |
| ⚖️ Effect on States |
Parliament law overrides State laws on the same subject |
| 🔄 After Emergency ends |
Law becomes inactive after 6 months, unless re-enacted under normal provisions |
🧪 Example Use Cases of Article 250:
| 📝 Situation |
🟢 Parliament Action |
| National security law affecting police powers |
✅ Can legislate during Emergency |
| Control over public health (State subject) during pandemic |
✅ Allowed under Article 250 |
| Emergency in financial stability affecting agriculture |
✅ Parliament can legislate on agriculture temporarily |
🔁 Related Articles:
| 🔢 Article |
📘 Subject |
| 352 |
National Emergency |
| 249 |
Union power on State List in national interest (via Rajya Sabha) |
| 252 |
Parliament legislates at request of 2+ states |
| 254 |
Conflict between Union & State law |
🧠 In Simple Words:
Article 250 allows Parliament to temporarily legislate on State List subjects during a National Emergency.
These laws automatically expire six months after the emergency ends, unless re-enacted.
Here's a 📊 Comparison Chart of Articles 249, 250, and 252 of the Indian Constitution — focusing on Parliament’s power to legislate on State List subjects under different conditions:
🏛️ Comparison: Article 249 vs Article 250 vs Article 252
| 🔢 Feature |
🟦 Article 249 |
🟥 Article 250 |
🟩 Article 252 |
| 📘 Title |
Parliament can legislate on State List in national interest |
Parliament can legislate on State List during Emergency |
Parliament can legislate on State List on states’ request |
| 🏛️ Initiated By |
Rajya Sabha (2/3rd majority resolution) |
President (by declaring National Emergency under Article 352) |
Two or more State Legislatures |
| 🗳️ Voting Requirement |
2/3rd majority of members present and voting in Rajya Sabha |
No voting required; activated by emergency |
Simple majority in requesting State Assemblies |
| 📚 Subjects Covered |
Any matter in the State List |
Any matter in the State List |
Only specified matters in the resolution |
| 🕒 Duration of Parliament's Power |
Valid for 1 year from date of Rajya Sabha resolution (renewable) |
Valid during Emergency + 6 months after it ends |
Indefinite (until repealed by Parliament) |
| ⚖️ Applicable To All States? |
✅ Yes |
✅ Yes |
❌ No, applies only to requesting states |
| 🧾 Can States Repeal the Law? |
❌ No |
❌ No |
❌ States cannot repeal, but Parliament can amend/repeal it |
| 🧠 Purpose |
Address national interest issues that may involve state subjects |
Ensure quick legislative action during crisis/emergency |
Create uniform laws where multiple states agree |
| 🧪 Example Use |
Cybersecurity law needed across states |
Controlling public order during war or external aggression |
Uniform civil code or contract law for certain states |
🧠 In Simple Words:
| 📝 Article |
💡 Used When |
| 249 |
Rajya Sabha decides national interest requires central law on state subjects |
| 250 |
Emergency declared → Parliament can act on state subjects |
| 252 |
States request Parliament to make a common law |
🔁 Related Articles for Context:
| Article |
Subject |
| 245 |
Territorial limits of legislative power |
| 246 |
Division of legislative subjects |
| 254 |
Conflict resolution: Union vs State law |
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