What is Article 249 of Indian Constitution – Defination & Meaning

Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest (1) Notwithstanding anything in the
📅 Part XI – Relations Between the Union and the States
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Article Number

249

part

Part XI – Relations Between the Union and the States

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Active

Bare Acts Text

Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest

  • (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 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.
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Full Definition & Explanation

Article 249 of the Indian Constitution grants Parliament the power to legislate on matters in the State List when there is a national interest involved. This means that if the Council of States, which is also known as the Rajya Sabha, passes a resolution with at least two-thirds support from its members present and voting, Parliament can create laws for the entire country or part of it regarding the specified matter. This provision is particularly key for situations where state-level governance may not suffice to address urgent national issues, allowing the central government to take necessary action swiftly. For example, if a natural disaster occurs in multiple states, Parliament can legislate to ensure a coordinated national response. This article helps maintain a balance between state autonomy and the need for a unified national approach. However, the resolution passed under this article is temporary and can last for a maximum of one year, but it can be renewed if the need persists. This mechanism ensures that the central authority does not overstep its bounds unnecessarily and that states retain their legislative powers when national interests do not require intervention. Additionally, Article 249 ensures that laws made under this provision will only be effective as long as the resolution is in force. If the resolution expires, the law will cease to have effect after six months, except for actions taken during its validity. This safeguard promotes accountability and prevents the misuse of this legislative power. Overall, Article 249 is a key tool for maintaining the integrity of India’s federal structure while addressing pressing national needs.

Historical Context

This means that if the Council of States, which is also known as the Rajya Sabha, passes a resolution with at least two-thirds support from its members present and voting, Parliament can create laws for the entire country or part of it regarding the specified matter. This provision is particularly key for situations where state-level governance may not suffice to address urgent national issues, allowing the central government to take necessary action swiftly. For example, if a natural disaster occurs in multiple states, Parliament can legislate to ensure a coordinated national response. This article helps maintain a balance between state autonomy and the need for a unified national approach.

Key Features

– Parliament can legislate on state matters if declared necessary by the Rajya Sabha.
– A resolution requires a two-thirds majority of members present and voting.
– The resolution can be valid for up to one year, with possible renewals.
– Laws made under this article cease to exist six months after resolution expiry.
– This article balances state autonomy with national legislative needs.

Importance & Impact

– Enables central government to address urgent national issues effectively
– Supports coordinated responses during disasters or emergencies across states
– Ensures state powers are intact unless a national interest is declared.
– Promotes accountability by limiting the duration of legislative powers
– Encourages collaboration between state and central governments

Sample UPSC Question

Consider the following statements regarding Article 249 of the Indian Constitution: 1. It allows Parliament to legislate on state matters in national interest. 2. A resolution can remain in force for a maximum of three years. 3. Laws made under this article cease to exist after six months if the resolution expires. Which of the statements is/are correct? A) 1 only B) 1 and 3 only C) 2 and 3 only D) 1, 2 and 3.

Answer

The correct answer is B) 1 and 3 only. Article 249 allows Parliament to legislate on state matters in national interest, but a resolution can last a maximum of one year, not three. Article 249 of the Indian Constitution grants Parliament the power to legislate on matters in the State List when there is a national interest involved.

Key Takeaways

✓ Article 249 allows Parliament to legislate on state matters for national interest.
✓ A two-thirds majority is required for the Rajya Sabha resolution.
✓ The resolution can last for one year, with renewal options.
✓ Laws made will expire six months after the resolution ends.
✓ This article balances state rights with national legislative needs.

FAQs

Article 249 of the Indian Constitution grants Parliament the power to legislate on matters in the State List when there is a national interest involved. This means that if the Council of States, which is also known as the Rajya Sabha, passes a resolution with at least two-thirds support from its members present and voting, Parliament can create laws for the entire country or part of it regarding the specified matter. This provision is particularly key for situations.

However, the resolution passed under this article is temporary and can last for a maximum of one year, but it can be renewed if the need persists. This mechanism ensures that the central authority does not overstep its bounds unnecessarily and that states retain their legislative powers when national interests do not require intervention. Additionally, Article 249 ensures that laws made under this provision will only be effective as long as the resolution is in force.

If the resolution expires, the law will cease to have effect after six months, except for actions taken during its validity. This safeguard promotes accountability and prevents the misuse of this legislative power. Overall, Article 249 is a key tool for maintaining the integrity of India’s federal structure while addressing pressing national needs.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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