What is Article 369 of Indian Constitution – Defination & Meaning

Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
📅 Part XXI – Temporary, Transitional and Special Provisions
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Article Number

369

part

Part XXI – Temporary, Transitional and Special Provisions

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Active

Bare Acts Text

Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

  • Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—
    • (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;
    • (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court,
  • but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.
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Full Definition & Explanation

Article 369 grants temporary powers to the Indian Parliament to legislate on certain matters that are usually under the jurisdiction of state governments. This power was designed to facilitate uniformity in laws related to trade, commerce, and specific goods like textiles and foodstuffs across the country. It allows Parliament to intervene in state matters for a limited time, which was initially set for five years from the commencement of the Constitution. This temporary measure aimed to create a coherent legal framework during the formative years of independent India. The article specifically mentions various commodities, such as cotton, coal, and foodstuffs, where Parliament can legislate as if these matters were part of the Concurrent List. The Concurrent List allows both Parliament and state legislatures to make laws on a subject, providing flexibility in governance. However, it’s key to note that laws made under this article will cease to be effective after the five-year period unless they are continued or amended by future legislation. This provision ensures that Parliament’s legislative power is not permanent but is a response to specific needs of the time. The impact of Article 369 can be seen in how it enabled the central government to take necessary actions during a period of transition. It helped prevent legal confusion and provided a platform for economic development. For instance, during the early years, managing trade and commerce regulations was necessary for growth. Thus, Article 369 played a major role in establishing a framework that supported economic activities and protected the interests of consumers across states, which was key for integrating India’s diverse economy.

Historical Context

This power was designed to facilitate uniformity in laws related to trade, commerce, and specific goods like textiles and foodstuffs across the country. It allows Parliament to intervene in state matters for a limited time, which was initially set for five years from the commencement of the Constitution. This temporary measure aimed to create a coherent legal framework during the formative years of independent India. The article specifically mentions various commodities, such as cotton, coal, and foodstuffs, where Parliament can legislate as if these matters were part of the Concurrent List.

Key Features

– Parliament can legislate on specific state matters temporarily.
– It focuses on trade, commerce, and certain goods like textiles.
– The temporary power is valid for five years from 1950.
– Laws made under this article will expire after five years.
– It allows for a unified legal framework across states.

Importance & Impact

– Enables Parliament to create uniform laws for specific commodities
– Helps maintain consistency in trade regulations across states
– Provides a mechanism for addressing immediate governance challenges
– Supports economic integration in the early years of independence
– Allows for legal clarity in matters between states and the center.

Sample UPSC Question

Which of the following statements about Article 369 of the Indian Constitution is correct? Consider that: Article 369 grants temporary powers to the Indian Parliament to legislate on certain matters that are usually under the jurisdiction of state governments in the context of Article 369. A) It permanently empowers Parliament to legislate on state matters. B) It was introduced in the 42nd Amendment. C) Its provisions are applicable only to the Supreme Court. D) It allows Parliament to legislate on certain state matters temporarily. Choose the correct answer.

Answer

The correct answer is D. Article 369 allows Parliament to legislate temporarily on specific matters usually managed by states. This provision was meant to create a uniform legal framework during the early years of India. Article 369 grants temporary powers to the Indian Parliament to legislate on certain matters that are usually under the jurisdiction of state governments.

Key Takeaways

✓ Parliament’s power under Article 369 is temporary
✓ It covers specific commodities like cotton and coal.
✓ Laws made under it last for five years.
✓ Uniformity in state laws was a goal of this article.
✓ It helped integrate India’s economy post-independence

FAQs

Article 369 grants temporary powers to the Indian Parliament to legislate on certain matters that are usually under the jurisdiction of state governments. This power was designed to facilitate uniformity in laws related to trade, commerce, and specific goods like textiles and foodstuffs across the country. It allows Parliament to intervene in state matters for a limited time, which was initially set for five years from the commencement of the Constitution.

However, it’s key to note that laws made under this article will cease to be effective after the five-year period unless they are continued or amended by future legislation. This provision ensures that Parliament’s legislative power is not permanent but is a response to specific needs of the time. The impact of Article 369 can be seen in how it enabled the central government to take necessary actions during a period of transition.

It helped prevent legal confusion and provided a platform for economic development. For instance, during the early years, managing trade and commerce regulations was necessary for growth. Thus, Article 369 played a major role in establishing a framework that supported economic activities and protected the interests of consumers across states, which was key for integrating India’s diverse economy.

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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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