Actual Article
Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest
- 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.
- 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 under clause (1), such resolution shall continue in force for a further period of one year from the date on which it would otherwise have ceased to be in force, but no such resolution shall in any case remain in force for more than three years.
- 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.
UPSC Notes for Article 249
Explanation:
- Legislation in National Interest: Article 249 allows Parliament to legislate on matters in the State List if the Rajya Sabha (Council of States) passes a resolution by a two-thirds majority, declaring it necessary or expedient in the national interest.
- Duration and Extension: The resolution remains in force for up to one year, but it can be extended for additional periods of one year each, not exceeding three years in total.
- Cessation of Law: Any law made under this provision ceases to have effect six months after the resolution expires unless renewed.
Key Points:
- Extraordinary Legislative Power: This article provides Parliament with the power to legislate on state matters in exceptional circumstances, ensuring national interest is prioritized.
- Checks and Balances: The requirement of a two-thirds majority in the Rajya Sabha and the limited duration of such resolutions ensure that this power is exercised judiciously and with significant consensus.
- Temporary Nature: Laws made under this provision are temporary and cease to exist unless the resolution is extended, ensuring they address only urgent and national issues without permanently infringing on state powers.
Important Cases and Commissions Related to Article 249
Cases:
- State of Rajasthan vs. Union of India (1977): The Supreme Court upheld the principle that Parliament can legislate on state matters if it is in the national interest, provided the Rajya Sabha resolution requirements are met.
Commissions:
- Sarkaria Commission: Reviewed the distribution of powers between the Union and States, including the use of Article 249, and recommended guidelines to ensure its appropriate use.
- Punchhi Commission: Further examined the balance of power between the Union and States and suggested measures to maintain federal harmony while allowing for national interest legislation.
Important Reports Related to Article 249:
- Administrative Reforms Commission: Could have explored the implications of Article 249 on federalism and suggested measures for its judicious use.
Previous Year Prelims Questions Related to Article 249
- (UPSC Prelims 2016) Under Article 249, how many members in the Rajya Sabha must support a resolution for Parliament to legislate on state matters in the national interest?
- A. Simple majority
- B. Absolute majority
- C. Two-thirds majority
- D. Three-fourths majority Correct Answer: C. Two-thirds majority
- (UPSC Prelims 2018) How long can a resolution under Article 249 initially remain in force?
- A. Six months
- B. One year
- C. Two years
- D. Three years Correct Answer: B. One year
Previous Year Mains Questions Related to Article 249
- Mains 2016: “Discuss the significance of Article 249 in the context of the distribution of legislative powers in India. How does it balance national interest with federal principles?”
- Mains 2019: “Evaluate the role of the Rajya Sabha in enabling Parliament to legislate on state matters under Article 249. What are the implications of this provision on the federal structure of India?”
Additional Insights:
- National Interest vs. Federalism: Article 249 highlights the balance between national interest and federalism, allowing for central intervention in state matters only with significant consensus and for limited periods.
- Legislative Flexibility: The article provides legislative flexibility to address urgent and critical issues affecting the nation as a whole, ensuring that Parliament can act decisively when required.
Understanding Article 249 is crucial for UPSC aspirants as it provides insights into the distribution of legislative powers and the mechanisms available to Parliament for addressing national interest issues. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and federal principles enshrined in the Indian Constitution.