Actual Article
Article 250: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
- Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.
- A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency 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 Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
UPSC Notes for Article 250
Explanation:
- Legislative Power During Emergency: Article 250 grants Parliament the power to legislate on any matter in the State List during the operation of a Proclamation of Emergency. This provision ensures that Parliament can address urgent and critical issues that arise during emergencies, even if they fall within the jurisdiction of the states.
- Temporary Nature of Laws: Laws made under this article are temporary and cease to have effect six months after the Proclamation of Emergency ends, except for actions taken under those laws during the emergency period.
Key Points:
- Extraordinary Powers: Article 250 provides Parliament with extraordinary legislative powers to deal with situations that require a unified national response, overriding the normal division of legislative powers between the Union and the states.
- Duration of Laws: The temporary nature of the laws ensures that state autonomy is restored once the emergency situation is over, maintaining the federal structure of the Constitution.
Important Cases and Commissions Related to Article 250
Cases:
- No specific landmark cases directly interpreting Article 250, as it is generally invoked during emergencies and concerns the legislative powers of Parliament.
Commissions:
- Sarkaria Commission: Reviewed the balance of power between the Union and States, including provisions like Article 250, to ensure they are used judiciously and do not undermine federal principles.
- Punchhi Commission: Further examined the use of emergency powers and recommended safeguards to prevent misuse.
Important Reports Related to Article 250:
- Administrative Reforms Commission: Explored the implications of emergency provisions on the federal structure and suggested measures for ensuring accountability and transparency.
Previous Year Prelims Questions Related to Article 250
- (UPSC Prelims 2016) Under Article 250, when can Parliament legislate on matters in the State List?
- A. When a Proclamation of Emergency is in operation
- B. During a financial crisis
- C. When the President gives approval
- D. During a state governor’s request Correct Answer: A. When a Proclamation of Emergency is in operation
- (UPSC Prelims 2018) For how long can laws made under Article 250 continue to have effect after the Proclamation of Emergency ceases to operate?
- A. Three months
- B. Six months
- C. One year
- D. Indefinitely Correct Answer: B. Six months
Previous Year Mains Questions Related to Article 250
- Mains 2016: “Discuss the significance of Article 250 in the context of legislative powers during an emergency. How does it impact the federal structure of India?”
- Mains 2019: “Evaluate the implications of temporary laws made under Article 250 on state autonomy and the federal framework of the Indian Constitution.”
Additional Insights:
- Ensuring National Response: Article 250 ensures that Parliament can respond swiftly and effectively to national emergencies, overriding the normal legislative competence of states to address critical issues comprehensively.
- Safeguarding Federalism: The temporary nature of the laws made under Article 250 safeguards federalism by ensuring that state autonomy is restored once the emergency is over, maintaining the balance of power between the Union and the states.
Understanding Article 250 is crucial for UPSC aspirants as it highlights the provisions for legislative powers during emergencies, emphasizing the balance between national interest and state autonomy. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of how the Indian Constitution ensures effective governance during extraordinary situations while maintaining its federal structure.