Actual Article
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 the 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), foodstuffs (including edible oilseeds and oils), cattle fodder (including oilcakes 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.
UPSC Notes for Article 369
Explanation:
- Temporary Power: Article 369 grants Parliament the temporary power to legislate on certain matters in the State List as if they were in the Concurrent List for a period of five years from the commencement of the Constitution.
- Specified Matters: The matters include trade and commerce within a State, production, supply, and distribution of specific commodities like cotton textiles, foodstuffs, coal, iron, and steel, among others.
- Legal and Judicial Provisions: Parliament is also empowered to legislate on offences related to these matters, jurisdiction and powers of courts (excluding the Supreme Court), and fees related to these matters.
Key Points:
- Transitional Provision: Article 369 was designed as a transitional provision to address specific economic and administrative needs immediately following independence.
- Economic Regulation: Aimed at ensuring the regulation and control of critical commodities and resources during the initial years of the Republic.
- Jurisdictional Clarity: Clarified the jurisdiction and legislative powers concerning important economic matters to facilitate effective governance.
Important Cases and Commissions Related to Article 369
Cases:
- No landmark Supreme Court cases specifically interpreting Article 369, as it was a transitional provision with a specific time frame and scope.
Commissions:
- Various Economic Commissions: Have discussed the regulation of commodities and economic planning during the early years of independence, though not directly focused on Article 369.
Important Reports Related to Article 369:
- Planning Commission Reports (1950s): Addressed the regulation and control of essential commodities, which were part of the matters specified under Article 369.
Previous Year Prelims Questions Related to Article 369
- (UPSC Prelims 2016) What does Article 369 of the Indian Constitution provide for?
A. Permanent powers to Parliament to legislate on State List matters
B. Temporary powers to Parliament to legislate on certain State List matters
C. Powers to the President to dissolve State Legislatures
D. Powers to the Supreme Court to review State laws Correct Answer: B. Temporary powers to Parliament to legislate on certain State List matters - (UPSC Prelims 2018) For how long did Article 369 grant Parliament the power to make laws on specified State List matters?
A. One year
B. Five years
C. Ten years
D. Fifteen years Correct Answer: B. Five years
Previous Year Mains Questions Related to Article 369
- Mains 2016: “Discuss the significance of Article 369 in the context of post-independence economic regulation in India. How did this provision facilitate the central regulation of essential commodities?”
- Mains 2019: “Evaluate the impact of the temporary legislative powers granted to Parliament under Article 369. How did this provision address the transitional needs of the Indian economy?”
Additional Insights:
- Post-Independence Needs: Article 369 addressed the immediate economic and administrative needs of the newly independent nation, ensuring central control over essential commodities and resources.
- Economic Planning: Facilitated the implementation of economic plans and policies during the formative years of the Republic, ensuring stability and growth.
- Transition to Permanent Framework: Served as a bridge to a more permanent legislative framework, allowing time for the establishment of stable governance structures.
Understanding Article 369 is crucial for UPSC aspirants as it provides insights into the transitional provisions of the Constitution, highlighting the measures taken to address post-independence economic and administrative challenges. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective governance and economic stability of the newly independent Indian Republic.