PART XI RELATIONS BETWEEN THE UNION AND THE STATES · CHAPTER I.— LEGISLATIVE RELATIONS · Distribution of Legislative Powers

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

The Constitution of India

(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 ¹[goods and services tax provided under article 246A or] 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.

Footnotes in the official text

1.Ins. by s. 4, ibid. (w.e.f. 16-9-2016).

Questions on this article

14 questions in 33 of our papers cite Article 249. Try these from the free papers:

1. The Council of States passes a resolution under Article 249 by the required majority, and Parliament then enacts a law on a matter in the State List. The resolution is not renewed and ceases to be in force. The law made by Parliament, to the extent Parliament would otherwise have been incompetent to make it, will:
2. Assertion (A): Parliament may make laws on a matter in the State List if the Council of States declares 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. Reason (R): A resolution passed under Article 249(1) remains in force for such period not exceeding one year as may be specified in it, and may be continued by a further resolution passed in the same manner.
3. Consider the following statements about Article 249: 1. The resolution of the Council of States must be supported by a majority of the total membership of that House. 2. Such a resolution remains in force for a period not exceeding one year, and it may be continued for a further year at a time by a fresh resolution passed in the same manner. 3. A law made by Parliament on the strength of the resolution ceases to have effect, to the extent of its incompetency, six months after the resolution ceases to be in force. Which of the statements given above is/are correct?

Practise questions on Constitutional Law