Article 249

Article 249 of the Constitution of India grants Parliament temporary authority to legislate on matters enumerated in the State List, provided that such legislation is deemed necessary in the national interest. This Article serves as an exceptional constitutional mechanism that enables the Union to override the usual distribution of legislative powers between the Centre and the States, but only under clearly defined and limited circumstances. It forms part of Part XI (Relations between the Union and the States) and reflects the principle of cooperative federalism while ensuring national unity and legislative flexibility.

Background and Constitutional Context

India’s Constitution adopts a federal structure with a strong unitary bias. Under Article 246 and the Seventh Schedule, legislative powers are divided into three lists:

• Union List (List I) – subjects on which only Parliament can legislate,
• State List (List II) – subjects under the exclusive legislative authority of States, and
• Concurrent List (List III) – subjects on which both Parliament and the States can legislate.

Ordinarily, matters in the State List fall exclusively within the jurisdiction of the States. However, Article 249 creates an exception to this general rule, allowing Parliament to intervene in State matters in the national interest, but only through a special constitutional procedure involving the Rajya Sabha (Council of States).
This provision recognises that certain situations may arise where national considerations outweigh regional autonomy and where uniform legislation is necessary across the country.

Clause (1): Resolution by the Rajya Sabha

Clause (1) of Article 249 stipulates that Parliament can make laws on matters in the State List if the Rajya Sabha passes a resolution, supported by not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to do so.
Key aspects of this clause include:

• The initiative lies exclusively with the Rajya Sabha, which represents the States.
• The requirement of a two-thirds majority ensures that such power is exercised only with broad consensus among the States.
• The resolution must specifically declare that national interest demands Parliament’s intervention in a particular matter or matters.

Once such a resolution is passed, Parliament gains full legislative competence to enact laws on the specified State List subjects, for the entire country or any part thereof.

Clause (2): Duration and Renewal of the Resolution

According to Clause (2), the resolution passed under Clause (1) remains in force for one year from the date of its passage. It can, however, be extended for further periods of one year each through subsequent resolutions passed in the same manner and with the same majority.
This ensures that Parliament’s power to legislate on State List matters under Article 249 is temporary and subject to periodic review by the Rajya Sabha, thereby maintaining a balance between national exigency and State autonomy.

Clause (3): Effect of Expiration

Clause (3) provides that any law made by Parliament under Article 249 shall cease to have effect six months after the resolution ceases to operate, except for actions, rights, or obligations that arose while the law was in force.
Thus, if Parliament enacts a law under this provision and the Rajya Sabha later allows the resolution to lapse, the law does not immediately become void but continues to operate for an additional six months to ensure administrative continuity.

Conditions for Application

The application of Article 249 is governed by specific constitutional conditions:

1. The matter must be of national interest, requiring uniform action across the country.
2. A special resolution must be passed by the Rajya Sabha with a two-thirds majority of members present and voting.
3. The resolution’s duration is limited to one year, with possible extensions through further resolutions.

These stringent procedural safeguards prevent arbitrary use of the provision and protect the federal balance between the Union and the States.

Legislative Process and Operation

Once a valid resolution is passed, Parliament is empowered to make laws on any subject in the State List, and such laws apply throughout India or in specific regions as determined by the resolution.
Laws enacted under Article 249 take precedence over any conflicting State legislation. However, once the resolution expires and Parliament’s power lapses, States regain their exclusive competence over the concerned subjects.
For instance, if Parliament legislates on “public health” or “police” (both State List subjects) under Article 249, the law remains effective only while the resolution is operative and for six months thereafter.

Judicial Interpretation

The Supreme Court has examined the scope and constitutional validity of Article 249 in various cases, particularly in the context of federal relations and legislative competence.

• State of West Bengal v. Union of India (1963): The Court affirmed Parliament’s power to legislate on State List matters when authorised by a constitutional provision such as Article 249, upholding the principle of parliamentary supremacy in defined exceptional situations.
• Keshavananda Bharati v. State of Kerala (1973): The Court underscored that while Parliament has wide powers, it cannot alter the federal structure, which is part of the basic structure of the Constitution. Article 249 must therefore be applied in a manner consistent with federal principles.
• Minerva Mills Ltd. v. Union of India (1980): The Court reiterated the need for balance between central authority and State autonomy, emphasising that central intervention under Article 249 must genuinely serve the national interest.

These decisions collectively ensure that Article 249 operates within constitutional limits and cannot be misused to encroach upon State powers arbitrarily.

Significance and Objectives

Article 249 plays a vital role in maintaining India’s constitutional flexibility and unity. Its significance can be summarised as follows:

• Ensures national coherence on issues of strategic, economic, or social importance requiring uniform legislation.
• Strengthens cooperative federalism by involving the Rajya Sabha, the representative body of the States, in determining when national interest warrants central intervention.
• Prevents legislative vacuum in situations where national challenges transcend State boundaries.
• Maintains temporary and reviewable central authority, preventing permanent erosion of State powers.

In essence, Article 249 acts as a constitutional bridge between federal autonomy and national unity.

Criticism and Challenges

Despite its importance, Article 249 has been subject to criticism and debate:

• Potential for misuse: Critics argue that the central government could exploit the provision for political ends, undermining the spirit of federalism.
• Ambiguity of “national interest”: The term is broad and open to interpretation, allowing flexibility but also the risk of subjective application.
• Temporary centralisation: Although limited in duration, repeated extensions of resolutions could lead to prolonged central control over State subjects.

However, the high voting threshold in the Rajya Sabha and the requirement of clear justification in the national interest serve as safeguards against misuse.

Related Constitutional Provisions

Article 249 operates in conjunction with other Articles that permit Parliament to legislate on State List matters under special circumstances:

• Article 250 – During a national emergency, Parliament can legislate on State subjects for the entire country.
• Article 251 – Provides that Union laws prevail over State laws in case of inconsistency during such situations.
• Article 252 – Enables Parliament to legislate on State List matters if two or more States consent.
• Article 253 – Empowers Parliament to make laws to implement international agreements or treaties.

Together, these provisions provide constitutional flexibility while maintaining federal balance.

Practical Applications and Impact

Although Article 249 has been used sparingly, it has significant practical value. It provides a constitutional mechanism for national coordination in times of necessity, such as when uniform policy or regulation is required across States.
Its existence ensures that Parliament is not powerless in addressing State List matters when national interest so demands. It also reinforces the Rajya Sabha’s constitutional importance as the chamber representing States in national decision-making.