Article 249 of the Costitution of India with Case law
🇮🇳 Article 249 of the Constitution of India
Subject: Power of Parliament to legislate with respect to a matter in the State List in the national interest
🔹 Bare Text of Article 249:
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States (Rajya Sabha) 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, then it shall be lawful for Parliament to make laws for the whole or any part of the territory of India.
(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 it may be renewed by like resolution for further periods not exceeding one year at a time.
(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 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.
🧩 Key Concepts:
| Element | Description |
|---|---|
| Purpose | To allow Parliament to legislate on State List subjects in national interest. |
| Initiating Body | Rajya Sabha (Council of States) |
| Majority Required | Two-thirds of members present and voting |
| Validity of Resolution | Maximum 1 year, can be renewed |
| Effect of Law | Continues for 6 months after resolution ends, unless extended |
📘 Practical Use:
Rarely used.
Seen in cases involving national crises, economic planning, or major inter-state issues like terrorism, infrastructure, or environmental concerns.
🧑⚖️ Important Case Laws on Article 249:
🔸 **1. State of Rajasthan v. G. Chawla, AIR 1959 SC 544
Held: Parliament can make laws on State List matters if there is a valid Rajya Sabha resolution under Article 249.
Emphasized the constitutional validity of using Article 249 for broader national legislative powers.
🔸 **2. Union of India v. H.S. Dhillon, (1972) 2 SCC 779
Though primarily about taxation, this case recognized the scope of Parliament’s powers under Article 249 to temporarily legislate on State matters, reinforcing flexibility in times of national need.
🔸 **3. State of Karnataka v. Union of India, AIR 1978 SC 68 (Rajamannar Commission Case)
Dealt with the limits of central intervention in state affairs.
Mentioned Article 249 as a constitutional mechanism for such intervention, highlighting its limited and temporary nature, requiring Rajya Sabha consent.
🔸 **4. ITC Ltd. v. Agricultural Produce Market Committee, (2002) 9 SCC 232
Issue: Parliament’s power to regulate agricultural markets (a State List subject).
Court noted that Article 249 provides a lawful route for central legislation, but it must strictly adhere to procedure (i.e., Rajya Sabha resolution).
🧾 Summary Table:
| Clause | Provision |
|---|---|
| (1) | Parliament may legislate on State List if Rajya Sabha passes a 2/3 majority resolution in national interest |
| (2) | Resolution valid for up to 1 year, renewable |
| (3) | Law ceases 6 months after resolution ends (unless re-enacted) |
🧭 Related Articles:
Article 245 – Extent of laws made by Parliament and State Legislatures
Article 246 – Subject matter of laws (Union, State, Concurrent Lists)
Article 250 – Parliament’s power during emergency
Article 252 – Legislation with consent of two or more states
🧠 Important Distinction:
| Article | Context | Power to Parliament |
|---|---|---|
| Article 249 | National interest | Rajya Sabha resolution (2/3 majority) |
| Article 250 | Emergency | During national emergency |
| Article 252 | State consent | Two or more states pass a resolution |
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