Article 250 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 250 of the Constitution of India, including its text, interpretation, and relevant case law:
🧾 Article 250 – Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
🔹 Text of Article 250:
(1) Notwithstanding anything in the foregoing provisions of 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.
(2) 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.
📌 Key Points of Interpretation
| Feature | Explanation |
|---|---|
| During Emergency Only | This article is applicable only when a National Emergency (Article 352) is in operation. |
| State List Override | Parliament can temporarily override the State List (List II of the Seventh Schedule). |
| Temporary Law | Such laws cease to operate 6 months after the Emergency ends, unless re-enacted under normal legislative powers. |
| Purpose | Ensures national interest and uniformity during times of grave crisis (e.g., war, external aggression, armed rebellion). |
📚 Relevant Case Law on Article 250
1. State of Rajasthan v. Union of India, AIR 1977 SC 1361
Issue: Whether the Centre can dismiss State Governments using emergency powers.
Relevance: Though primarily about Article 356, the Court discussed Centre’s enhanced legislative powers during emergencies, affirming Article 250 as a constitutional tool to deal with extraordinary situations.
2. K. Hanumanthaiah v. State of Karnataka, AIR 1983 Kar 246
Issue: Validity of central law affecting State subjects during Emergency.
Held: Parliament is competent to legislate on State subjects during Emergency under Article 250.
However, such laws lose effect after 6 months post-emergency unless otherwise continued or re-enacted under another provision.
3. P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626
Context: Indirectly referred to Article 250 when discussing the scope of parliamentary legislation during emergencies.
Relevance: Reinforced that emergency powers expand legislative competence of Parliament.
🔍 Examples of Use
During the 1975 Emergency, Parliament enacted several laws on State List subjects like police, public order, and land reforms.
These were valid only due to the operation of Article 250, and many ceased after the Emergency ended unless adopted permanently.
✅ Summary Table
| Feature | Detail |
|---|---|
| Article | 250 |
| Applies During | National Emergency (Article 352) |
| Enables | Parliament to legislate on State List |
| Sunset Clause | Laws lapse 6 months after Emergency ends |
| Purpose | Enable swift and uniform response during national crises |
| Important Cases | State of Rajasthan v. Union of India (1977), K. Hanumanthaiah v. State of Karnataka (1983) |
🧠 Bonus: Comparison with Related Articles
| Article | Subject |
|---|---|
| Article 249 | Parliament’s power to legislate on State List in national interest (with Rajya Sabha resolution) |
| Article 250 | Parliament’s power to legislate on State List during Emergency |
| Article 252 | Parliament can legislate for two or more states with their consent |
RELATED Blog
0 comments