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

Quick Summary (TL;DR)

Article 249 (Power of Parliament to legislate with respect to a matter in the State List in the national interest): Governs federal legislative and administrative division of powers between the Union and States under Part XI.

In Simple Citizen Words

Article 249 ('Power of Parliament to legislate with respect to a matter in the State List in the national interest') in Part XI (Relations between the Union and the States) structures Indian federalism. It governs territorial and subject-matter jurisdiction under the Union, State, and Concurrent Lists of the Seventh Schedule, GST concurrent powers (Art 246A), residuary powers (Art 248), inconsistency/repugnancy rules (Art 254), inter-state river water disputes (Art 262), or the Inter-State Council (Art 263). Specifically: (1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds of the members present and voting that it is necessary or expedient in the...

Key Constitutional Provisions

Constitutional Mandate (Art. 249): Directly codifies the legal rule for 'Power of Parliament to legislate with respect to a matter in the State List in the national interest' under Part XI

Structured across 6 clause(s) with explicit constitutional provisos/safeguards

Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action

Exceptions & Reasonable Restrictions

Federalism is part of the Basic Structure of the Constitution (S.R. Bommai v. Union of India, 1994); neither the Union nor the States can usurp the exclusive legislative domain assigned to the other.

Why This Matters in Daily Life

Clarifies which government (Central or State) is responsible and accountable for every law, tax, and public service affecting your life.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Alladi Krishnaswamy Iyer & N. Gopalaswami Ayyangar

Union Powers & Drafting Committees • June 13 – August 10, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 249: Balancing strong central oversight with genuine legislative and administrative autonomy for state legislatures under three legislative lists.

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"Our Constitution is neither a pure federation nor a unitary state. It is a harmonious federation with a strong center capable of holding this vast subcontinent together in war and peace."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 249: Enacted Part XI (Articles 245–263) with clear distribution of legislative powers (Union, State, and Concurrent Lists) and mechanisms for inter-state water & council coordination (Arts 262–263).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 249 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (1)

Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds 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 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.

Clause (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.

Clause (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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

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

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 249 (Power of Parliament to legislate with respect to a matter in the State List in the national interest) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 249 (Power of Parliament to legislate with respect to a matter in the State List in the national interest): Governs federal legislative and administrative division of powers between the Union and States under Part XI.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

Article 248 Ask Nyaya Saarthi AI About This Article Article 250

Emergency Citizen Helplines

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

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications