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The Constitution, Made Understandable.

Article 249

Parliamentary Legislation on State List Matters in National Interest

Official heading: “Power of Parliament to legislate with respect to a matter in the State List in the national interest”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part XI, Article 249, printed pages 148–149
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1. In One Sentence

Authorizes Parliament to legislate on a State List subject if the Council of States passes a resolution by a two-thirds majority declaring it necessary in the national interest.

2. What It Means in Everyday Language

Article 249 allows temporary federal intervention into State legislative autonomy during peacetime, anchored in the consent of the Council of States (Rajya Sabha).

If the Rajya Sabha declares by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest for Parliament to make laws on a State List subject, Parliament becomes competent to legislate on that matter.

A resolution under Article 249 remains in force for a period not exceeding one year at a time, though it can be renewed repeatedly for one year at a time.

Any law passed by Parliament under this power ceases to have effect six months after the resolution lapses, except regarding things done or omitted before that date.

3. Practical Illustrative Example

Everyday Scenario:

A national water crisis or agricultural logistics breakdown demands a uniform nationwide statutory regime across multiple states.

Core takeaway: Rajya Sabha passes a two-thirds resolution under Article 249, enabling Parliament to enact a uniform law on that State List matter for up to one year.
Illustrative Notice: State Assemblies do not lose their power to legislate on that subject, but in case of inconsistency, Parliament’s law prevails under Article 251.

4. Important Limits, Qualifications & Exceptions

Article 249 provides a flexible federal mechanism for national emergencies without declaring a formal Proclamation of Emergency.

  • Rajya Sabha safeguard: Requires a supermajority of two-thirds of members present and voting in the House representing the States.
  • Temporary duration: Valid for maximum one year per resolution, with parliamentary laws lapsing six months after expiry.
  • Concurrent state competence: States can still make laws on the subject, governed by Article 251 in case of conflict.

5. Operative Constitutional Text

(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 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 operate. (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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part XI, Article 249, printed pages 148–149 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 246 →Go to ARTICLE 250 →Go to ARTICLE 251 →Go to ARTICLE 252 →