Parliamentary Power over State List during Emergency
Official heading: “Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XI, Article 250, printed page 149
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- Not yet checked
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1. In One Sentence
Empowers Parliament to make laws on any State List matter for all or part of India while a national Proclamation of Emergency is in force.
2. What It Means in Everyday Language
Article 250 transforms India’s federal division of legislative powers into a unitary system whenever a Proclamation of Emergency is declared under Article 352.
While the emergency proclamation is operative, Parliament has plenary power to enact laws on any matter enumerated in the State List for the whole or any part of India.
State Legislatures are not dissolved by Article 250; they retain power to pass laws, but their laws remain subject to parliamentary supremacy under Article 251.
Any emergency law enacted by Parliament under this provision lapses six months after the Proclamation of Emergency ceases to operate.
3. Practical Illustrative Example
A war or external aggression triggers a National Emergency under Article 352, requiring centralized control over state transport and public health.
4. Important Limits, Qualifications & Exceptions
Article 250 provides plenary central legislative authority during existential national crises.
- Strict precondition: Operative only while a valid Proclamation of Emergency under Article 352 is in effect.
- Nationwide or regional reach: Parliament can legislate for the whole country or specific affected territories.
- Six-month sunset: Laws expire six months after emergency revocation, preserving past completed actions.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XI, Article 250, printed page 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.
