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Article 250

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”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part XI, Article 250, printed page 149
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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

Everyday Scenario:

A war or external aggression triggers a National Emergency under Article 352, requiring centralized control over state transport and public health.

Core takeaway: Under Article 250, Parliament can pass statutes regulating state police and civil supplies directly without needing state legislative approval.
Illustrative Notice: Six months after the Emergency is formally revoked, Parliament’s emergency state-list laws automatically expire.

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

(1) Notwithstanding anything in 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.
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 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.

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

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