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Article 369

Transitional Central Powers Over Essential Commodities

Official heading: “Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part XXI, Article 369, printed pages 229–230
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1. In One Sentence

Conferred temporary five-year power on Parliament to legislate on specified State List commodities (cotton, textiles, foodstuffs, iron, steel) as if Concurrent List items.

2. What It Means in Everyday Language

Article 369 provided an essential transitional economic bridge following the Second World War and Partition.

For five years from commencement (1950–1955), it empowered Parliament to make laws regarding the trade, supply, and production of crucial commodities—textiles, raw cotton, cotton seed, paper, foodstuffs, cattle fodder, coal, iron, steel, and mica—as if they were enumerated in the Concurrent List.

This transitional authority expired in 1955. Prior to its expiration, Parliament enacted the Constitution (Third Amendment) Act, 1954, which expanded Entry 33 of the Concurrent List, permanently securing central regulatory powers over essential foodstuffs, raw cotton, jute, and cattle fodder.

3. Practical Illustrative Example

Everyday Scenario:

In 1952, Parliament passed a central order regulating interstate distribution of raw cotton during post-partition shortages.

Core takeaway: Article 369 permitted temporary central economic regulation of key agricultural and industrial commodities across State borders.
Illustrative Notice: The transitional five-year power lapsed in 1955; modern central regulation of essential commodities operates under Entry 33 of the Concurrent List and the Essential Commodities Act, 1955.

4. Important Limits, Qualifications & Exceptions

Article 369 was a five-year post-war transitional supply management clause.

  • Five-year limit: Concluded on 25 January 1955.
  • Specified commodities: Applied strictly to enumerated articles (textiles, cotton, foodstuffs, iron, steel, coal).
  • Superseded by Entry 33: Permanent regulatory continuity was achieved through the Third Amendment in 1954.

5. Operative Constitutional Text

Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:— (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), foodstuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica; (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters, but not including fees taken in any court; but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.
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 XXI, Article 369, printed pages 229–230 • 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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