Parliament's power to legislate during a national emergency

Polity & Governance glossary

Also called: Article 250 · Topic: Federalism and Centre-State Relations · NCERT: Beyond NCERT

Meaning

Under Article 250, while a national emergency is in force, Parliament can make laws on any subject in the State List. Such a law stops working six months after the emergency ends. The states keep their own law-making power during this time. But if a state law clashes with Parliament's law, Parliament's law wins. This is one of the unitary features that let India act like a unitary state in a crisis.

Example

Suppose a national emergency is declared under Art. 352. Parliament could then pass a law on public order or police, which are State List subjects. That law would lapse six months after the emergency ends.

Don't confuse with

  • Art. 249 (national interest): this needs a Rajya Sabha resolution passed by two-thirds of members present and voting. It lasts one year and can be renewed. Art. 250 needs only a national emergency to be in force.

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