Parliamentary legislation on the State List in the national interest

Also called: Article 249, Legislation on State List in national interest · Topic: Federalism and Centre-State Relations · NCERT: Class 11, Ch 5 "Legislature"; Class 11, Ch 7 "Federalism"

Meaning

Article 249 lets Parliament make laws on a subject in the State List (the list of subjects that normally only state legislatures can make laws on). It can do so when the Rajya Sabha passes a resolution, by a two-thirds majority of members present and voting, saying this is "necessary or expedient in the national interest" [3].

It matters because it lets the Centre step into the states' law-making area in peacetime, without an emergency and without the states asking. The trigger lies with the Rajya Sabha, the house that represents the states.

Explanation

How it works: the steps in order

1. The Rajya Sabha passes a resolution. - It names a State List subject. - It declares that it is "necessary or expedient in the national interest" for Parliament to make laws on that subject [3]. - Majority needed: at least two-thirds of members present and voting. This is not two-thirds of the total membership. - The Lok Sabha plays no part in passing this resolution.

2. Parliament makes the law. - Parliament can now pass laws on that subject for the whole or any part of India while the resolution is in force [3]. - The law itself goes through both Houses in the normal way.

3. The resolution runs for a fixed time. - It stays in force for up to 1 year. - A fresh resolution, passed by the same two-thirds majority, can extend it by 1 year at a time. There is no limit on how many times it can be extended.

4. The law lapses. - When the resolution ends, the law lapses 6 months later. - Anything already done under the law while it was in force stays valid.

Why the Rajya Sabha decides

• The Rajya Sabha is the Council of States, the house that represents the states.
• So the states' own house is the one that "invites" Parliament into the State List.
• This makes Art. 249 look like a federal safeguard, not a one-sided takeover by the Centre.

If a Union law and a state law clash

• The state legislature does not lose its own power to make laws on that subject.
• But if a state law clashes with a Union law made under Art. 249, the Union law wins, to the extent of the clash [3].
• Art. 251 sets the same rule for laws made under both Art. 249 and Art. 250.
• The clashing part of the state law cannot be used while the Union law is in force.
• It can work again once the Union law lapses.

Limits on the power

• Time limit: the power ends unless the resolution is renewed every year. The law then ends 6 months after the resolution does.
• Special majority: a simple majority is not enough.
• Subject-specific: each resolution covers only the State List subject it names.
• One concern: the Rajya Sabha can step into a state's area just by calling a subject nationally important [3]. The state whose subject is taken over gets no separate say.

In the Constitution and practice

• Where it sits:
• Art. 249, in Part XI of the Constitution (relations between the Union and the states).

• It works on the three lists in the Seventh Schedule: the Union List (List I), the State List (List II) and the Concurrent List (List III).

• The wider set of powers: Art. 249 is one of four routes by which Parliament can make laws on State List subjects:

• Art. 249: national interest.
• Art. 250: national emergency.
• Art. 252: consent of states.
• Art. 253: carrying out international treaties.

• Parliament can also make laws for a state under President's rule (when the Union government takes over the running of a state for a time, under Art. 356), through Art. 357.

• Who uses it:

• The Rajya Sabha passes the resolution.

• Parliament as a whole makes the law.

• NCERT view (Class 11, "Federalism"): powers like this are a sign of "federalism with a strong central government". India is a federation, but the Centre has extra powers to hold the country together.

• In practice:
• Art. 249 is rarely used.
• The Centre usually reaches State List subjects through other routes:
  • Art. 252: for example, the Wild Life (Protection) Act 1972 and the Water (Prevention and Control of Pollution) Act 1974.
  • Art. 253: for example, the Air Act 1981 and the Environment (Protection) Act 1986, both passed after the Stockholm Conference (1972).
• A likely reason it is rarely used: the special majority, the yearly renewal and the fixed end date make it hard to use and short-lived.

Don't confuse with

• Art. 250 (national emergency): no resolution is needed. The power starts automatically once a national emergency under Art. 352 is proclaimed. Under both 249 and 250, the law lapses 6 months after the trigger ends.
• Art. 252 (consent of states): two or more state legislatures ask Parliament to legislate, not the Rajya Sabha. The law is permanent, applies only to the states that asked for it or adopt it later, and only Parliament can amend or repeal it.
• Art. 253 (international agreements): Parliament acts on its own to carry out a treaty or the decision of an international conference. No resolution is needed and the law is permanent.
• Art. 254 (repugnancy): this deals with clashes on Concurrent List subjects. Under Art. 254(2), a state law can prevail in that state if it is reserved for the President and gets the President's assent [2]. Clashes with Art. 249 laws are handled by Art. 251, not Art. 254.

Prelims Hooks

• Art. 249: the Rajya Sabha alone passes the resolution, by two-thirds of members present and voting. A common trap is "two-thirds of total membership" or "both Houses". The Lok Sabha has no role in the resolution.
• Duration: the resolution lasts up to 1 year and can be renewed 1 year at a time, with no limit on renewals. The law lapses 6 months after the resolution ends.
• Reach: a law under Art. 249 can apply to the whole or any part of India [3].
• Clash rule: the Art. 249 law wins over a state law to the extent of the clash [3]. Art. 251 sets this rule for laws made under both Arts. 249 and 250.
• Matching the articles:
• 249: national interest, through a Rajya Sabha resolution.
• 250: national emergency.
• 252: consent of two or more states.
• 253: treaties.

• 357: President's rule.

• Same 6-month lapse: Art. 249 (after the resolution ends) and Art. 250 (after the emergency ends). Laws under Arts. 252 and 253 are permanent.

Mains Points

• Art. 249 as a balanced federal safeguard:
• The trigger lies with the states' own house, it needs a special majority, and the law lapses over time. This makes it a measured tool, which is why it is rarely used.

• By contrast, Art. 253 lets any treaty pull a State List subject to the Centre with no time limit. Art. 252 is a one-way door: once a state hands over a subject, only Parliament can amend or repeal the law.

• A gap in the safeguard:

• The Rajya Sabha votes as one house. The particular state whose subject is taken over has no veto [3].
• Seats in the Rajya Sabha are shared out roughly by population, so a group of larger states could outvote smaller ones.

• Reform idea, in line with Sarkaria (1988) and Punchhi (2010): consult the affected states first, through the Inter-State Council (Art. 263). This fits the cooperative federalism idea behind NITI Aayog (2015).

• "Holding-together" federalism:

• Arts. 249-253 show that the Indian federation leans towards the Centre so it can protect national unity and provide common rules.
• The time limit in Art. 249 lets this happen without states losing a subject for good.
• An answer can use Art. 249 to show how the Constitution balances a strong Centre with state autonomy.

Related concepts

• Parliament's power to legislate during a national emergency
• Legislation by consent of states
• Legislation to implement international agreements
• Doctrine of repugnancy

Read more

• Parliament's reach into the State List and the rule of repugnancy