The Constitution of India
Article 249
Power of Parliament to legislate with respect to a matter in the State List in the national interest
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) 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 resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.
Why this exists
India's Constitution divides lawmaking powers between the Union and States through the Union, State, and Concurrent Lists. Article 249 is an exception mechanism, allowing the Rajya Sabha — seen as the representative of the States in Parliament — to temporarily authorize Union legislation on State subjects when national interest demands it, without going through a full constitutional amendment or President's Rule. It reflects a federal safeguard: since States can't be bypassed lightly, only a supermajority in their designated house (Rajya Sabha) can trigger this, and only temporarily.
How courts read it
There is limited major litigation directly interpreting Article 249, as it has been used sparingly (e.g., for laws like the Essential Commodities framework at various times). Courts have generally treated the 'national interest' determination as primarily a matter of parliamentary and Rajya Sabha judgment, with limited scope for judicial review of the resolution's wisdom, focusing more on whether procedural requirements (like the two-thirds majority) were met.
Common misconceptions
- Myth: Article 249 permanently transfers a subject from the State List to the Union List.
Fact: It only allows temporary Parliamentary lawmaking power for a specific period (renewable yearly), and any resulting law ceases to apply within six months after the resolution lapses, to the extent Parliament wasn't otherwise competent. - Myth: Any resolution of Parliament can trigger this power.
Fact: Only the Rajya Sabha (Council of States) can pass this resolution, and it needs support from at least two-thirds of members present and voting — the Lok Sabha has no role in triggering it.