सं Samvidhan

The Constitution of India

Article 369

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

Why this exists

In 1950, India faced serious shortages of essential goods like food grains, textiles, coal, and steel due to Partition, wartime disruptions, and a fragile economy. Trade and commerce 'within a state' was normally a State List subject, meaning each state could regulate it differently. To allow the central government to coordinate production, pricing, and distribution of critical commodities uniformly across the country during this fragile transition period, the Constituent Assembly added Article 369 as a temporary, five-year override — letting Parliament treat these state subjects as if they were shared (Concurrent List) subjects.

How courts read it

Article 369 was a short-lived, transitional provision that expired on 26 January 1955 and has not generated significant Supreme Court interpretation, since its operative window closed decades ago. Courts have occasionally referenced it in passing while discussing the historical scheme of Union-State legislative powers, but no landmark judgment turns on interpreting its clauses.

Common misconceptions
  • Myth: Article 369 still gives Parliament special powers today.
    Fact: This power was strictly temporary and expired on 26 January 1955, five years after the Constitution began; it has had no legal effect since then.
  • Myth: Article 369 permanently moved these subjects to the Concurrent List.
    Fact: It only let Parliament treat them 'as if' they were Concurrent List subjects for five years — the actual constitutional lists were never amended.