Home The Constitution Part XI Article 249

Art. 249 Part XI: Relations Between the Union and the States

Power of Parliament to Legislate With Respect to a Matter in the State List in the National Interest

Exact text — Constitution of India

(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds 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.

In Plain English

What this Article actually means

This Article gives the Rajya Sabha (Council of States) — notably, NOT the Lok Sabha — special power to temporarily authorise Parliament to legislate on a State List subject, if two-thirds of members present declare it necessary in the national interest. This is a deliberate check that specifically empowers the Upper House (which represents states) to authorise this particular kind of central intervention.

Why This Matters To You

How it shows up in everyday life

This Article illustrates a specific design choice — since the Rajya Sabha represents states' interests more directly than the Lok Sabha, requiring ITS two-thirds approval (not just an ordinary Parliamentary majority) for this kind of intervention into state subjects is meant to ensure states themselves have a real say before their normal domain gets temporarily overridden.

Read alongside this one

Art. 250 — Parliament's Power During a National Emergency Art. 80 — Composition of the Rajya Sabha

Frequently Asked

Quick answers about Article 249

How long does such a resolution remain in effect?

A resolution under this Article remains in force for up to one year, though it can be renewed by a fresh resolution for successive one-year periods if the Rajya Sabha continues to support it.

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The text above reproduces Article 249 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.