Article 249 of Indian Constitution: Parliament to legislate in the national interest

Article 249 of Indian Constitution

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 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 [goods and services tax provided under article 246A or] 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.

Note:"The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders".

Article 249 of the Indian Constitution allows Parliament to make laws on subjects in the State List if the Rajya Sabha approves it with a two-thirds majority. This happens when a law is needed for national interest. The resolution lasts for one year but can be extended annually. Any law made under this rule stays valid for six months after the resolution ends. This ensures that central control is temporary and reviewed regularly.

Landmark Cases or Judgments of Article 249 of Indian Constitution

Several judicial pronouncements have elucidated the scope and application of Article 249:

• State of Rajasthan vs. Union of India (1977): The Supreme Court ruled that Parliament can make laws on state matters if it serves the national interest. This is allowed only if the Rajya Sabha approves it as per constitutional rules. The judgment reinforced that central intervention in state issues must follow proper procedures.
• Jayant Verma and Others vs. Union of India and Others (2018): The Supreme Court observed that Article 249 enables the Parliament to legislate on matters in the State List if the Rajya Sabha passes a resolution with a two-thirds majority, emphasizing the procedural safeguards embedded in the provision. 

Article 249 functions as essential legislation to preserve both state independence and national cohesion. The central government obtains a constitutional way to handle matters of national importance within state legislative authority through this provision. This allows the central government to handle nationwide issues like emergencies of public health or economic policies uniformly throughout the country. The two-thirds majority requirement in the Rajya Sabha functions as a protective measure to ensure that central government interference shows widespread agreement and serves true national interests.

Developments and Amendments of Article 249 of Indian Constitution

Article 249 of the Constitution was changed by 101 Amendment Act 2016 as it added "[goods and services tax provided under Article 246A or]." This gave Parliament power to make GST laws, affecting both state and national levels. It showed the Constitution’s ability to adapt to economic and administrative needs.

Conclusion

Article 249 of Indian Constitution shows India's flexible federal system. It lets Parliament make laws on state matters under certain conditions while protecting federalism. The two-thirds Rajya Sabha approval and temporary nature of these laws prevent misuse. It reflects the foresight of the Constitution’s framers in governing a diverse nation.