Article 249 of the Indian Constitution empowers the Parliament to legislate on matters that fall within the State List, provided it is in the national interest. The Constitution of India divides legislative powers between the Union Government and the State Governments through three lists: the Union List, the State List, and the Concurrent List. The Union List consists of subjects on which only the Parliament can make laws, the State List consists of subjects on which only the State Legislatures can make laws, and the Concurrent List contains subjects on which both the Parliament and the State Legislatures can make laws.

While the State List primarily deals with matters of local or regional importance, there may arise situations where the Parliament needs to intervene and legislate on a subject falling within the State List. Article 249 provides a mechanism for such intervention, ensuring that the national interest is safeguarded.

Understanding Article 249

Article 249 states that if the Rajya Sabha (the Upper House of Parliament) passes a resolution by a majority of not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest that Parliament should make laws on any subject mentioned in the State List, then Parliament shall have the power to make laws on that subject for the whole or any part of the territory of India.

This provision grants the Parliament the authority to legislate on matters within the State List, temporarily overriding the exclusive power of the State Legislatures. However, it is important to note that this power is not absolute and can only be exercised when it is deemed necessary or expedient in the national interest.

Conditions for the Exercise of Power

Article 249 imposes certain conditions that must be met for the Parliament to exercise its power to legislate on matters in the State List. These conditions include:

1. The resolution must be passed by a majority of not less than two-thirds of the members present and voting in the Rajya Sabha.
2. The resolution must declare that it is necessary or expedient in the national interest that Parliament should make laws on the subject.
3. The subject must be mentioned in the State List.

These conditions ensure that the power granted to the Parliament under Article 249 is not misused and is only invoked when there is a genuine need to legislate on a matter in the State List.

Scope of Legislation

Once the resolution is passed, the Parliament has the authority to make laws on the subject mentioned in the resolution for the whole or any part of the territory of India. This means that the legislation enacted by the Parliament will have overriding effect over any existing laws made by the State Legislatures on the same subject.

However, it is important to note that the legislation made by the Parliament under Article 249 is not permanent. The Parliament can only make laws on the subject for a specified period, not exceeding one year. If the resolution is not renewed by the Rajya Sabha after the expiry of the specified period, the power of the Parliament to legislate on that subject ceases to exist.

Significance of Article 249

Article 249 plays a crucial role in maintaining the balance of power between the Union Government and the State Governments. It allows the Parliament to intervene and make laws on matters in the State List, ensuring that the national interest is protected and any gaps or inconsistencies in the legal framework are addressed.

By providing a mechanism for the Parliament to legislate on matters falling within the State List, Article 249 promotes cooperative federalism and facilitates effective governance. It enables the Union Government to address issues of national importance that may require a uniform approach across all states.

However, it is essential to exercise caution while invoking Article 249 to ensure that the power granted to the Parliament is not misused or used to encroach upon the autonomy of the State Governments. The national interest should be the guiding principle behind the exercise of this power, and any legislation made under Article 249 should be carefully crafted to strike a balance between the national interest and the autonomy of the states.

Conclusion

Article 249 of the Indian Constitution empowers the Parliament to legislate on matters in the State List in the national interest. This provision ensures that the Union Government can intervene and make laws on subjects that require a uniform approach across all states. However, the power granted under Article 249 is not absolute and can only be exercised when certain conditions are met. It is crucial to strike a balance between the national interest and the autonomy of the states while invoking this power. Article 249 plays a significant role in promoting cooperative federalism and facilitating effective governance in India.