In the Indian Constitution, Article 369 provides for a temporary power granted to the Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. This provision allows the central government to legislate on state subjects in specific circumstances, ensuring the smooth functioning of the country in times of need.

Understanding Article 369

Article 369 is a unique provision within the Indian Constitution that grants temporary power to the Parliament to legislate on matters that fall under the exclusive domain of the states. The Constitution of India divides legislative powers between the central government and the state governments, with the State List containing subjects on which only the states can legislate.

However, there may be situations where the central government needs to intervene and legislate on matters that are otherwise within the purview of the states. Article 369 provides a legal framework for such exceptional circumstances, allowing the Parliament to enact laws on state subjects as if they were matters in the Concurrent List.

The Concurrent List

The Concurrent List is a list of subjects on which both the central government and the state governments have the power to legislate. It contains matters of common interest to both the center and the states, such as criminal law, marriage and divorce, bankruptcy and insolvency, and bankruptcy and insolvency.

By invoking Article 369, the Parliament can temporarily include specific subjects from the State List into the Concurrent List. This grants the central government the authority to legislate on those subjects, alongside the state governments. This temporary inclusion of state subjects in the Concurrent List is done to ensure effective governance and address urgent national concerns.

Conditions for the Exercise of Power under Article 369

Article 369 lays down certain conditions that need to be fulfilled for the Parliament to exercise its temporary power to legislate on state subjects. These conditions are as follows:

1. The President must declare that it is expedient for the Parliament to legislate on a particular matter in the State List.
2. The resolution for such a declaration must be passed by both Houses of Parliament by a simple majority.
3. The resolution must specify the duration for which the Parliament can exercise its legislative power on the specified matter.
4. The resolution can be extended by the Parliament for further periods, if necessary.

These conditions ensure that the exercise of power under Article 369 is not arbitrary and is subject to the approval of both Houses of Parliament. The temporary nature of this power also ensures that it does not infringe upon the federal structure of the Indian Constitution, which grants significant autonomy to the states.

Examples of the Application of Article 369

Over the years, Article 369 has been invoked on several occasions to address specific situations that require central intervention in state subjects. Some notable examples include:

1. Reorganization of States

During the reorganization of states, when new states were created or existing states were merged, Article 369 was used to temporarily transfer certain subjects from the State List to the Concurrent List. This allowed the central government to legislate on these matters until the states could establish their own legislative frameworks.

2. National Emergencies

In times of national emergencies such as war, internal strife, or natural disasters, Article 369 has been invoked to grant the central government the power to legislate on state subjects. This ensures a coordinated and swift response to the crisis, without being hindered by jurisdictional limitations.

3. Policy Implementation

Article 369 has also been used to implement specific policies or programs that require uniformity across the country. For example, the implementation of the Goods and Services Tax (GST) required the central government to legislate on taxation, which falls under the State List. Article 369 enabled this temporary transfer of power to ensure the smooth implementation of the GST across all states.

Conclusion

Article 369 of the Indian Constitution provides a temporary power to the Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. This provision allows for central intervention in state subjects under specific circumstances, ensuring effective governance and addressing urgent national concerns. The conditions laid down in Article 369 ensure that the exercise of this power is not arbitrary and is subject to the approval of both Houses of Parliament. The application of Article 369 has been seen in various scenarios, including state reorganization, national emergencies, and policy implementation. Overall, Article 369 serves as a mechanism to maintain the balance between the central government and the states, while ensuring the smooth functioning of the country as a whole.