Power of Parliament to legislate with respect to a matter in the State List in the national interest

Article 226, Draft Constitution, 1948

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.

Article 249, Constitution of India, 1950

(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.

⁠(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.

Draft Article 226 (Article 249, Constitution of India, 1950) was debated on 13 June,1949. This provision created an exception to the federal structure adopted in the Constitution. It permitted the Union Parliament to make laws on subjects in the state list if authorised by the Council of States (Rajya Sabha) to do so in national interest.

First, some members felt that the Draft Article was not necessary: They believed that the States would themselves pass such laws in national interest.

Second, a the Chairman of the Drafting Committee proposed an amendment to state that the law passed by the Union Parliament will be valid for one year unless it is extended by the Rajya Sabha. In response to this proposed amendment, some members urged that the amendment reduced the impact of the Draft Article by imposing a strict time period. In the end, the Assembly accepted the amendment.

Draft Article 226 (as amended) was adopted on 13 June1949.

Subsequently, Article 249 was amended in 2016 clarifying that the Union Parliament may make laws on goods and services tax under this provision.