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THE CONSTITUTION OF INDIA
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Part XI

Article 250

Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency 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 Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

VERSION 1

Article 227, Draft Constitution, 1948

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency 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 Proclamation has ceased to operate, except as respects” things done or omitted to be done before the expiration of the said period.

VERSION 2

Article 250, Constitution of India, 1950

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

⁠(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency 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 Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

SUMMARY

Draft Article 227 (Article 250, Constitution of India, 1950) was debated on 13 June 1949. It permitted the Parliament to make laws on subjects in the State List during an Emergency. There was no substantive debate on this Article.

Draft Article 227 was adopted on 13th June,1949.

Subsequently, an amendment was introduced by the Constitution (One Hundred and First Amendment) Act, 2016, with effect from 16 September 2016, permitting the Parliament to also make laws in relation to goods and services tax during an Emergency.