Article 249 in The Constitution Of India 1949
249. 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 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.
Sir,
can u help me understand point 3 please..
See, the parliament is not competent to make law in
any subject, unless it is given that power under constitution. So, if the
parliament makes any law, which it is not competent, that is the state list,
then, such a law, which came to existence, due the resolution made in the RS,
under art 249; will cease to be of effect, 6 months from the date of force of
such resolution. At the same time, certain provisions will cease to exist even
before 6 months, if such a condition has been made in the law itself. suppose i
make a resolution, which ends on 1st january, then the Act made under the
resolution will cease to be effective on 1st june. And in that same law, say
some sections are expressely mentioned to work till say, 1st April, then those
sections will stop working on 1at April itself, though the rest of the sections
will continue to June 1st!
Sir,
the resolution and law under question- would be linked to one another right?
YES!!!
So,
laws made in this provisions are never meant to last they are for specific
period of time. Am I right sir?
YES!!!
If
they last, what will happen has been outlined to you!
Indeed, think of a situation where the union govt
has majority in the RS. It can make laws on all state subjects for eternity!
Then what will the states do? Such a situation, combined with the caveat that,
laws made by the parliament will overide the laws made by the states; will make
the state laws redundent! It will lead to collapse of the constitutional
system!
Sir,
can u give me an example - A case were center makes a temporary law on a state
subject
No law made after 1955 and for laws made till 1955,
they were given permanency. One act whch was made so: Essential commodities
Act! as far as i know! because, no such sitaution came, as far as i know!
Please understand that art 249, is for ALL states,
though it can be restricted to one state too.
It can be any issue of national interest. Eg 1:
temporarily giving the land under the control or union govt for conduction
olympics! after 1 year, the law will cease, so the lands will go back to the
states, as per whatever law they make!
Eg 2: Control of water supply during the olympic
time in all the olympic sports locations. water=state subject.
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