Article 249 of Indian Constitution : Historical, Legislative Process
Article 249 of the Indian Constitution grants the Parliament the power to legislate on matters enumerated in the State List under certain circumstances. This provision is significant as it allows the central government to intervene and make laws on subjects that are typically within the jurisdiction of state governments, ensuring a unified approach to issues of national importance.
Importance in the Indian Constitution
Article 249 plays a crucial role in maintaining the balance of power between the central and state governments in India. It empowers the Parliament to make laws on state subjects when it is deemed necessary for the national interest, provided that the Rajya Sabha (Council of States) passes a resolution by a two-thirds majority. This mechanism ensures that while states have autonomy over their respective subjects, the central government can step in to address issues that require a cohesive national policy, thereby fostering national unity and addressing critical concerns effectively.
Historical Background
Constituent Assembly Debates
- During the drafting of the Indian Constitution, the Constituent Assembly engaged in significant debates at the distribution of legislative powers among the Union and the States. The framers have been eager to create a federal shape that balanced local autonomy with the want for a sturdy important authority. Article 249 of the Indian Constitution emerged from those discussions as a compromise, permitting the important authorities to legislate on nation topics beneathneath unique circumstances.
- Key figures like Dr. B.R. Ambedkar, the chairman of the Drafting Committee, emphasised the want for the sort of provision to make sure that the important authorities should cope with troubles of country wide significance that could get up unexpectedly. The Assembly diagnosed the capability want for unified movement in regions commonly beneathneath nation jurisdiction, for this reason supplying a mechanism for the important authorities to legislate on nation subjects while required.
Evolution of the Provision
- The idea of permitting a government to legislate on local subjects is rooted withinside the Government of India Act of 1935, which furnished a comparable electricity to the British Parliament. This legacy motivated the Indian Constitution`s framers, who sought to conform and refine this provision for the brand new federal shape of India.
- Article 249 of the Indian Constitution has advanced to cope with diverse demanding situations in a numerous and populous nation. It is invoked while it turns into vital to cope with troubles which have wider implications than a unmarried nation, making sure that the legislative reaction is constant throughout the country.
Text of Article 249
The textual content of Article 249 of the Indian Constitution of the Indian Constitution is as follows:
- 249. Power of Parliament to legislate with recognize to a rely withinside the State List withinside the countrywide hobby
- Notwithstanding something withinside the foregoing provisions of this Chapter, if the Council of States has declared via way of means of decision supported via way of means of now no longer much less than two-thirds of the participants gift and balloting that it’s miles important. or expedient withinside the countrywide hobby that Parliament have to make legal guidelines with recognize to any rely enumerated. withinside the State List special withinside the decision, it will be lawful for Parliament to make legal guidelines for. the entire or any a part of the territory of India with recognize to that rely even as the decision stays in force.
Detailed Explanation
Key Clauses and Phrases
- “Notwithstanding something withinside the foregoing provisions of this Chapter”
- This word suggests that the powers granted below Article 249 of the Indian Constitution are exceptions to the overall distribution of legislative powers among the Union and State governments mentioned withinside the previous articles.
- “Council of States has declared via way of means of decision supported via way of means of now no longer much less than two-thirds of the participants gift and balloting”
- The Rajya Sabha (Council of States) have to byskip a decision with a two-thirds majority of participants gift and balloting. This guarantees that any such decision has full-size guide and isn’t always taken lightly.
- “It is important or expedient withinside the countrywide hobby”
Scope and Extent of Powers
Legislation on State List Matters
- Article 249 of the Indian Constitution presents the Parliament the authority to legislate on topics indexed withinside the State List, which generally fall below the distinct jurisdiction of country legislatures. This is an superb provision permitting the relevant authorities to step in for unified countrywide law while required.
Duration and Extension of Legislative Powers
- The preliminary decision permitting Parliament to legislate on State List subjects is legitimate for a duration certain withinside the decision, now no longer exceeding one year. This duration may be prolonged with the aid of using passing extra resolutions, every legitimate for up to 1 year, making sure that such relevant legislative intervention stays brief and situation to periodic review.
Scope of Legislation
- The Parliament`s legislative energy below Article 249 of the Indian Constitution extends to the entire or any a part of the territory of India, making sure that the regulation applies uniformly throughout the states involved or selectively to particular areas if required.
Temporary Effect of Laws
- Laws enacted below the authority of Article 249 of the Indian Constitution stop to have impact six months after the decision permitting such law expires. This provision guarantees that the relevant intervention is brief, and states regain their legislative autonomy over the required topics after the stipulated duration, besides for moves already taken below the regulation.
Conditions for Invocation
Resolution with the aid of using the Rajya Sabha
- A decision ought to be surpassed with the aid of using the Rajya Sabha (Council of States) affirming that it’s far vital or expedient withinside the countrywide hobby for Parliament to legislate on a be counted withinside the State List. This decision calls for the guide of now no longer much less than two-thirds of the participants gift and voting, indicating a sizable consensus a number of the states represented withinside the Rajya Sabha.
Procedural Requirements
Resolution with the aid of using the Council of States
Initiation
- The procedure starts with the creation of a decision withinside the Rajya Sabha (Council of States). This decision should claim that it’s far important or expedient withinside the country wide hobby for Parliament to legislate on subjects enumerated withinside the State List.
Debate and Discussion
- The decision is concern to discuss and dialogue withinside the Rajya Sabha. Members can explicit their perspectives on the need and expedience of critical rules on the required nation subjects. This guarantees a complete assessment of the decision`s implications.
Voting
- After the debate, the decision is placed to vote. All participants gift withinside the Rajya Sabha take part withinside the vote casting procedure.
Documentation
- Once passed, the decision is officially documented and communicated to the applicable authorities, which includes the Lok Sabha and the President of India. This guarantees transparency and right record-keeping.
Majority Requirements
Two-thirds Majority
- For the decision to pass, it should be supported with the aid of using now no longer much less than two-thirds of the participants gift and vote casting withinside the Rajya Sabha. This excessive threshold guarantees that this kind of big step has significant aid and isn’t always taken lightly.
Members Present and Voting
- The two-thirds majority is calculated primarily based totally at the quantity of participants gift and vote casting on the time of the decision. Abstentions and absences do now no longer matter closer to the overall quantity for the cause of calculating the majority. For example, if one hundred fifty participants are gift and vote casting, at the least one hundred participants should aid the decision for it to pass.
Legislative Process Under Article 249
Introduction of Resolution in Rajya Sabha
- The legislative system below Article 249 of the Indian Constitution starts with the creation of a decision withinside the Rajya Sabha (Council of States). This decision should specify the problem or subjects withinside the State List that Parliament need to legislate on and claim that it’s far vital or expedient withinside the country wide interest.
Debate and Voting in Rajya Sabha
- The decision is debated withinside the Rajya Sabha. Members talk the need and implications of permitting Parliament to legislate on the required kingdom subjects. The decision should then be surpassed through a two-thirds majority of the individuals gift and voting.
Communication of Resolution
- Once the decision is surpassed through the Rajya Sabha, it’s far officially communicated to the Lok Sabha (House of the People) and the President of India. This conversation is critical for transparency and for the following steps withinside the legislative system.
Introduction of Legislation in Parliament
- With the decision surpassed, the Parliament (each Rajya Sabha and Lok Sabha) is empowered to introduce law on the required kingdom subjects. Bills may be delivered in both residence of Parliament, detailing the proposed legal guidelines at the subjects certain withinside the decision.
Debate and Passage of Bills
- The proposed payments are debated in each homes of Parliament. Members of Parliament (MPs) talk the merits, implications, and information of the proposed law. Amendments may be proposed and voted upon.
Approval through Both Houses
- The payments should be permitted through each the Rajya Sabha and the Lok Sabha. This follows the usual legislative procedure, wherein a majority vote in each homes is needed for the passage of the payments.
Duration of Laws Made Under Article 249
Initial Period of Resolution
- The decision exceeded through the Rajya Sabha beneathneath Article 249 of the Indian Constitution is to start with legitimate for a length now no longer exceeding one year. This time restrict is distinctive in the decision itself, making sure that the principal intervention is time-sure and difficulty to periodic review.
Effectiveness of Laws
- Laws enacted through Parliament beneathneath the authority of Article 249 of the Indian Constitution stay powerful at some point of the decision. Once the decision expires, the legal guidelines hold to stay in impact for an extra six months.
Cessation of Effect
- If the decision isn’t always renewed, the legal guidelines made beneathneath it end to have impact after the six-month grace length following the expiration of the decision. This cessation applies besides for movements already taken or rights already collected beneathneath the regulation for the duration of its length of validity.
Passing of a New Resolution
- The Rajya Sabha can make bigger the validity of the preliminary decision through passing a brand new decision earlier than the modern-day one expires. This new decision have to additionally claim that it’s miles important or expedient withinside the countrywide hobby for Parliament to hold legislating on the required country matters.
Majority Requirement
- Similar to the preliminary decision, the extension decision calls for the assist of now no longer much less than two-thirds of the participants gift and vote casting withinside the Rajya Sabha. This excessive threshold guarantees that the extension is justified and has enormous assist.
Duration of Extension
- Each extension Article 249 of the Indian Constitution decision can specify an extra length now no longer exceeding one year. This approach that the Rajya Sabha can hold to resume the decision on an annual basis, supplied it meets the desired majority and maintains to justify the need of principal law on the required matters.
Comparison with Other Articles
Article 250 and its Relevance
- Power of Parliament to legislate with admire to any depend withinside the State List if a Proclamation of Emergency is in operation
Context of Emergency
- Article 250 empowers Parliament to legislate on any depend withinside the State List whilst a Proclamation of Emergency is in operation. This is wonderful from Article 249 of the Indian Constitution, which calls for a decision with the aid of using the Rajya Sabha asserting that it’s miles vital withinside the country wide hobby for Parliament to legislate on specific kingdom subjects.
Scope of Legislation
- Under Article 250, Parliament can legislate on all subjects withinside the State List in the course of an Emergency, presenting large legislative powers. Article 249 of the Indian Constitution, in contrast, lets in for law on particular subjects withinside the State List as recognized withinside the decision.
Duration of Legislation
- Laws made below Article 250 give up to have impact six months after the Proclamation of Emergency has ceased to operate. This is just like the grace duration supplied below Article 249 of the Indian Constitution, in which legal guidelines maintain for 6 months after the decision expires.
Relevance
- Article 250 is applicable in the course of instances of country wide crises whilst fast and complete legislative motion is wanted throughout all states. Article 249 of the Indian Constitution is invoked in eventualities in which particular problems of country wide hobby require principal law, with out the context of an emergency.
Judicial Interpretations
Key Supreme Court Judgments
K.C. Gajapati Narayan Deo v. State of Orissa (1953)
- Overview: This case concerned the translation of the scope of legislative powers below Article 249 of the Indian Constitution. The Supreme Court held that the electricity of Parliament to legislate on topics withinside the State List, as in keeping with Article 249 of the Indian Constitution, is brilliant and ought to be exercised in a way steady with the countrywide interest.
- Significance: The judgment clarified that the decision of the Rajya Sabha is a prerequisite for Parliament to workout this electricity, emphasizing the need of the decision in invoking Article 249 of the Indian Constitution.
State of Rajasthan v. Union of India (1977)
- Overview: In this situation, the Supreme Court tested the validity of valuable legal guidelines enacted below Article 249 of the Indian Constitution. The courtroom docket upheld the valuable legislation, noting that the Rajya Sabha`s decision become legitimate and according with the constitutional provisions.
- Significance: The ruling bolstered the precept that Parliament`s electricity to legislate on State List topics below Article 249 of the Indian Constitution is contingent upon a nicely surpassed decision and that such valuable intervention is legitimate if it follows the constitutional approaches.
S.R. Bommai v. Union of India (1994)
- Overview: While more often than not addressing the imposition of President’s Rule and its implications, this situation additionally touched upon the scope of valuable legislative powers, inclusive of the ones below Article 249 of the Indian Constitution. The Court emphasised the want for adherence to constitutional provisions whilst valuable legal guidelines have an effect on nation topics.
- Significance: This judgment highlighted the significance of adhering to the constitutional limits and approaches whilst valuable powers are exercised, inclusive of the ones below Article 249 of the Indian Constitution.
Freqently Asked Questions (FAQs)
Q1: What is Article 249?
Ans. Article 249 of the Indian Constitution allows Parliament to legislate on matters in the State List if the Rajya Sabha (Council of States) passes a resolution declaring that it is necessary or expedient in the national interest for such legislation.
Q2: How does Article 249 work?
Ans.
- Resolution: The Rajya Sabha must pass a resolution by a two-thirds majority of members present and voting.
- Legislation: Once the resolution is passed, Parliament can make laws on the specified state matters.
- Duration: The resolution is valid for up to one year, and the laws remain in effect for an additional six months after the resolution’s expiration unless extended.
Q3: What is the purpose of Article 249?
Ans. Article 249 allows for central intervention in state matters when it is deemed necessary for national interest. It provides a mechanism for addressing issues that may require uniform legislation across states.
Q4: What is the role of the Rajya Sabha in Article 249?
Ans. The Rajya Sabha initiates and passes the resolution required for Parliament to legislate on state matters under Article 249. This resolution must be supported by a two-thirds majority of the members present and voting.
Q5: What are the conditions for extending laws made under Article 249?
Ans. To extend the validity of laws made under Article 249, the Rajya Sabha must pass a new resolution before the current one expires. The new resolution also requires a two-thirds majority.