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Constitution of India · Part XI: Relations Between the Union and the States · Distribution of Legislative Powers

Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest

In plain words

If the Council of States declares by a resolution supported by at least two-thirds of members present and voting that it is in the national interest, Parliament can make laws on a State List matter (or goods and services tax under article 246A) named in the resolution, for the whole or part of India.

  • The resolution lasts up to one year, and can be renewed for a further year each time in the same way.
  • Such a law stops having effect six months after the resolution ends, except for things already done.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(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 [goods and services tax provided under article 246A or] 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.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 249 lets Parliament legislate on a State List matter in the national interest if the Rajya Sabha passes a resolution, supported by two-thirds of members present and voting, declaring this necessary or expedient. It also covers GST under Article 246A.

Key points

  • The resolution must specify the matter and is passed by the Rajya Sabha, the House that represents the States.
  • It remains in force for up to one year and can be extended by further resolutions, a year at a time.
  • A law made under it ceases to have effect six months after the resolution lapses, except as to things done before.
  • State legislative power is not suspended; conflicts are resolved by Article 251.

Common mistakes

  • Thinking the resolution transfers the subject permanently; it is temporary.
  • Assuming States lose power to legislate on the matter during the resolution.

Read with: Article 251 Constitution, Article 250 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 249