Constitution of India · Part XXI: Temporary, Transitional and Special Provisions
Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
In plain words
For five years from the start of the Constitution, Parliament could make laws, as if they were Concurrent List matters, on trade and commerce within a State in, and production, supply and distribution of, textiles, cotton, paper, food-stuffs, cattle fodder, coal, iron, steel and mica, and related offences and court powers. Such laws then lapsed to the extent Parliament was otherwise not competent.
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.
Official text
Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—
(a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court, but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.
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.
Supreme Court judgments citing the article 369
- In Re: Article 370 of the Constitution v. .
- Commissioner (Food Safety), Gnctd v. Sugandhi Snuff King Pvt. Ltd. and Ors
- Union of India v. Sugandhi Snuff King Pvt Ltd & Ors
- West U.P. Sugar Mills Association & Ors. v. The State of Uttar Pradesh & Ors.
- Krishna Kumar Singh & Anr v. State of Bihar & Ors.
- State Bank of India v. Santosh Gupta and Anr. Etc.
- U.P. Cooperative Cane Union Federation v. West U.P. Sugar Mill Association and Ors.
- Kaiser-I-Hind Pvt. Ltd. and Anr. v. National Textile Corporation (Maharashtra North) Ltd. and Ors.
- I.T.C. Limited v. Agricultural Produce Market Committee and Ors.
- K. Janardhan Pillai & Anr. Etc. Etc. v. Union of India & Ors. Etc. Etc.
- Shree Meenakshi Mills Ltd. v. Union of India
- Bennet Coleman & Co. & Ors. v. Union of India & Ors.
- Ch. Tika Ramji & Others, Etc. v. The State of Uttar Pradesh & Others.
- Keshavan Madhava Menon v. The State of Bombay