(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds of the members present and voting that it is necessary or expedient in the 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.

Debate Summary

Article 226, Draft Constitution, 1948

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 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.

 

Draft Article 226 (Article 249, Constitution of India, 1950) was debated on 13 June,1949. It permitted the Parliament to make laws on subjects in the state list in national interest if a resolution is passed to that effect by the Council of States.

 

A member proposed to amend the Draft Article, to provide for time limit for the application of the laws made by the Parliament in accordance with the Draft Article. The proposed amendment provided that the law will be valid for a period of one year unless, it is extended by the Council of States for an additional period of one year. Further, the proposed amendment also provided that the law made by the Parliament, to the extent it is valid only in accordance with the Draft Article, will cease to operate after a period of six months from the date of expiry of its validity under the resolution passed in accordance with the Article. While some members were of the opinion that the Draft Article was not necessary, some members urged that the amendment reduces the rigour of the Draft Article. The amendment was accepted.

 

Draft Article 226, as amended was adopted on 13th June,1949.

 

Subsequently, a minor amendment to Article 249 was adopted on 16 September 2016 whereby permitting the Parliament to make laws on in relation to goods and services tax.