(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.

 

(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

Debate Summary

Article 229, Draft Constitution, 1948

(1) If it appears to the Legislature or Legislatures of one or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the State or States except as provided in articles 226 and 227 of this Constitution should be regulated in such State or States by Parliament by law, and a resolution or resolutions to that effect is or are passed by the House or, where there are two Houses, by both the Houses of the Legislature of the State or of each of the States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such State or States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.

(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

 

Draft Article 229 (Article 252, Constitution of India 1950) was debated on 13 June 1949. It permitted Parliament to make laws on a subject matter that it does not have the power to make laws on, if one or more State Legislatures passed a resolution to that effect.

 

One member suggested that the Draft Article be amended to allow for the Union Parliament and the State Legislature to repeal or amend the laws made under this Draft Article. In response, another member clarified the Draft Article as it stood allowed for this. The Chairman of the Drafting Committee himself moved another amendment which proposed that Parliament could exercise power under the Draft Article only if two or more (rather than one or more) States jointly passed a resolution to that effect. This amendment was accepted.

 

Draft Article 229 was adopted on 13th June 1949.