Question

Which Article allows Parliament to legislate on a subject in the State List during a National Emergency?

• A. Article 250
• B. Article 256
• C. Article 254
• D. Article 352

Answer 1

Answer:

A. Article 250

Legislative Powers of Parliament under Emergency

• Article 250 empowers the Parliament to legislate on any subject enumerated in the State List when a Proclamation of Emergency is in operation.
• Normally, the State Legislature has exclusive power to make laws on matters contained in List II (State List) of the Seventh Schedule.
• When an emergency under Article 352 is in force, the legislative competence of the Parliament extends to the entire country, including matters exclusively reserved for states.
• The laws made by Parliament under this provision become inoperative to the extent of incompetency after six months have elapsed since the proclamation of emergency has ceased to operate.

Related Constitutional Provisions

• Article 249: Empowers Parliament to legislate on State List subjects if the Rajya Sabha passes a resolution supported by a two-thirds majority stating it is in the national interest.
• Article 252: Allows Parliament to legislate for two or more states if requested by the Legislatures of those states through a resolution.
• Article 253: Grants Parliament the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or countries, regardless of State List entries.