Question

Which of the following statements are correct regarding the legislative powers during a national emergency?

(i) The Parliament can legislate on State List matters during a proclamation of national emergency under Article 250.
(ii) Laws made by Parliament under Article 250 remain in force indefinitely after the emergency ceases.
(iii) The state legislature’s power to legislate on the same matter is not restricted during a national emergency.

• A. Only (i) and (iii)
• B. Only (ii) and (iii)
• C. Only (i) and (ii)
• D. All are correct

Answer 1

Answer:

A. Only (i) and (iii)

Impact of National Emergency on Legislative Powers

• During a National Emergency (proclaimed under Article 352 of the Indian Constitution), the federal structure of India undergoes a significant transformation, effectively becoming unitary.
• This transformation impacts the normal distribution of legislative powers between the Union and the States.

Parliament's Power to Legislate on State List Matters

• Under Article 250, during a Proclamation of Emergency, the Parliament acquires the power to make laws on any matter enumerated in the State List.
• This power extends to the entire territory of India or any part thereof, even if that matter is ordinarily exclusively within the legislative competence of the State Legislatures.
• This provision is crucial as it allows the Union government to address issues across the country comprehensively during a crisis.

Duration of Laws Made Under Article 250

• Laws made by Parliament under Article 250 during a national emergency are not permanent.
• Such laws cease to have effect on the expiration of six months after the Proclamation of Emergency has ceased to operate.
• This ensures that the special powers exercised by Parliament during an emergency are temporary and revert to the normal distribution of powers once the emergency ends.

State Legislature's Power During National Emergency

• Despite Parliament gaining the power to legislate on State List matters under Article 250, the power of the State Legislature to make laws on the same subject is not suspended or restricted.
• State Legislatures can continue to make laws on matters in the State List. However, if there is a conflict between a State law and a Parliamentary law on the same subject made under Article 250, the Parliamentary law will prevail to the extent of the repugnancy.
• This provision maintains the legal existence and functioning of state legislative bodies even during a national emergency, though their laws might be overridden by central legislation.

Key Articles and Facts for Competitive Exams

• Article 352: Deals with the Proclamation of National Emergency.
• Article 249: Allows Parliament to legislate on a State List subject if the Rajya Sabha declares it expedient in the national interest (requires a 2/3rd majority vote). This is different from Article 250 as it doesn't require an emergency.
• Article 252: Allows Parliament to legislate for two or more states by their consent on State List matters.
• Article 253: Empowers Parliament to make any law for implementing any international treaty, agreement, or convention, even if it relates to a State List matter.
• The legislative powers during a national emergency illustrate the flexible nature of India's federal system, which can transform from federal to unitary depending on the circumstances.