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Constitution of India · Part XI: Relations Between the Union and the States · Distribution of Legislative Powers

Article 250: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

In plain words

While a Proclamation of Emergency is in operation, Parliament can make laws for the whole or any part of India on any State List matter, or on goods and services tax under article 246A. Such a law stops having effect six months after the Emergency ends, except for things already done.

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.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to [goods and services tax provided under article 246A or] any of the matters enumerated in the State List.

(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency 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 Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

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.

Understanding this article

Article 250 gives Parliament power to legislate on any State List matter (and GST) while a Proclamation of Emergency under Article 352 is in operation. Such laws lapse six months after the Emergency ends, to the extent Parliament would otherwise lack competence.

Key points

  • Only a national Emergency under Article 352 triggers this power; President's Rule under Article 356 is handled by Article 357.
  • No resolution of either House is needed.
  • The State Legislature retains its own power, subject to Article 251.
  • Things done during the Emergency remain valid after the law lapses.

Common mistakes

  • Confusing Article 250 (national Emergency) with Article 357 (State Emergency).

Read with: Article 352 Constitution, Article 251 Constitution, Article 357 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 250