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
Why
Correct — A. Article 250 provides that while a Proclamation of Emergency is in operation, Parliament may make laws for the whole or any part of India on any matter in the State List.
Such a law ceases to have effect six months after the Proclamation stops operating, except for things done or omitted before that period ends.
Why the others are wrong
- (b)Article 256 — Article 256 is an executive duty, not a legislative power: every State must use its executive power to ensure compliance with Parliament's laws, and the Union may give directions for that purpose.
- (c)Article 254 — Article 254 settles conflicts: where a State law on a Concurrent List subject is repugnant to a Union law, the Union law prevails unless the State law has the President's assent.
- (d)Article 352 — Article 352 is the Proclamation of National Emergency itself. It is the trigger, while the power to legislate on State List matters during the Emergency comes from Article 250.
Concept
Normally Parliament cannot legislate on State List subjects. The Constitution opens that door in set cases:
Article 249: a Rajya Sabha resolution in the national interest.
Article 250: a National Emergency in operation.
Article 252: a request by two or more State legislatures.
Article 253 adds laws to implement international agreements. Under Article 251, a State law repugnant to a Union law made under Article 249 or 250 gives way to it, to the extent of the repugnancy.
Article 250 needs no Rajya Sabha resolution. The Proclamation itself opens the State List to Parliament, which is what separates it from Article 249.
Key facts
- Article 250: while a Proclamation of Emergency is in operation, Parliament may legislate on any State List matter.
- Such laws cease to have effect six months after the Proclamation stops operating.
- Article 249: Parliament may legislate on a State List matter in the national interest after a Rajya Sabha resolution backed by two-thirds of members present and voting.
- A Proclamation of National Emergency under Article 352 must be approved by each House of Parliament within one month.
Study next
Common traps
- Choosing Article 352 because it is the Emergency Article, when it proclaims the Emergency and Article 250 grants the legislative power.
- Confusing Article 250 (Emergency) with Article 249 (Rajya Sabha resolution), which also opens the State List to Parliament.
The stem names a power and asks its Article, with neighbouring Articles as distractors.
Approval of a National Emergency is asked at 12 Sep 2025, 16:00, GA Q.15 (keyed: within one month), and Article 256 at 14 Sep 2025, 12:30, GA Q.15.
Article 249 is asked at 17 Sep 2025, 09:00, GA Q.15, and Article 254 repugnancy at Tier-II Paper-I, 19 Jan 2026, 11:00, GA Q.1.
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