Constitutional text

(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

Article 249 is one of several emergency mechanisms that allow the Centre to step into state territory. It was used in relation to anti-terrorism legislation that touched on law and order (a State subject). The requirement for a Rajya Sabha two-thirds majority provides a check: the Centre cannot unilaterally decide to encroach on state subjects.

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Last reviewed: 3 July 2026