Constitution Section 249 — Power of Parliament to legislate with respect to a matter in the State List in the national interest
Part XI — RELATIONS BETWEEN THE UNION AND THE STATES — Distribution of Legislative Powers
Constitutional
Summary
If the Rajya Sabha (Council of States) passes a resolution supported by at least two-thirds of the members present and voting, declaring that it is necessary in the national interest for Parliament to make laws on goods and services tax under article 246A or on any matter listed in the State List that is specified in the resolution, then Parliament can make laws on that matter for the whole or any part of India while the resolution is in force. Such a resolution remains in force for up to one year, as specified in it, and can be renewed for additional one-year periods by passing another resolution in the same way. Any law made by Parliament under this power that it would not otherwise have been able to make will stop having effect six months after the resolution ceases to be in force, except for things already done or not done before that period ends.
Official 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 goods and services tax provided under article 246A or 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.
(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) 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 resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.