Question

Under the scheme of the Constitution of India, once a Proclamation under Article 352 is in operation, Parliament may legislate on matters in the State List by virtue of:

• A. Article 356
• B. Article 250
• C. Article 249
• D. Article 360

Hint:

Remember the distinction:

• Article 249 = Rajya Sabha Resolution.

• Article 250 = National Emergency.

• Article 356 = President's Rule.

• Article 360 = Financial Emergency.

Answer 1

The Correct Option is B

Concept: The Constitution ordinarily divides legislative powers between Parliament and the State Legislatures through the Union List, State List, and Concurrent List. However, during a National Emergency proclaimed under Article 352, the Constitution temporarily enlarges the legislative competence of Parliament.

Step 1: Understanding Article 250.

• Article 250 provides that while a Proclamation of Emergency under Article 352 is in operation, Parliament acquires the power to make laws with respect to any matter in the State List.

• This provision ensures legislative uniformity and enables the Union Government to effectively deal with emergency situations affecting national security or stability.

Step 2: Why the other options are incorrect.

• Article 356 relates to failure of constitutional machinery in a State (President's Rule).

• Article 249 allows Parliament to legislate on State List matters when the Rajya Sabha passes a special resolution in the national interest.

• Article 360 deals with Financial Emergency.

Emergency under Article 352 + State List Legislation = Article 250.

Answer 2

The question asks which Article empowers Parliament to legislate on State List subjects once a Proclamation of Emergency under Article 352 is in force. Each Article named in the options can be checked against its actual subject matter.

1. Article 356: this Article deals with the failure of constitutional machinery in a State, commonly known as President's Rule, it allows the President to assume the functions of the State government in specified circumstances. It is not the source of Parliament's power to legislate on State subjects during a national emergency.
2. Article 250: this Article specifically provides that while a Proclamation under Article 352 is in operation, Parliament has the power to make laws with respect to any matter in the State List, for the whole or any part of India. This is precisely the linkage the question asks about.
3. Article 249: this Article allows Parliament to legislate on a State List matter, but only where the Rajya Sabha, by a special resolution supported by not less than two-thirds of members present and voting, declares that it is necessary in the national interest. This power operates independently of any Article 352 Proclamation.
4. Article 360: this Article deals with a Financial Emergency, arising from a threat to the financial stability or credit of India, and has no connection with the National Emergency proclaimed under Article 352.

Only Article 250 is directly conditioned on an Article 352 Proclamation being in operation; the other three Articles either deal with a different kind of emergency or with a legislative power that arises independently of any Article 352 Proclamation.

So the correct answer is Article 250.