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 360
• D. Article 249

Hint:

Emergency Legislation: Article 352 declares the emergency, but Article 250 is the "switch" that gives Parliament the power to pass laws on State List subjects!

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
While Article 352 is the "trigger" (the Proclamation of Emergency), it is Article 250 that explicitly confers the legislative power upon Parliament to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List during the operation of such an emergency.

Step 2: Detailed Explanation:
- Article 250 provides that Parliament can legislate on State List subjects while a Proclamation of Emergency is in force.
- Article 249 refers to legislation in the national interest by the Rajya Sabha, and Article 356 relates to the President's Rule.

Step 3: Final Answer:
The specific authority to legislate on State List matters during an emergency under Article 352 comes from Article 250. Option (B) is correct.

Answer 2

To determine which article gives Parliament the power to legislate on State List subjects once an Emergency under Article 352 is proclaimed, each option can be tested against what that article actually says.

1. Article 356: This provision deals with the failure of constitutional machinery in a state, commonly called President's Rule. It allows the President to take over the administration of a state and, under clause (1)(b), even authorises Parliament to exercise the legislative powers of the state legislature, but this is a wholly separate emergency triggered by breakdown of governance in a particular state, not by a Proclamation under Article 352. It does not answer the question asked.
2. Article 250: This article states in clear terms that while a Proclamation of Emergency is in operation, Parliament shall have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. This is the exact power described in the question, flowing directly from an Article 352 Proclamation.
3. Article 360: This provision governs a Financial Emergency, declared when the financial stability or credit of India is threatened. It empowers the Union to give directions on financial matters such as salary reductions, but it does not confer a general power on Parliament to legislate on the State List. It is not relevant to an Article 352 Proclamation.
4. Article 249: This article allows Parliament to legislate on a State List matter in the national interest, but only after the Rajya Sabha passes a special resolution supported by not less than two-thirds of the members present and voting, declaring it necessary. This is an independent route that operates even without any Emergency and does not depend on Article 352 at all.

Only Article 250 is directly linked to the operation of an Article 352 Proclamation and expressly authorises Parliament to legislate on State List matters during its currency.

Therefore, the correct answer is Article 250.