Article 369 of Indian Constitution empowers Parliament temporary authority - for five years from the commencement of the Constitution to legislate on certain State List subjects as if they were in the Concurrent List. This power applies to certain areas such as trade, production, supply and distribution of key commodities like cotton, textiles, foodstuffs, coal, iron and steel. It also extends to related offences, court jurisdiction (excluding the Supreme Court) and fees. After five years, this special legislative power expires, though laws made and actions taken during that period remain valid. Explore in-depth analysis of other Constitutional Articles.

Article 369 of Indian Constitution

Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

1. Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:-- 

• trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), foodstuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica
• offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court

but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the in competency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.

Note: “The information on Article 369 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Download Free PDF Article 369 of Indian Constitution

Article 369 of Indian Constitution serves as a transitional constitutional structure to centralise legislative power over important economic sectors in the early years of the Republic. Normally, matters listed in the State List fall exclusively within the legislative domain of State Legislatures. However, Article 369 of Constitution provides an exception for certain items, temporarily placing them within the ambit of Parliamentary legislation.

Article 369 of the Indian Constitution implies:

• Parliament could override the federal division of powers for certain specified subjects for a limited time.
• The temporary nature of the Article 369 of Indian Constitution reflects the intent of the framers to enable centralized economic control post-independence without permanently disturbing the federal structure.

Article 369 of Indian Constitution Scope

The scope of Article 369 of Indian Constitution is limited to a specific set of subjects listed under clauses (a) and (b), temporarily bringing them under Parliamentary control. These subjects, originally part of the State List, were treated as if they belonged to the Concurrent List for a limited period of five years to ensure uniform regulation and control across the country. The following list down the subjects covered under Clause (a) & (b):

Subjects Covered under Clause (a):

Article 369 of Indian Constitution clause (a) empowers the Parliament to make laws on production, supply and distribution of certain key commodities important to the economy of the nation. These include agricultural goods, essential items and industrial raw materials.

• Textiles and Agriculture: Cotton and woollen textiles, raw cotton, cotton seeds.
• Essential Commodities: Foodstuffs, edible oils, cattle fodder.
• Industrial Goods: Coal, coke, iron, steel, mica.
• Paper Industry: Including newsprint.

Subjects Covered Under Clause (b)

Article 369 of Indian Constitution extends Parliamentary power to make laws on offences related to the subjects in Clause (a) as well as the jurisdiction of courts and associated fees excluding those taken in courts. It ensured legal and administrative consistency in enforcing central laws.

• Offences: Against laws made under Clause (a).
• Judicial Jurisdiction: Jurisdiction and powers of all courts (except the Supreme Court) regarding such matters.
• Fees: Related fee structures (excluding fees taken in courts).

The significance of Article 369 of Indian Constitution under Part XXI lies in its role as a constitutional tool structured to facilitate effective governance during the formative years of independent India. It provided Parliament with temporary legislative competence over key State subjects and ensured a cohesive national strategy for economic regulation and recovery.

• Transitional Centralisation of Power: Article 369 of Constitution enabled the Central Government to regulate important commodities across states in the immediate post-independence period when the country faced economic disarray and food scarcity.
• Addressing Administrative Challenges: Post-Partition India required uniform control over resources and trade for national integration and recovery which justified temporary central intervention in State matters.
• Ensuring Economic Stability: Article 369 of Indian Constitution helped in maintenance of a stable and uniform economic policy, especially for important sectors like textiles, food and metals which were essential for nation-building.
• Strengthening Legal Enforcement: By enabling the Centre to define offences and judicial procedures, it helped in uniform implementation of policies and laws related to these important sectors.

Conclusion

Article 369 of Indian Constitution served as a temporary yet important legislative tool. It allows Parliament to intervene in select State subjects to ensure economic stability and national integration during formative years of the nation. The impact of Article 369 of Constitution was significant in establishing a unified legal and regulatory framework for vital sectors post-independence.