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

Quick Summary (TL;DR)

Article 369 (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): Special, transitional, and regional development provisions under Part XXI.

In Simple Citizen Words

Article 369 ('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') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: 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...

Key Constitutional Provisions

Constitutional Mandate (Art. 369): Directly codifies the legal rule for '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' under Part XXI

Structured across 1 clause(s) and 3 sub-clause(s) with clear procedural conditions

Backed by independent judicial oversight of the Supreme Court to protect constitutional legality

Exceptions & Reasonable Restrictions

Under Article 372(1), all pre-Constitution laws continue in force only 'subject to the other provisions of this Constitution'—meaning any colonial-era law violating Fundamental Rights can be struck down under Article 13 (as in Navtej Singh Johar, 2018).

Why This Matters in Daily Life

Accommodates India's regional diversity and ensures seamless legal continuity from 1950 to the modern Republic.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Sardar Vallabhbhai Patel & Dr. B. R. Ambedkar

Architects of Asymmetric Federalism & Legal Transition • October 13–17, 1949 & Subsequent Amendments

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 369: Ensuring smooth legal transition from pre-1950 laws and courts (Arts 372–378) while accommodating unique regional, cultural, and developmental needs of frontier and newly integrated States (Art 371 series).

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"Unity in India does not mean uniformity that erases local heritage; our Constitution provides transitional continuity and tailored regional safeguards within one indivisible Republic."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 369: Enacted Part XXI (Articles 369–392) governing transitional legal continuity (Art 372) and regional state safeguards across the Article 371–371J series.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 369 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

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: —

Sub-clause (a)

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), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;

Sub-clause (b)

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 incompetency, 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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

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

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 369 (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) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 369 (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): Special, transitional, and regional development provisions under Part XXI.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

Article 368 Ask Nyaya Saarthi AI About This Article Article 370

Emergency Citizen Helplines

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

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications