The Constitution of India
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
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: —
(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;
(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.
Why this exists
In 1950, India faced serious shortages of essential goods like food grains, textiles, coal, and steel due to Partition, wartime disruptions, and a fragile economy. Trade and commerce 'within a state' was normally a State List subject, meaning each state could regulate it differently. To allow the central government to coordinate production, pricing, and distribution of critical commodities uniformly across the country during this fragile transition period, the Constituent Assembly added Article 369 as a temporary, five-year override — letting Parliament treat these state subjects as if they were shared (Concurrent List) subjects.
How courts read it
Article 369 was a short-lived, transitional provision that expired on 26 January 1955 and has not generated significant Supreme Court interpretation, since its operative window closed decades ago. Courts have occasionally referenced it in passing while discussing the historical scheme of Union-State legislative powers, but no landmark judgment turns on interpreting its clauses.
Common misconceptions
- Myth: Article 369 still gives Parliament special powers today.
Fact: This power was strictly temporary and expired on 26 January 1955, five years after the Constitution began; it has had no legal effect since then. - Myth: Article 369 permanently moved these subjects to the Concurrent List.
Fact: It only let Parliament treat them 'as if' they were Concurrent List subjects for five years — the actual constitutional lists were never amended.