Article 369 of CoI : 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.
CoI
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Explanation using Example
Example 1:
Scenario: The Indian Parliament decides to regulate the production and distribution of cotton textiles within the state of Gujarat.
Explanation: Normally, the regulation of trade and commerce within a state falls under the State List, meaning only the state government would have the authority to make laws on this matter. However, under Article 369, for a period of five years from the commencement of the Constitution, Parliament has the power to make laws on this matter as if it were in the Concurrent List. This means that during this period, both the Parliament and the state government can make laws regarding the production and distribution of cotton textiles within Gujarat. If Parliament enacts a law regulating this, it will be valid even though it would normally be outside its jurisdiction.
Example 2:
Scenario: Parliament enacts a law to control the supply and distribution of coal in the state of Jharkhand.
Explanation: Coal is typically a matter that would fall under the State List, meaning Jharkhand would have the exclusive right to legislate on it. However, under Article 369, for the first five years after the Constitution commenced, Parliament has the authority to make laws regarding coal as if it were in the Concurrent List. This means that Parliament can enact laws to control the supply and distribution of coal in Jharkhand during this period. If such a law is enacted, it will be valid and enforceable, even though it would normally be beyond Parliament's legislative competence.
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