The Constitution of India
Temporary power to Parliament to make laws with respect to certain matters in
- Jurisdiction
- India
- Provision
- 369
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourcethe 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.
1. Substituted by the Constitution (Thirteenth Amendment) Act, 1962, s.2, “TEMPORARY AND TRANSITIONAL
PROVISIONS” (w.e.f.1.12.1963).
245 THE CONSTITUTION OF INDIA
(Part XXI. - Temporary, Transitional and Special Provisions)
1
[370. Temporary provisions with respect to the State of Jammu and Kashmir:-
(1) Notwithstanding anything in this Constitution,—
(a) the provisions of article 238 shall not apply in relation to the State of Jammu
and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to—
(i) those matters in the Union List and the Concurrent List which, in
consultation with the Government of the State, are declared by the President to
correspond to matters specified in the Instrument of Accession governing the
accession of the State to the Dominion of India as the matters with respect to
which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the
Government of the State, the President may by order specify.
Explanation:- For the purposes of this article, the Government of the State means the
person for the time being recognised by the President as the Maharaja of Jammu and
Kashmir acting on the advice of the Council of Ministers for the time being in office under
the Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that
State;
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The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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