208 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
240 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948
Power of *226. Notwithstanding anything in the fore-
Parliament going provisions of this Chapter, if the Council of
to legislate States has declared by resolution supported by not less
with respect than two-thirds of the members present and voting
to a matter that it is necessary or expedient in the national
in the State interest that Parliament should make laws with 5
List in the respect to any matter enumerated in the State List
national in- specified in the resolution, it shall be lawful for
terest. Parliament to make laws for the whole or any part
of the territory of India with respect to that matter.
10
Power of 227, (1) Notwithstanding anything in this
Parliament to Chapter, Parliament shall, while a Proclamation
legislate with of Emergency is in operation, have power to make
respect to laws for the whole or any part of the territory of
any matter India with respect to any of the matters enumerated 15
in the State in the State List.
List if a Pro-
(2) A law made by Parliament which Parlia- clamation of ment would not but for the issue of a Proclamation Emergency is of Emergency have been competent to make shall, to in operation. the extent of the incompetency, cease to have effect 20
on the expiration of a period of six months after
the Proclamation has ceased to operate, except as
respects things done or omitted to be done before
the expiration of the said period.
Inconsistency **228. Nothing in articles 226 and 227 of this 25
between laws Constitution shall restrict the power of the Legis-
made by lature of a State to make any law which under this
Parliament Constitution it has power to make, but if any provi-
under articles sion of a law made by the Legislature of a State is
226 and 227 repugnant to any provision of a law made by Parlia-
and laws ment which Parliament has under either of the said 30
made by the articles power to make, the law made by Parliament,
Legislatures
of States.
- The Committee is of opinion that power should be provided
for Parliament to legislate with respect to any matter in the State
List when it assumes national importance; and has inserted this
article for the purpose.
** The Committee by a majority has decided that when Parlia-
ment makes a law with respect to any matter in the State List in
the national interest it should be treated as akin to a matter in
the Concurrent List, but Shri Alladi Krishnaswami Ayyar is against
the retention of power of legislation to the States in such cases as
in his opinion the retention of such power would offer a premium
for the union gradually encroaching on the State field and, stri-
king at the federal structure of the constitution.