Part XI - Union-State Relations • Article

Article 252 Simplified: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State

Article 252 allows Parliament to make laws on a State List subject for two or more states if their legislatures pass resolutions requesting Parliament to do so. Other states can later adopt this law by passing a similar resolution. Crucially, such laws can only be amended or repealed by Parliament, not by the state legislatures.

Official Text

(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State. (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

Simple Meaning

Explain Like Ten

If two or more states want the same rule for something like water pollution or forests, they can ask the central government to make a single rule for them. Other states can join in later if they want.

Student Mode

Article 252 represents a unique cooperative federalism mechanism. If two or more state legislatures pass resolutions asking Parliament to make a law on a State List subject, Parliament gains the power to do so for those states. Crucially, any law so passed can only be amended or repealed by Parliament, preventing states from unilaterally altering it.

Example

To protect wildlife across state lines, the legislatures of several states passed consent resolutions under Article 252, prompting Parliament to pass the Wild Life (Protection) Act, 1972. Because it was passed under Article 252, individual states cannot independently dilute or amend this Act.

Key Takeaway

Article 252 enables cooperative federalism by letting states voluntarily delegate their legislative powers to Parliament to achieve uniform laws.

FAQs

Can a state amend a law passed by Parliament under Article 252?

No. Once a state delegates its legislative power to Parliament under Article 252, only Parliament has the power to amend or repeal that law.

What are some real-world examples of laws passed under Article 252?

The Wildlife Protection Act, 1972 and the Water (Prevention and Control of Pollution) Act, 1974 were both enacted using this article.

Quiz

How many states must at minimum pass a resolution to request a law under Article 252?

Answer: Two states

A law enacted under Article 252 can be amended or repealed ONLY by:

Answer: Parliament