Article 252 of the Indian Constitution provides a mechanism for the Union Parliament to make laws on matters enumerated in the State List. This is an exception to the general rule of federal division of powers, where states have exclusive legislative competence over subjects in the State List. This provision comes into play when two or more states desire that a particular matter of the State List be regulated by a parliamentary law applicable to those states, providing uniformity and potentially greater expertise.
Original Text
252. Power of Parliament to legislate for two or more States by consent
(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 State or States except as provided in articles 249 and 250 should be regulated in such State or 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 afterwards adopted 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(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.
Detailed Explanation
Article 252 is a crucial provision that empowers the Union Parliament to legislate on subjects typically under the domain of state legislatures. It operates under specific conditions and with the consent of the concerned states.
The core of this article lies in the voluntary transfer of legislative power from the states to the Union, but only with respect to a particular matter. The process involves the legislatures of two or more states passing resolutions expressing their desire for Parliament to enact a law on a specific State List subject for those states.
Once such resolutions are passed, Parliament gains the power to legislate on that matter for those consenting states. This enacted law then becomes applicable to these states. Further, any other state can subsequently adopt this law by passing a similar resolution in its legislature.
A critical aspect of Article 252 is that once Parliament has legislated on a matter under this provision, the power to amend or repeal that law rests solely with the Parliament. State legislatures, even those that initially requested the law, are prohibited from amending or repealing it within their jurisdiction. This ensures uniformity and prevents conflicting state-level amendments. Parliament can, however, amend or repeal the law, following the same process of state resolutions if it chooses to make the change applicable to the consenting states.
Detailed Notes
- Conditions for Application:
- Requires resolutions passed by the legislatures of two or more states.
- The resolutions must express a desire for Parliament to legislate on a matter in the State List.
- Parliament lacks the power to legislate on that matter except as provided in Articles 249 and 250.
- Parliament’s Power:
- Parliament gains the power to make laws for those consenting states on that specific State List matter.
- The Act of Parliament applies to the consenting states.
- Adoption by Other States:
- Other states can adopt the parliamentary law later.
- Adoption requires a resolution passed by the legislature of the adopting state.
- Amendment and Repeal:
- An Act passed by Parliament under Article 252 can only be amended or repealed by another Act of Parliament.
- State legislatures cannot amend or repeal such an Act with respect to their state.
- Exclusion of Articles 249 & 250:
- Article 252 doesn’t apply to situations already covered by Articles 249 and 250.
- Article 249: Parliament’s power to legislate with respect to a matter in the State List in the national interest.
- Article 250: Parliament’s power to legislate with respect to any matter in the State List during a Proclamation of Emergency.
- Article 252 doesn’t apply to situations already covered by Articles 249 and 250.
- Nature of Consent:
- The consent given by the states is specific to the subject matter mentioned in their resolutions.
- Parliament’s power is co-extensive with the subject matter consented to.
- Purpose:
- Facilitates uniform legislation on State List matters across multiple states.
- Allows states to benefit from Parliament’s legislative expertise.
- Examples:
- The Wild Life (Protection) Act, 1972, is an example of legislation enacted under Article 252. Several states passed resolutions requesting Parliament to enact a law on the subject of wildlife protection, which falls under the State List.
- The Water (Prevention and Control of Pollution) Act, 1974, is another example of a law enacted under this article.
Additional Comments
- The article promotes cooperative federalism by allowing states to collectively request parliamentary intervention in matters within their domain.
- This provision is an exception to the principle of state autonomy and highlights the flexibility of the Indian federal structure.
- The phrase “in like manner” in clause (2) suggests that amending or repealing the Act would necessitate the same initial process of state resolutions. However, judicial interpretation on this aspect is limited.
Parliament can legislate on State List matters for two or more states if their legislatures pass resolutions requesting it. Other states can adopt the legislation later. The Parliament retains exclusive power to amend or repeal such legislation, maintaining uniformity.