Part XI: Legislative Relations

Article 252: Parliament's Power to Legislate for States by Consent

Original Article:

(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(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

Explanations:

Article 252 allows Parliament to legislate on matters in the State List if two or more States pass resolutions requesting such legislation. This voluntary approach supports cooperative federalism, enabling uniformity in laws across consenting States while respecting their autonomy.

Clause (1): Initiating Central Legislation

The clause empowers States to request Parliament to legislate on specific State List matters for achieving uniformity in regulation. This is beneficial in addressing shared challenges such as environmental protection or disaster management.

Clause (2): Amendment and Repeal of Laws

Once a law is enacted under Article 252, only Parliament can amend or repeal it, ensuring consistency across the States that have adopted the legislation.

Real-Life Examples:

A notable example of Article 252’s application is the Consumer Protection Act, where multiple States sought uniform rules to safeguard consumer rights. Another example is inter-state agreements on water resource management, where Parliament legislates on requests from multiple States.

Historical Significance:

Article 252 reflects India’s federal flexibility, allowing States to address common challenges through centralized legislation while maintaining autonomy in other matters. This provision ensures cooperation without coercion.