What is Article 252 of Indian Constitution – Defination & Meaning

Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State (1) If it appears to the
📅 Part XI – Relations Between the Union and the States
🏷️Amended

📚 UPSC Relevant

Article Number

252

part

Part XI – Relations Between the Union and the States

Status

Amended

Bare Acts Text

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

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  • (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.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

Article 252 of the Indian Constitution allows Parliament to make laws for two or more States if they agree. This means that if the legislatures of these States think certain matters should be handled by Parliament, they can pass a resolution. Once this resolution is passed by both Houses of the State Legislatures, Parliament can then create a law that applies to those States. Other States can also adopt this law later if they pass a similar resolution in their own legislatures. This article impacts how laws are made in India, particularly regarding issues that might be too complex for individual States to manage alone. It provides a cooperative framework for States that may face similar challenges and want to legislate in a unified manner. For example, if two neighboring States face pollution issues in the same river, they can collectively ask Parliament to pass a law that addresses this issue effectively. This collaborative approach helps streamline legislation and ensures that solutions are tailored to regional needs. However, there are some exceptions. While Parliament can make laws under this article, it cannot do so for States that do not agree to the legislation. Also, any law made cannot be altered or canceled by individual State legislatures, ensuring that the original intent of the collective agreement is respected. This setup fosters a sense of unity among States while allowing for tailored governance, which is key in a diverse nation like India.

Historical Context

This means that if the legislatures of these States think certain matters should be handled by Parliament, they can pass a resolution. Once this resolution is passed by both Houses of the State Legislatures, Parliament can then create a law that applies to those States. Other States can also adopt this law later if they pass a similar resolution in their own legislatures. This article impacts how laws are made in India, particularly regarding issues that might be too complex for individual States to manage alone.

Key Features

– Parliament can legislate for States with their consent.
– States must pass resolutions to initiate Parliament’s legislation.
– Laws apply to all consenting States and any adopting State.
– Parliament’s laws cannot be changed by individual State legislatures.
– This article promotes cooperative federalism among States

Importance & Impact

– Parliament can address issues affecting multiple States through collective agreement.
– States have control over whether to adopt Parliament’s legislation
– Facilitates uniform laws on shared challenges like pollution or resource management.
– Encourages regional collaboration for effective governance
– Strengthens the federal structure by respecting State autonomy

Sample UPSC Question

Consider the following statements regarding Article 252 of the Indian Constitution: A) It allows Parliament to legislate for any State without their consent. B) States can adopt laws made by Parliament through resolutions. C) Legislatures of two or more States must agree for Parliament to legislate. D) Laws made under this article can be amended by State legislatures. Which of the above statements is/are correct

Answer

The correct answers are B and C. Article 252 requires the consent of State legislatures for Parliament to make laws, ensuring that states have a say in matters affecting them. However, laws made under this article cannot be altered by individual State legislatures.

Key Takeaways

✓ Parliament can legislate for States with their agreement.
✓ Only consenting States are affected by these laws.
✓ States can adopt laws later through resolutions
✓ Laws cannot be changed by State legislatures
✓ Promotes collaboration among States for common issues

FAQs

Article 252 of the Indian Constitution allows Parliament to make laws for two or more States if they agree. This means that if the legislatures of these States think certain matters should be handled by Parliament, they can pass a resolution. Once this resolution is passed by both Houses of the State Legislatures, Parliament can then create a law that applies to those States.

It provides a cooperative framework for States that may face similar challenges and want to legislate in a unified manner. For example, if two neighboring States face pollution issues in the same river, they can collectively ask Parliament to pass a law that addresses this issue effectively. This collaborative approach helps streamline legislation and ensures that solutions are tailored to regional needs.

While Parliament can make laws under this article, it cannot do so for States that do not agree to the legislation. Also, any law made cannot be altered or canceled by individual State legislatures, ensuring that the original intent of the collective agreement is respected. This setup fosters a sense of unity among States while allowing for tailored governance, which is key in a diverse nation like India.

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