Article 252 of Indian Constitution: Parliament to legislate for two or more States

Article 252 allows Parliament to make laws for two or more states if they agree, and other states can adopt them. This helps create uniform laws on state matters and supports cooperative federalism. Explore in-depth analysis of other Constitutional Articles.

Article 252 of Indian Constitution

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(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Under Indian Constitution, Through Article 252 Parliament obtains the capability to create laws about State List matters whenever two or more state legislatures express their wish by passing necessary resolutions. This mechanism creates consistent legislation across states that agree to participate on certain topics. Once Parliament enacts such a law then it is applicable only to those states that have passed the resolution. Other states can adopt the legislation later by passing similar resolutions in their legislatures. Importantly, only Parliament can amend or repeal these laws; individual state legislatures lack the authority to do so concerning their application within their states.

Landmark Cases or Judgments of Article 252 of Indian Constitution

The decision of the Supreme Court of India in the case of M/S R.M.D.C. (Mysore) Pvt. Ltd. v. State of Mysore is a prominent case in interpreting Article 252 despite the scarcity of landmark judgments on the matter. (Mysore) Pvt. Ltd. v. State of Mysore is noteworthy. The Supreme Court in its 1961 decision examined whether the State of Mysore had the legislative power to tax prize competitions. States maintain their taxation powers under Entry 62 of the State List even when they pass resolutions under Article 252 to allow Parliament to legislate on certain matters. The judgment confirmed that states maintain their power to impose taxes on subjects within their domains despite Parliament's authority to legislate on these issues under Article 252.

The essential value of Article 252 originates from its capability to let states harmonize legislation for specific matters without Constitutional modifications. Establishing consistent standards in environmental rules and commercial guidelines becomes easier through this approach across different state jurisdictions. Through Article 252 Parliament can develop state subjects legislation when states approve the laws through their permission framework.

Developments and Amendments of Article 252 of Indian Constitution

Article 252 has changed little since adoption, as it has a specific and limited role. It helps create uniform laws for consenting states. For example, Parliament used it to pass the Urban Land (Ceiling and Regulation) Act, 1976, which aimed to prevent land hoarding and ensure fair distribution.

Conclusion

Article 252 of Indian Constitution serves as a fundamental tool to maintain uniform legislation across states on specific topics and the authority enables Parliament to legislate on matters typically reserved for states given they obtain state consent thus preserving state legislative autonomy while forming nationwide legal consistency. Through adaptable legislative collaboration Indian federalism demonstrates cooperative values between states and the central government.