Article 252

Article 252 of the Constitution of India provides a unique mechanism for cooperative federal law-making, enabling Parliament to legislate on matters ordinarily within the exclusive domain of State Legislatures. This provision promotes uniformity of laws across States that voluntarily agree to central legislation on specific subjects included in the State List. It stands as an example of consensual delegation of legislative powers from the States to the Union, reflecting the spirit of collaboration within India’s federal framework.

Background and Constitutional Context

Under the normal distribution of powers outlined in Article 246 and the Seventh Schedule, matters in the State List (List II) fall under the exclusive jurisdiction of State Legislatures. Parliament can ordinarily legislate only on subjects in the Union List and the Concurrent List. However, the framers of the Constitution anticipated circumstances where certain subjects in the State List might require uniform regulation across several States for effective governance.
To facilitate this, Article 252 was included in the Constitution. It allows the voluntary transfer of legislative authority from two or more States to Parliament for enacting a common law. This law then applies only to those consenting States and to any other State that later adopts it through a similar resolution.

Text and Structure of Article 252

Article 252 contains two subsections that together define the scope and operation of this legislative process:

• Clause (1):
  • If the Legislatures of two or more States pass resolutions requesting Parliament to make a law on a matter enumerated in the State List, Parliament may enact such a law.
  • The law so made applies only to those States that have passed the resolutions.
  • Any other State may adopt the same law subsequently by passing a similar resolution in its Legislature.
• Clause (2):
  • Once Parliament has enacted a law under this Article, only Parliament has the power to amend or repeal it.
  • The State Legislatures that originally requested or later adopted the law cannot unilaterally modify or repeal it.

This provision thus establishes a special category of central laws that are binding only upon the States that have consented, ensuring both State initiative and central implementation.

Legislative Procedure

The legislative process under Article 252 involves several constitutional steps:

1. Initiation at the State Level:
   • Two or more State Legislatures must pass resolutions, through both Houses where applicable, requesting Parliament to make a law on a specific matter in the State List.
2. Central Legislation:
   • Once the resolutions are received, Parliament enacts a law on the specified subject.
   • The law applies only to the States that initiated the request.
3. Adoption by Other States:
   • Any other State Legislature may later pass a similar resolution adopting the law.
   • Upon adoption, the law becomes applicable to that State as well.
4. Amendment or Repeal:
   • Only Parliament may amend or repeal the law, even for the States that initially proposed it.

This collaborative process ensures a balance between State autonomy and national uniformity, allowing States to benefit from a coordinated legal framework while maintaining control over participation.

Key Examples of Legislation under Article 252

Several important central laws have been enacted using the mechanism of Article 252, including:

• The Wildlife (Protection) Act, 1972 – initially enacted for States that passed resolutions seeking central legislation for wildlife conservation.
• The Water (Prevention and Control of Pollution) Act, 1974 – enacted following resolutions from several States for uniform regulation of water pollution.
• The Urban Land (Ceiling and Regulation) Act, 1976 – created to regulate land use and prevent urban land hoarding across multiple States.
• The Prize Competitions Act, 1955 – enacted to regulate competitions involving monetary rewards.

These examples demonstrate how Article 252 has been used to establish common legal standards in matters requiring regional cooperation.

Judicial Interpretation and Case Law

The judiciary has clarified the nature, scope, and implications of Article 252 in several landmark judgments:

• State of Bihar v. Union of India (1970): The Supreme Court affirmed that when Parliament enacts a law under Article 252, it acts within the constitutional framework of consent-based delegation. The law applies exclusively to the States that requested it, and its validity cannot be challenged on the ground of legislative incompetence.
• Keshavananda Bharati v. State of Kerala (1973): While not directly concerning Article 252, this case established the basic structure doctrine, ensuring that the delegation of powers under such provisions does not undermine the federal character of the Constitution.
• M. Nagaraj v. Union of India (2006): The Court reiterated the principle of balance between Union supremacy and State autonomy, observing that Articles 249, 250, and 252 must be exercised within constitutional limits to preserve federal harmony.

Through these decisions, the Supreme Court has reinforced that Article 252 represents cooperative federalism, rather than coercive centralisation.

Relationship with Other Constitutional Provisions

Article 252 operates in conjunction with other Articles that allow Parliament to legislate on State List matters under special conditions:

• Article 249: Permits Parliament to legislate on State subjects if the Rajya Sabha declares it necessary in the national interest by a two-thirds majority.
• Article 250: Enables Parliament to legislate on State subjects during a National Emergency.
• Article 253: Authorises Parliament to legislate for implementing international agreements.

While Articles 249 and 250 confer extraordinary or temporary powers, Article 252 stands apart as a voluntary and consensual mechanism, initiated by the States themselves.

Constitutional Significance

Article 252 is significant for several reasons:

• Promotes Cooperative Federalism: It encourages States to work collectively with the Centre for the formulation of uniform laws on issues of common concern.
• Respects State Autonomy: The Union’s power under this Article arises only after States voluntarily delegate their legislative competence.
• Ensures Uniformity: It provides a legal framework for achieving consistency in State laws across multiple jurisdictions.
• Facilitates Legislative Efficiency: Avoids duplication of effort when multiple States require similar legislation.
• Enables Flexible Participation: States may choose to adopt or not adopt the law, depending on their specific needs and circumstances.

Thus, Article 252 blends the federal principle of State sovereignty with the unitary need for national coordination.

Limitations and Challenges

While Article 252 is an innovative federal tool, it also presents certain limitations and practical challenges:

• Lack of State Control: Once enacted, the law can only be amended or repealed by Parliament, even for the consenting States.
• Dependence on Consensus: The requirement that at least two States pass resolutions can make the process slow or politically difficult.
• Limited Use: In practice, the provision has been used sparingly due to procedural complexity and the reluctance of States to delegate authority.
• Rigid Amendment Process: States wishing to modify the law later must rely on Parliament’s discretion.

These constraints have somewhat limited the wider application of Article 252 despite its potential for fostering inter-State coordination.

Practical and Administrative Implications

The operation of Article 252 has important administrative consequences:

• It enables efficient policy implementation in areas requiring uniform standards, such as environmental protection or industrial regulation.
• It allows for shared responsibility between the Centre and States, with administrative functions often carried out by State authorities under central legislation.
• It enhances inter-State cooperation on matters transcending regional boundaries, such as pollution control and wildlife conservation.