Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
Article 252 — Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
- 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(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.
Plain English Summary
This article allows the Parliament of India to make a law for two or more states if those states agree and adopt that law. This mechanism is used when Parliament doesn't have the power to legislate on a specific subject for certain states, but the states collectively want a uniform regulation.
Key Points
- Parliament can legislate on a matter for multiple states only if the legislatures of those states agree and pass resolutions for it.
- The resulting central law applies to all those consenting states and any other state that later adopts it by resolution.
- A state cannot amend or repeal the central law that applies to it; only Parliament can do that through another parliamentary act.
Why It Matters
This provision ensures that laws concerning subjects where Parliament normally lacks direct power can be enacted for specific states, promoting uniformity across those regions with their consent.
Landmark Judgements
No major landmark judgements.