Actual Article
Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
- 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.
- Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner as an Act passed or adopted under clause (1).
UPSC Notes for Article 252
Explanation:
- State Initiative for Central Legislation: Article 252 allows the Legislatures of two or more States to request Parliament to legislate on a matter that is normally within the State List. This can only happen if the State Legislatures pass resolutions to that effect.
- Adoption by Other States: Once Parliament enacts a law based on such a request, other States can adopt this law by passing similar resolutions in their Legislatures.
- Amendment and Repeal: Any law passed by Parliament under this article can be amended or repealed by Parliament in the same manner.
Key Points:
- Cooperative Federalism: Article 252 exemplifies cooperative federalism, allowing States to collaborate and request Parliament to legislate on matters of common interest.
- Flexibility: The article provides flexibility for States to address issues that require uniform legislation across multiple States, ensuring consistency and efficiency.
- State Autonomy: While Parliament legislates on the request of States, the decision to adopt the law remains with the individual States, preserving their autonomy.
Important Cases and Commissions Related to Article 252
Cases:
- No specific landmark cases directly interpreting Article 252, as it deals with cooperative legislative processes between States and the Union.
Commissions:
- Sarkaria Commission: Recommended measures to promote cooperative federalism and examined the use of Article 252 in facilitating uniform laws across States.
- Punchhi Commission: Further explored the dynamics of federalism in India and suggested ways to enhance cooperation between States and the Union.
Important Reports Related to Article 252:
- Administrative Reforms Commission: Could have discussed the benefits and challenges of using Article 252 to create uniform legislation across States.
Previous Year Prelims Questions Related to Article 252
- (UPSC Prelims 2016) Under Article 252, how many State Legislatures must pass a resolution for Parliament to legislate on a State List matter?
- A. One
- B. Two or more
- C. Three-fourths of all States
- D. Half of all States Correct Answer: B. Two or more
- (UPSC Prelims 2018) Can other States adopt a law made by Parliament under Article 252?
- A. Yes, by passing a resolution in their Legislature
- B. No, it only applies to the States that initially requested it
- C. Only if approved by the President
- D. Only if it is a financial law Correct Answer: A. Yes, by passing a resolution in their Legislature
Previous Year Mains Questions Related to Article 252
- Mains 2016: “Discuss the significance of Article 252 in promoting cooperative federalism in India. How does it enable States to address common issues through central legislation?”
- Mains 2019: “Evaluate the impact of Article 252 on the legislative autonomy of States. How does it balance the need for uniformity and state-specific governance?”
Additional Insights:
- Uniform Legislation: Article 252 allows for uniform legislation across States on matters of common interest, ensuring that important issues can be addressed cohesively.
- Collaborative Governance: The article promotes collaborative governance by providing a mechanism for States to work together and request Parliament’s intervention on specific legislative matters.
Understanding Article 252 is crucial for UPSC aspirants as it highlights the principles of cooperative federalism and the mechanisms for collaborative legislation between the Union and the States. This knowledge is essential for both preliminary and main examinations, offering insights into the legislative processes and the balance of powers within the Indian federal structure.