Article 252 of the Costitution of India with Case law

13 Jun 2025 --
0 Comments

Article 252 of the Constitution of India

— Power of Parliament to legislate for two or more States by consent

📜 Text of Article 252:

(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 those States by Parliament, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, Parliament may then make laws for those States on that matter.
(2) Any Act so passed by Parliament shall apply to only those States which passed such resolutions, but any other State may adopt it later by passing a resolution in its Legislature.
(3) Amendment or repeal of such law by Parliament requires a similar resolution from the States concerned.

🧾 Essence of Article 252:

Feature	Description
Scope	Covers State List subjects
Who initiates?	Two or more State Legislatures pass a resolution
Power transferred to	Parliament, by consent of the States
Binding on States?	Only on the consenting/adopting States
Amendment/Repeal?	Parliament can amend/repeal only with States' consent

📚 Examples of Laws Enacted Under Article 252:

The Prize Competitions Act, 1955

The Wildlife (Protection) Act, 1972

Initially applied to states that passed the resolution; later adopted by others.

Water (Prevention and Control of Pollution) Act, 1974

Air (Prevention and Control of Pollution) Act, 1981

The Urban Land (Ceiling and Regulation) Act, 1976 (now repealed)

⚖️ Important Case Laws on Article 252:

🧑‍⚖️ 1. State of Tamil Nadu v. Adhiyaman Educational & Research Institute

Citation: (1995) 4 SCC 104

Issue: Whether Parliament could legislate on a State subject due to Article 252.

Held:

When two or more states consent by resolution, Parliament gets legislative competence over the matter for those states.

The law applies only to consenting states unless adopted by others.

Key Point: Confirms the consensual and limited nature of such legislation.

🧑‍⚖️ 2. Thummala Krishnamurthy v. E.O., Municipal Corporation of Hyderabad

Citation: AIR 1988 SC 1232

Held:

Adoption by another State of a law passed under Article 252 is valid and constitutional even after a significant time gap.

Significance: Article 252(2) allows flexibility for States to adopt the law later.

🧑‍⚖️ 3. Union of India v. Valluri Basavaiah Chaudhary

Citation: AIR 1979 SC 1415

Issue: Whether a law made under Article 252 can be challenged on lack of competence.

Held:

Once States pass resolutions, Parliament’s competence is clear and cannot be challenged.

Key Takeaway: Consent grants full legislative authority to Parliament.

🧑‍⚖️ 4. Hoechst Pharmaceuticals Ltd. v. State of Bihar

Citation: (1983) 4 SCC 45

Referred to Article 252 in the context of distribution of legislative powers.

Confirmed: Federal structure allows flexibility and cooperation, like in Article 252.

✅ Key Takeaways:

Feature	Details
Type of Power	Delegated legislative power
Requires Consent of	At least two State Legislatures
Used For	Matters in State List (e.g., pollution control, education)
Binding On	Only States which passed/adopted resolution
Repeal/Amendment	Requires fresh State resolutions
Judicial Review	Parliament’s competence cannot be challenged once consent given

🔍 Comparison: Article 252 vs Article 249

Article	Parliament Power Based On	Applies To
252	State Resolution (2 or more)	Only consenting/adopting states
249	Rajya Sabha Resolution (2/3 majority)	Entire country (on State List item)