Constitution of India

Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State

Part XI — Relations between the Union and the States (Chapter I — Legislative Relations)

Clause (1)

WHAT IT SAYS: If legislatures of two or more States pass resolutions requesting Parliament to legislate on a State List matter, Parliament may pass a law on that subject; the law applies only to consenting States, and any other State may adopt it later by passing a similar resolution. WHAT IT MEANS: 1. States voluntarily cede legislative competence on a State List subject to Parliament. 2. Minimum TWO states must pass resolutions — one state alone is insufficient. 3. Resolutions must be passed by ALL Houses of each State Legislature (both Assembly and Council, where applicable). 4. The Governor is NOT part of 'Legislature' for this purpose — only the House(s) pass the resolution. 5. Other States can adopt the law later — no time limit for adoption. 6. Parliament is NOT bound to exhaust the entire legislative field — it may legislate partially. KEY DOCTRINE: Cooperative Federalism / Consensual Delegation — States voluntarily delegate power to Parliament without a Constitutional amendment.

Clause (2)

WHAT IT SAYS: Any Act passed by Parliament under Clause (1) may be amended or repealed only by Parliament (following the same procedure); no State Legislature can amend or repeal such an Act. WHAT IT MEANS: 1. Once States cede legislative power, they CANNOT unilaterally take it back by state legislation. 2. Only Parliament can amend or repeal — the same consent-based procedure applies. 3. States that have adopted the law are equally bound — no exit by state legislative action. 4. However, States do NOT lose their separate taxing powers under distinct List II entries. KEY DOCTRINE: Irrevocability of Delegation (limited) — Once Parliament legislates, the field is occupied and only Parliament can vacate it, though the delegation is limited to the specific subject of the resolution, not all related entries.

Constitutional Inspiration

SOURCE(S): 1. Government of India Act, 1935 — Section 103 Original provision: Section 103 empowered the Federal Legislature to legislate on Provincial List subjects when two or more Provincial Legislatures passed resolutions inviting it to do so. What India kept: The basic mechanism of consent-based cooperative legislation from provinces/states to the Centre was retained almost verbatim. 2. Australian Constitution — Section 51(xxxvii) Original provision: Australian States can refer matters to the Commonwealth Parliament by passing enabling legislation. What India kept: The concept that states can voluntarily refer their exclusive legislative subjects to the central legislature. INDIA'S SPECIFIC ADAPTATIONS: 1. Minimum two-state requirement — Added by Dr. Ambedkar during CAD debates to prevent a single state from shifting its responsibilities to Parliament. 2. Adoption mechanism for non-requesting states — Allows other states to later adopt the law without fresh parliamentary action, promoting gradual nationwide uniformity. 3. Exclusive parliamentary control over amendment/repeal — Ensures legislative consistency and prevents fragmentation once Parliament has legislated on the subject.

Constituent Assembly Debate

DEBATED ON: 13 June 1949 (CAD Volume VIII) Draft Article Number: 229 KEY SPEAKERS: 1. Dr. B.R. Ambedkar (Bombay, Chairman of Drafting Committee) — Moved a crucial amendment changing 'one or more States' to 'two or more States', ensuring Parliament's power under this article cannot be triggered by a single State alone. 2. Mr. Tajamul Husain (Bihar) — Proposed an amendment to Clause (2) suggesting that State Legislatures should also be able to amend or repeal laws made under this article. 3. T.T. Krishnamachari (Madras) — Referenced Article 229 while discussing Article 226 (now Art. 249), explaining that Art. 229 provided a cooperative alternative to the more centralizing Art. 226. MAJOR DISAGREEMENTS: 1. Single-State vs. Multi-State trigger — The original draft allowed even ONE State to invite Parliament to legislate. Ambedkar himself amended this to require TWO or more States, to safeguard state autonomy. 2. State power to amend/repeal — Tajamul Husain wanted State Legislatures to retain power to amend or repeal such laws. The Drafting Committee clarified that Clause (2) already addressed this adequately and the amendment was not accepted. FINAL OUTCOME: Ambedkar's amendment (two or more States) was accepted; the article was adopted with this key change from the original draft. AMBEDKAR'S KEY QUOTE: Explained that under his amendment 'it would be open to invoke the aid of Parliament to make a law only if two or more States join, and send a resolution.'

Landmark Judgments

LANDMARK JUDGMENTS: 1. R.M.D.C. (Mysore) Pvt. Ltd. v. State of Mysore (AIR 1962 SC 594) — Surrender of regulatory power under Art. 252 does NOT amount to surrender of separate taxing power; States retain taxation competence under distinct entries (Entry 62, List II) even after ceding control under Entry 34. 2. Union of India v. Valluri Basavaiah Chowdhary (1979) 3 SCC 324 — The term 'Legislature' in Art. 252(1) means only the House or Houses of Legislature, NOT the Governor; upheld the Urban Land (Ceiling & Regulation) Act, 1976 as validly enacted under Art. 252(1). 3. State of Bihar v. Union of India (1970) — Affirmed that when Parliament enacts a law under Art. 252 based on state resolutions, its validity cannot be challenged on the ground of legislative incompetence. 4. M. Nagaraj v. Union of India (2006) — Reiterated that Articles 249, 250 and 252 must be exercised within constitutional limits to preserve federal harmony and balance between Union supremacy and State autonomy. NOTABLE DISSENTS: None specifically recorded in these landmark cases on Art. 252. SCHOLARS & JURISTS: 1. M.P. Jain — Described Article 252 as an example of 'permissive' or 'voluntary' federal legislation, distinguishing it from the 'compulsory' centralisation under Articles 249 and 250. 2. D.D. Basu — Noted that Article 252 is pari materia with Section 103 of the Government of India Act, 1935, and represents a unique cooperative legislative mechanism rarely found in other constitutions.