Article 252 of indian constitution
Article 252 in The Constitution Of India 1949 mention about 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 House 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(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State Article 252 deals with power of parliament to legislate for two or more states by consent and adoption of such legislation by any other State. It states that Parliament get the power to legislate on the matter related to two or more states if all the States have mutually consented on the given matter. This can be considered as a conditional power given to the Parliament upon an agreement between two or more States. As we know that the VII Schedule of the Constitution of India includes three types of list. Those are:- Union List, Concurrent List and State List. Union list comprises matters related to Union importance. State list consist of topics which State has to take in concern. Concurrent list include matters on which Union and State both can take decision harmoniously. But Constitution has various articles which provide various provisions apart from the rules of Schedule VII to be followed. Article 252 is one of them. This article provides that if if two or more States are desirous that on any particular matter in the State list there should be a single Act, which would apply to both of them simultaneously, then they can invoke the aid of Parliament to make such an act for them. The condition is that a resolution has to be passed by both the Houses of the Legislature , if they have two Houses. Moreover it should be lawful for Parliament to make an Act for regulating that matter with the consent of the participating States. Also there is provision for other States to adopt that Act by passing a resolution to that effect in its legislature. In Union of India v. Valluri Basavaiah Chowdhary, the Supreme court upheld the validity of the Urban Land (Ceiling and Regulation ) Act, 1976 which was enacted by Parliament on the resolution of 11 States under this article only and was adopted by other states also. Therefore, hre we can see that there was a consent between 11 states for the enactment of law by the Parliament on same matter. The court held that legislature in article 252 means House, if the state has only one House, and Houses if it has two Houses. Here governor’s assent to the legislative resolution is not required. The effect of the passing of a resolution under clause(1) of the article 252 is that Parliament which has no power to legislate with the topic which is the subject of the resolution, becomes entitled to legislate with respect to it. Whereas, the State legislature lose all its power to make a law relating to that matter. In R.M.D.C.(Mysore ) Pvt, Ltd v. state of Mysore , the states ofAndhra, Bombay , Madras, U.P. , Hyderabad , Madhya Bharat , Pepsu and Saurashtra passed a resolution under Article 252(1) of the Constitution authorizing Parliament to legislate for the control and regulation of prize competition and in pursuance , Parliament passed Prize Competition Act (Act 42 of 1955) which got the ascent from the President on 22 October, 1955and came into force of 1 April, 1956. On 24th February, 1956 the Mysore legislature passed a resolution adopting the said act. In Punjab Agriculture University Teachers Association v. State of Punjab , Article 252 was kept in mind. It was that the subject of education as well as the subject of universities were incorporated in the State list. Thus the State legislature alone, had the legislature to to legislate in respect of the aforesaid subjects. Although the creation of Universities is under the domain, scope and purview of the concerned State Legislature, yet the Parliament enacted the Joint Agricultural Universities Act, by following the procedure laid down in Article 252 of the Constitution of India Before the Joint Agriculture Universites Act was promulgated, a resolution was moved by the Punjab Chief Minister before the Punjab State Legislature , that the Punjab agriculture university should be dissolved for setting up of the successor university. Likewise, the Chief Minister of Haryana moved a resolution before the Haryana Legislative Assembly for the setting up of the separate agriculture university for the state of Haryana by dissolution of the existing Punjab Agriculture University. Article 252 of Constitution of India is hence a way to go out from the mainstream and if the States have their mutual consent then , Parliament can make legislation for them combinely.