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What is Article 252 of indian constitution

 

📜 Article 252 of the Indian Constitution

Title: 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 Powers


🔹 Text Summary of Article 252:

If two or more State Legislatures pass a resolution requesting Parliament to make a law on a State List subject, then Parliament can do so.
Such a law will apply only to those states that passed the resolution — but other states can adopt it later.


🧠 Clause-by-Clause Breakdown:

🔢 Clause 📘 Provision
(1) If two or more states think it is desirable to have a common law on a State List subject, they can pass a resolution in their State Assemblies authorizing Parliament to legislate on it.
(2) Once such a law is enacted by Parliament, it can only be amended or repealed by Parliament — not by the states. Other states can also adopt this law later by passing their own resolution.

📌 Key Features of Article 252:

🔍 Feature Details
🏛️ Who initiates? Two or more State Legislatures
🗳️ Voting requirement Simple majority in State Assemblies
📚 Subject type Only State List subjects
⚖️ Who makes the law? Parliament, but only after state request
🌍 Applicability To requesting states only; other states may adopt later
🛠️ Repeal/Amendment Only Parliament can repeal or amend such a law
🔄 Can states withdraw? ❌ No; once passed, the law remains unless Parliament repeals it

🧪 Examples of Article 252 in Action:

🧾 Law Made 🟢 States Involved
Wildlife Protection Act, 1972 Initially 11 states requested
Prize Competitions Act, 1955 Several states
Urban Rent Control Laws (various forms) States like Maharashtra & Gujarat requested central action

🧠 In Simple Words:

Article 252 allows states to invite Parliament to make a common law on a State subject, when they feel it’s beneficial for uniformity.
Once passed, the law applies only to consenting states, but can be extended to others too.


🔁 Related Articles for Context:

Article Topic
245 Extent of laws made by Parliament and States
246 Distribution of legislative powers
249 Parliament's power on State List (national interest)
250 Parliament's power on State List (during Emergency)

📊 Comparison: Article 249 vs Article 250 vs Article 252

🔢 Feature 🟦 Article 249 🟥 Article 250 🟩 Article 252
📘 Title Parliament’s power on State List in national interest Parliament’s power on State List during emergency Parliament legislates for two or more states on their request
🏛️ Who initiates? Rajya Sabha resolution (2/3rd majority) President declares Emergency under Article 352 State Legislatures (at least two) request Parliament
📚 Subject Type Any matter in State List Any matter in State List Specific matter in State List
Duration 1 year (renewable yearly) Emergency + 6 months after it ends Permanent (until Parliament repeals)
⚖️ Applicable to All States? ✅ Yes ✅ Yes ❌ Only to requesting/adopting states
✍️ Voting Requirement 2/3rd of members present & voting in Rajya Sabha No vote needed (Emergency suffices) Simple majority in State Assemblies
🔁 Repeal/Amendment By Parliament By Parliament By Parliament only, not States
🧪 Example Use Cybersecurity, national policing reforms Public order during war/pandemic Wildlife Protection Act, Urban Land Ceiling Laws

🧠 Quick Summary:

📜 Article 💡 Used When
249 Parliament acts on State subjects in national interest
250 Parliament acts on State subjects during emergency
252 States invite Parliament to make uniform law