Article 252 of the Indian Constitution provides a unique provision that allows the Parliament to legislate for two or more states with their consent. This provision ensures coordination and cooperation between states in matters of legislation, ensuring a harmonious functioning of the federal system in India.

The Indian Constitution, adopted on 26th November 1949, is the supreme law of the land and provides the framework for the governance of the country. It establishes a federal system where power is divided between the central government and the states. Article 252 is one such provision that highlights the cooperative nature of the Indian federal structure.

The Power of Parliament under Article 252

Article 252 empowers the Parliament to legislate for two or more states, with the consent of those states. This means that if two or more states agree on a particular matter, they can request the Parliament to make laws on that subject. The Parliament, upon receiving such a request, can pass a law that will be applicable to those states.

It is important to note that this provision is applicable only if the states involved have passed resolutions to that effect in their respective legislative assemblies. The consent of the states is a crucial requirement for the Parliament to exercise its legislative power under Article 252.

The Adoption of Legislation by Other States

Another significant aspect of Article 252 is the provision for the adoption of legislation by any other state. According to this provision, any state other than the states for which the legislation is originally made can adopt the law with the consent of the Parliament.

When a state expresses its willingness to adopt a particular legislation, the Parliament can pass an additional resolution to extend the application of that law to the adopting state. This ensures that the benefits of the legislation are not limited to the states for which it was originally enacted.

Benefits of Article 252

Article 252 plays a crucial role in promoting cooperation and coordination between states in India. It allows states to come together and address common issues through legislation. Some of the benefits of Article 252 are:

1. Uniformity in Laws

Article 252 enables the Parliament to create uniform laws that are applicable to multiple states. This helps in avoiding inconsistencies and conflicts between state laws, ensuring a harmonious legal framework across the concerned states. It promotes a sense of unity and uniformity in the application of laws.

2. Efficient Governance

By allowing states to request the Parliament to legislate on specific matters, Article 252 facilitates efficient governance. It ensures that states can address complex issues that require a coordinated approach and expertise beyond their individual capacities. This provision empowers states to seek the assistance of the central government in formulating comprehensive laws.

3. Sharing of Best Practices

When multiple states come together to request legislation under Article 252, it provides an opportunity for the sharing of best practices. States can learn from each other's experiences and adopt successful policies and laws. This promotes innovation and the exchange of ideas, leading to better governance and development.

4. Flexibility in Adoption

The provision for the adoption of legislation by other states allows for flexibility in the application of laws. States can evaluate the effectiveness of a particular legislation and then decide whether to adopt it or not. This ensures that states have the autonomy to choose laws that are most suitable for their specific needs and circumstances.

Examples of Legislation under Article 252

Several important legislations have been enacted under Article 252, addressing diverse subjects of national importance. Some notable examples include:

1. Goods and Services Tax (GST)

The introduction of the Goods and Services Tax (GST) in India is a significant example of legislation under Article 252. The GST is a comprehensive indirect tax that replaced multiple state and central taxes, unifying the tax structure across the country. The consent of multiple states was obtained, and the Parliament passed the necessary laws to implement the GST.

2. Anti-Corruption Laws

Various anti-corruption laws have been enacted under Article 252 to combat corruption at both the state and national levels. These laws aim to promote transparency, accountability, and integrity in public administration. The adoption of such legislation by multiple states strengthens the fight against corruption by ensuring a consistent legal framework.

3. Environmental Protection Laws

Environmental protection laws, such as those related to air pollution, water pollution, and wildlife conservation, have been enacted under Article 252. These laws help in preserving and safeguarding the environment for future generations. The adoption of such legislation by multiple states ensures a collective effort in protecting the environment.

Conclusion

Article 252 of the Indian Constitution empowers the Parliament to legislate for two or more states with their consent. This provision promotes cooperation, coordination, and uniformity in laws between states. It allows states to address common issues through legislation and seek the assistance of the central government when required. The adoption of legislation by other states further enhances the effectiveness and reach of laws. Article 252 plays a crucial role in ensuring efficient governance and the sharing of best practices. It is a testament to the cooperative nature of the Indian federal system and its commitment to harmonious functioning.