सं Samvidhan

The Constitution of India

Article 252

Power of Parliament to legislate for two or more States by consent and adoption of such legislation by

Why this exists

India's Constitution divides law-making power between Parliament and the States through the Union, State, and Concurrent Lists. Sometimes a subject is best handled uniformly across states—like moneylending regulation, prize competitions, or organ transplantation—but Parliament has no direct authority over it because it sits in the State List. Article 252 provides a voluntary bridge: instead of amending the Constitution, willing states can invite Parliament to legislate for them, achieving uniformity without permanently transferring the subject out of the State List everywhere.

How courts read it

In State of Kerala v. Mar Appraem Kuri Co. Ltd. (2012), the Supreme Court examined a law adopted by Kerala under Article 252 and confirmed that once a state adopts a Parliament-made law under this Article, the state legislature permanently loses the power to amend or repeal it for as long as the adoption stands; only Parliament, acting through the same consent mechanism, can alter it. This reinforced that Article 252 creates a special, self-contained lawmaking arrangement distinct from ordinary Union-State legislative competence.

Common misconceptions
  • Myth: Article 252 permanently shifts a subject from the State List to the Union List.
    Fact: It does not change the Constitution's lists; it only lets Parliament legislate for the consenting states on that specific matter, while the subject formally remains a state subject overall.
  • Myth: A state that adopts a Parliament law under Article 252 can later amend it to suit local needs.
    Fact: Once adopted, only Parliament can amend or repeal that law for the state, as clarified by the Supreme Court in State of Kerala v. Mar Appraem Kuri Co. Ltd.