On a particular item included in the State List, the States of Haryana and Rajasthan requested the Parliament to make laws for them on that particular subject. Discuss the legality of this statement referring to the rele
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
On a particular item included in the State List, the States of Haryana and Rajasthan requested the Parliament to make laws for them on that particular subject. Discuss the legality of this statement referring to the relevant Article of the Constitution of India. What happens, if any of the consenting States later makes a law on that particular subject.
Answer & Explanation:
Article 252 of the Constitution of India enumerates the Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. This Article provides that, if two or more States are desirous that on any particular item included in the State List there should be a common legislation applicable to all such States then they can make a request to Parliament to make such law on that particular subject. Such request shall be made by passing a resolution in the legislatures of the State concerned. If request is made in that form, then Parliament can make law on that subject as regards those States. The law so made may be adopted by other States also, by passing resolutions in their legislatures. According to Article 252(2), any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State. Therefore, if a consenting State subsequently enacts a conflicting law on the same subject, such a State law would not be valid to the extent of inconsistency with the law made by the parliament.
Topics: Constitutional Law
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