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Report No. 186

Chapter VII

Can a law made by Parliament under Article 252 (like the Water (P&CP) Act, 1974), be amended by Parliament under a law made under Article 253?

What is the purpose of Article 247?

An important issue that arises when we are contemplating a Central Act on 'Environmental Courts' by Parliament, revolves round Articles 252 and 253 of the Constitution of India. As explained below, the said Articles enable Parliament to make laws with respect to matters falling under List II (State List) in the Seventh Schedule of the Constitution in regard to which the State Legislature is entitled to make legislation.

We shall initially refer to Article 252 and Article 253.

Article 252 deals with the power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. It reads as follows:

"Article 252: (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 States 105by which it is adopted afterwards by resolution in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislatures 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(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the legislature of that State."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 253 contains a non-obstante clause. It reads as follows:

"Article 253. Legislation for giving effect to international agreements: Notwithstanding anything in the foregoing provisions of this chapter,

Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body."

Proposal to Constitute Environment Courts Back

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