Quick answer
Water is mainly a State subject (Entry 17 of the State List), so Parliament used Article 252: the Legislatures of two or more States passed resolutions asking Parliament to legislate, and Parliament enacted the Water (Prevention and Control of Pollution) Act, 1974 for those States, with other States free to adopt it later. The Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 took a different route: their preambles say they implement decisions of the United Nations Conference on the Human Environment held at Stockholm in June 1972, a power given to Parliament by Article 253.
The two Articles
- Article 252(1), legislation by consent: if resolutions are passed by all the Houses of the Legislatures of two or more States asking Parliament to regulate a matter on which Parliament otherwise cannot legislate for the States, Parliament may pass an Act for those States. Any other State may adopt it afterwards by resolution.
- Article 252(2): such an Act can be amended or repealed only by an Act of Parliament passed or adopted in the same manner. The State Legislature cannot amend or repeal it on its own.
- Article 253, international agreements: notwithstanding the other provisions of the Chapter, Parliament may make any law for the whole or any part of India to implement any treaty, agreement or convention with other countries, or any decision made at an international conference, association or other body.
Article 252 and Article 253 compared
| Point | Article 252 | Article 253 |
|---|---|---|
| Trigger | Resolutions of the Legislatures of two or more States | A treaty, agreement, convention or decision at an international conference |
| Territorial reach | Only consenting States and States that adopt it later | The whole or any part of India |
| Consent of States | Essential | Not needed |
| Environmental example | Water Act, 1974 | Air Act, 1981 and Environment (Protection) Act, 1986 |
How the Water Act shows Article 252 at work
Section 1(2) of the Water Act, 1974 applied it in the first instance to Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and to the Union territories, and to any other State that adopts it under Article 252(1). Because of Article 252(2), the Act is amended the same way. The Water (Prevention and Control of Pollution) Amendment Act, 2024 (No. 5 of 2024, assented to on 15 February 2024) records that the Legislative Assemblies of Himachal Pradesh and Rajasthan passed resolutions for the amendment. It applies first to those two States and the Union territories, and to any other State that adopts it by resolution.
Example
Farhan runs a factory and asks why a central law controls its effluent and smoke. For water effluent, the Water Act, 1974 binds his State because his State's Legislature consented to it or later adopted it under Article 252. For air emissions, the Air Act, 1981 applies across India because Parliament enacted it to implement the Stockholm decisions, which Article 253 allows without State consent.
Exam point
Water Act, 1974: Article 252 (State consent). Air Act, 1981 and Environment (Protection) Act, 1986: Article 253 (implementing the Stockholm Conference, 1972).
For all the major environmental statutes in one place, see Environmental Law: Complete Notes.