Previous Year Question

Under Article 253 of the Constitution, Parliament has the power to make a law for the whole or any part of the territory of India to implement an international treaty, agreement, convention or decision made at an international conference.

The consent of the concerned State or of any State is not required for such legislation.

Special character of Article 253

Article 253 operates notwithstanding the preceding provisions in Part XI that distribute legislative subjects between the Union and the States. Consequently, for implementing an international obligation, Parliament may:

• Legislate on a subject in the Union List.

• Legislate on a subject in the Concurrent List.

• Legislate even on a subject ordinarily included in the State List.

• Extend the legislation to the whole of India or only to a specified part of India.

This special power ensures that the Union Government can implement India’s international obligations without depending on the separate consent of individual States.

Related constitutional provisions

• Entry 14 of the Union List: Entering into treaties and agreements with foreign countries and implementing them.

• Article 73: The executive power of the Union extends to matters on which Parliament has the power to legislate.

• Article 51(c): The State shall endeavour to foster respect for international law and treaty obligations.

• Article 246: Ordinarily distributes legislative powers through the Union, State and Concurrent Lists.

• Article 253: Gives Parliament special legislative competence, overriding this ordinary distribution, for implementing international agreements.

Entering into a treaty and implementing it domestically

Entering into an international treaty ordinarily falls within the Union’s executive power. However, parliamentary legislation may be required if implementation demands amendment of an existing Indian law, alters the rights or liabilities of individuals or creates new penal consequences.

A separate law is not required for every treaty. If an international obligation can be implemented within existing laws and executive powers, fresh legislation may not be necessary.

Example

The Environment (Protection) Act, 1986 was enacted by Parliament under Article 253 to implement decisions taken at the 1972 Stockholm Conference on the Human Environment. Even though environmental regulation could affect matters ordinarily connected with the State List, the consent of the States was not required.

Therefore, Parliament may enact such a law without the consent of any State.