Actual Article
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.
UPSC Notes for Article 253
Explanation:
- Implementation of International Agreements: Article 253 grants Parliament the power to make laws to implement treaties, agreements, or conventions with other countries. This provision ensures that international commitments made by the Government of India can be effectively implemented domestically.
- Overriding State List: The article allows Parliament to legislate on matters in the State List if necessary to fulfill international obligations, overriding the normal distribution of legislative powers between the Union and the States.
Key Points:
- International Commitments: Article 253 is crucial for enabling India to meet its international obligations and commitments, ensuring that treaties and agreements are effectively integrated into the domestic legal framework.
- Centralized Legislative Authority: The provision centralizes the authority to implement international agreements, ensuring uniformity and consistency across the country.
- Flexibility: Parliament’s power to legislate on state matters under this article provides the flexibility needed to address international issues comprehensively.
Important Cases and Commissions Related to Article 253
Cases:
- Maganbhai Ishwarbhai Patel vs. Union of India (1969): The Supreme Court held that Parliament has the power to enact laws to implement international agreements, even if it involves subjects in the State List, as per Article 253.
- Vishaka vs. State of Rajasthan (1997): The Supreme Court used international conventions and treaties to fill gaps in domestic law regarding sexual harassment at the workplace, highlighting the significance of international norms in shaping domestic legislation.
Commissions:
- Law Commission of India: Reviewed the implementation of international agreements and recommended measures to ensure that India’s international commitments are effectively translated into domestic law.
Important Reports Related to Article 253:
- Administrative Reforms Commission: Explored the implications of implementing international agreements on domestic governance and suggested frameworks for effective legislation.
Previous Year Prelims Questions Related to Article 253
- (UPSC Prelims 2016) What power does Article 253 of the Indian Constitution grant to Parliament?
- A. To make laws for the entire territory of India
- B. To make laws to implement international agreements
- C. To amend the Constitution
- D. To legislate on matters in the State List without any restrictions Correct Answer: B. To make laws to implement international agreements
- (UPSC Prelims 2018) Can Parliament legislate on state subjects under Article 253 to implement international treaties?
- A. Yes
- B. No
- C. Only with the approval of the President
- D. Only if the Supreme Court permits Correct Answer: A. Yes
Previous Year Mains Questions Related to Article 253
- Mains 2016: “Discuss the significance of Article 253 in enabling India to fulfill its international commitments. How does it impact the federal structure of India?”
- Mains 2019: “Evaluate the role of Article 253 in the context of implementing international treaties and agreements. What are the implications of this provision for state autonomy?”
Additional Insights:
- Global Integration: Article 253 facilitates India’s integration into the global community by ensuring that international treaties and agreements are implemented domestically, aligning national laws with international standards.
- Balancing Federalism: While the article grants significant power to Parliament, it is essential to balance this with the need to maintain the federal structure and respect state autonomy.
Understanding Article 253 is crucial for UPSC aspirants as it highlights the mechanisms for implementing international agreements and the balance of legislative powers in the Indian Constitution. This knowledge is essential for both preliminary and main examinations, offering insights into how India navigates its international obligations while maintaining its federal structure.