Article 253 of the Indian Constitution is a crucial provision that underscores the Union’s supremacy in matters relating to international relations. It grants Parliament the exclusive power to enact legislation necessary to implement India’s international commitments, agreements, and obligations. This article plays a vital role in enabling India to participate effectively in the global community and fulfill the undertakings it makes on the international stage.
This specific power is significant because it allows Parliament to legislate on subjects that might otherwise fall within the legislative domain of the states, as defined by the Seventh Schedule. It acts as a specific exception to the normal distribution of legislative powers, ensuring that the Central government has the necessary legal authority to bring domestic law into conformity with international law or facilitate the execution of international decisions.
Original Text
253. Legislation to give 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.
Detailed Explanation
Article 253 provides Parliament with an overriding power to legislate on any subject whatsoever, irrespective of its place in the Seventh Schedule (Union List, State List, or Concurrent List), if such legislation is required for the implementation of international treaties, agreements, conventions, or decisions of international bodies. The phrase “Notwithstanding anything in the foregoing provisions of this Chapter” indicates that this power operates as an exception to the usual scheme of distribution of legislative powers described in Article 246 and other provisions of Part XI, Chapter I.
This article is essential for a sovereign nation like India to participate effectively in international relations. Without such a power, the Union government would be constrained in its ability to sign and implement international agreements, particularly those covering subjects listed in the State List, as it would require the consent of concerned states or legislative action by state assemblies. Article 253 bypasses this potential federal hurdle, centralizing the authority to ensure India’s international commitments are domestically enforceable and capable of being fulfilled. The power extends to making laws applicable to the “whole or any part of the territory of India,” providing flexibility in implementation depending on the nature and scope of the international instrument.
Detailed Notes
- Nature of Power: Grants Parliament an exclusive power to legislate.
- Purpose: To give effect to international agreements and decisions.
- Scope of International Instruments Covered:
- Any treaty with another country/countries.
- Any agreement with another country/countries.
- Any convention with another country/countries.
- Any decision made at any international conference, association, or other body.
- Territorial Extent: Parliament can make laws under this article for the whole or any part of the territory of India.
- Relationship with Distribution of Powers: Acts as an exception to the normal distribution of legislative powers between the Union and States under Article 246 and the Seventh Schedule.
- Impact on State List: Parliament can legislate on subjects enumerated in the State List (List II of the Seventh Schedule) if such legislation is required to implement an international obligation.
- No State Consent Required: Unlike Articles 249 (Parliament’s power to legislate on State List subject in national interest, requires Rajya Sabha resolution) or 252 (Parliament’s power to legislate for two or more states by consent), Article 253 does not require the consent or resolution of State Legislatures or Rajya Sabha for legislating on State List subjects for implementing international agreements.
- Why Legislation is Needed: In India, international agreements are generally not self-executing or directly enforceable in domestic courts merely upon ratification. Enabling legislation by Parliament under Article 253 is usually required to transform international obligations into domestic law, affecting rights and obligations within India.
- Judicial Review: Laws made under Article 253 are subject to judicial review. While courts respect Parliament’s power under this article, the legislation must genuinely be for the purpose of implementing an international agreement and must not violate the basic structure of the Constitution or fundamental rights.
- Federalism: This article highlights the Union’s paramount position in foreign affairs, overriding the usual federal division of powers when international obligations are involved. It ensures a unified national approach to fulfilling international commitments.
- Examples: Environmental protection laws based on international conventions, laws related to human rights derived from international treaties, laws giving effect to decisions of international trade bodies or conferences often trace their legislative authority, in part, to Article 253.
Additional Comments
- While Article 253 grants Parliament broad power, the Union government often consults with state governments, especially when implementing international agreements requires action on subjects primarily within the states’ purview or affects their interests significantly.
- The distinction between entering into an international agreement (an executive act) and making it legally binding domestically (a legislative act under Article 253) is crucial in Indian constitutional law. The executive can enter agreements, but Parliament’s legislative action is needed to give them force of law domestically.
- The scope of “any decision made at any international conference, association or other body” is quite wide and allows Parliament to implement various outcomes from global forums, not just formal treaties.
Summary
Article 253 of the Indian Constitution empowers Parliament to enact any law for the whole or any part of India to give effect to international treaties, agreements, conventions, or decisions made at international forums. This power is an exception to the normal distribution of legislative powers between the Union and States, enabling Parliament to legislate even on subjects listed in the State List if required to fulfill India’s international obligations. It ensures that the Union government possesses the necessary legislative authority to align domestic law with international commitments, thereby facilitating India’s participation in the global community and upholding its international standing. While extensive, this power is subject to constitutional limitations, including judicial review based on fundamental rights and the basic structure doctrine.