Part XI: Relations Between the Union and States

Article 253: Legislation for Giving Effect to International Agreements

Original Article:

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.

Explanations:

Article 253 empowers Parliament to enact laws for implementing international agreements, treaties, and conventions. This authority extends to subjects in the State List, emphasizing the national importance of fulfilling international commitments. The article ensures India’s obligations on the global stage are met uniformly.

Scope and Purpose:

Parliament can legislate on matters in the State List to honor international treaties, conventions, and decisions from global conferences. This provision ensures domestic laws align with international standards and obligations.

Real-Life Examples:

Examples of legislation under Article 253 include the Energy Conservation Act, 2001 (Kyoto Protocol), the Biological Diversity Act, 2002 (Convention on Biological Diversity), and the Patents (Amendment) Act, 2005 (WTO Compliance). These acts illustrate how international obligations shape domestic law.

Historical Significance:

Article 253 reflects India’s sovereignty and active participation in global affairs. It enables the central government to align domestic laws with international commitments, ensuring compliance with global standards and cooperation.

Frequently Asked Questions (FAQs):

What is the significance of Article 253?

It empowers Parliament to implement international agreements by legislating even on State List subjects, ensuring India fulfills its global commitments.

Can Parliament legislate on State List matters under Article 253?

Yes, Article 253 allows Parliament to legislate on State List matters when required to fulfill international obligations.

What are examples of laws enacted under Article 253?

Laws like the Energy Conservation Act, 2001, and the Biological Diversity Act, 2002, were enacted under Article 253 to meet international treaty obligations.