Article 253 of the Costitution of India with Case law
🔷 Article 253 of the Constitution of India – Legislation for Giving Effect to International Agreements
🔹 Text of Article 253:
"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 any decision made at any international conference, association or other body."
🔹 Key Features of Article 253:
| Feature | Details |
|---|---|
| Override Clause | Begins with “Notwithstanding” – overrides entries in State List |
| Parliament’s Power | Parliament can legislate even on State List subjects |
| Scope | For implementing treaties, international agreements, conventions |
| Applies To | Entire territory of India or any part |
| No Need for State Consent | Parliament does not need states' consent to legislate under this Article |
🔹 Purpose of Article 253:
To enable the Central Government to fulfill international obligations, regardless of the subject matter falling under the Union, State, or Concurrent List.
Ensures India’s credibility in global relations and treaties.
🔹 Examples of Use of Article 253:
| Law | Based On |
|---|---|
| The Environment (Protection) Act, 1986 | Based on Stockholm Conference, 1972 |
| The Foreign Trade (Development and Regulation) Act, 1992 | Based on WTO/GATT agreements |
| The Biological Diversity Act, 2002 | To implement Convention on Biological Diversity (CBD) |
🔹 Important Case Laws on Article 253:
âś… Union of India v. H.S. Dhillon (1972) 2 SCC 33
Held:
Parliament’s power under Article 253 is independent of the Union List, State List, or Concurrent List.
Even if a subject is in the State List, Parliament can legislate without states' consent if it involves an international obligation.
âś… Maganbhai Ishwarbhai Patel v. Union of India (1969) 3 SCC 400
Facts: Concerned with an international agreement (Indo-Pakistan border settlement in Kutch).
Held:
Parliament can make a law to implement a treaty, even if it concerns state matters.
However, entering into a treaty is an executive act, and Parliament only makes laws to give it effect.
âś… Javed v. State of Haryana (2003) 8 SCC 369
Relevance: Discussed treaty obligations and domestic law.
Held:
Article 253 allows Parliament to legislate extensively to comply with international conventions, even if such law affects state subjects.
✅ K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 – Right to Privacy case
Relevance: Referenced India’s obligations under international conventions (e.g., ICCPR) to recognize the right to privacy.
Though not directly under Article 253, it reinforced that international obligations influence domestic law, and Article 253 can support enabling legislation.
🔹 Article 253 vs Article 246:
| Aspect | Article 246 | Article 253 |
|---|---|---|
| Normal legislative competence | Based on Union, State, Concurrent Lists | Relates to international treaties and obligations |
| State List restriction | Parliament cannot legislate on State List normally | Parliament can override State List subjects if treaty-related |
| Requires state consent? | Yes (in State List matters) | No consent needed under Article 253 |
🔹 Summary Table:
| Aspect | Details |
|---|---|
| Article | 253 |
| Subject | Legislation to implement international treaties/agreements |
| Power Holder | Parliament |
| Overrides | Entries in State List |
| Consent of States Needed? | No |
| Used For | Environment laws, WTO rules, biodiversity, international conventions |
| Key Cases | H.S. Dhillon, Maganbhai Patel, Javed v. State of Haryana |
🔹 Conclusion:
Article 253 ensures that India’s international commitments are effectively implemented through central legislation, even on matters otherwise reserved for the states. It strengthens India’s global standing and enables swift domestic execution of treaty obligations.
RELATED Blog
0 comments