📜 Article 253 of the Indian Constitution
Title: Legislation for giving effect to international agreements
Part XI – Relations Between the Union and the States
Chapter I – Legislative Powers
🔹 Text Summary of Article 253:
Parliament has the exclusive power to make laws for the whole or any part of India to implement:
Any treaty,
Agreement, or
Convention with one or more foreign countries,
even if such law touches State List subjects.
🧠 Key Features of Article 253:
🔍 Feature | 📘 Details |
---|---|
🏛️ Who can legislate? | Only Parliament |
🌍 When? | When India signs an international treaty, convention, or agreement |
📚 Subject Matter | Any subject, including those in the State List |
⚖️ Effect on Federalism | Overrides state jurisdiction to fulfill international obligations |
📅 Scope & Extent | For whole or any part of India |
🧪 Examples of Laws Made Under Article 253:
🧾 International Treaty/Agreement | 🇮🇳 Related Indian Law |
---|---|
UN Convention on Environment (1992) | Environment Protection Act, 1986 (pre-emptively aligned) |
UN Convention on Elimination of Discrimination Against Women (CEDAW) | Protection of Women from Domestic Violence Act, 2005 |
TRIPS (WTO Agreement) | Indian Patents (Amendment) Act, 2005 |
⚖️ Judicial Support:
🏛️ Kesavananda Bharati Case (1973) and Maganbhai Patel Case (1969) held that:
Parliament can legislate even on State List subjects if it’s for implementing international treaties.
🔁 Related Articles:
Article | Topic |
---|---|
245–246 | Distribution of legislative powers between Union and States |
249–252 | Special situations where Parliament legislates on State subjects |
51(c) | Directive Principle – Promote respect for international law |
🧠 In Simple Words:
Article 253 gives Parliament the power to override State powers if needed to fulfill international commitments — ensuring that treaties and global agreements are properly implemented within India.
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