What is Article 253 of Indian constitution

www.hinsoli.com July 06, 2025

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.