The Parliament can make any law for whole or any part of India for implementing International treati

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2013 UPSC Prelims Indian Polity & Governance paper.

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Question

The Parliament can make any law for whole or any part of India for implementing International treaties

Accepted Answer

Correct Answer: D — without the consent of any StateStep-by-step Solution:Article 253 of the Indian Constitution is the relevant provision: '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.'The key word is 'Notwithstanding' — meaning this power overrides the normal distribution of legislative subjects between Centre and States. Even if the subject matter of the international treaty falls within the State List (matters normally reserved for state legislation), Parliament can still legislate on that subject to fulfil India's international treaty obligations — without requiring the consent of any state.This is a significant departure from the federal principle that would normally require states' consent for Parliament to legislate on state subjects. It recognises the practical necessity of India being able to fulfil its international commitments without being blocked by individual states.Key Concept: Article 253 vs normal legislative division: Under the Seventh Schedule, Parliament can legislate on Union List subjects; Parliament + State Legislature can legislate on Concurrent List subjects (Parliament prevails in case of conflict); State Legislature exclusively legislates on State List subjects — EXCEPT under: Article 249 (National interest — if RS passes resolution by 2/3 majority, Parliament can legislate on State subjects for 1 year); Article 250 (During National Emergency — Parliament can legislate on all subjects); Article 252 (Two or more states pass resolution inviting Parliament to legislate); Article 253 (International treaties — Parliament legislates without state consent). Article 253 applications: environmental laws implementing international conventions (Environment Protection Act 1986 — partly under UNFCCC/Stockholm commitments); labour laws implementing ILO conventions; intellectual property laws (TRIPs — WTO); POCSO Act (implementing UN Convention on Rights of Child). This is also why India's obligations under Paris Agreement, CBD, Montreal Protocol etc. can be legislated by Parliament unilaterally.

The Parliament can make any law for whole or any part of India for implementing International treaties

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The Parliament can make any law for whole or any part of India for implementing International treaties

Master UPSC Prelims with Our Test Series

More Questions from Centre-State Relations – Legislative, Administrative & Financial

Frequently Asked Questions