Article 253 and Implementation of International Treaties

Article 253 is a special constitutional power that enables Parliament to make laws for implementing India's international obligations. It permits such legislation even when the subject ordinarily falls within the State List, thereby ensuring that the federal division of legislative powers does not obstruct treaty implementation.

Constitutional basis

Article 253 begins with a non-obstante clause overriding the ordinary distribution of legislative powers in Part XI. Parliament may legislate for the whole or any part of India to implement a treaty, agreement or convention with another country, or a decision made at an international conference, association or other body.

• The power operates notwithstanding Article 246 and the Seventh Schedule's allocation of subjects between Parliament and State Legislatures.
• Treaty-making and treaty implementation also appear in Entry 14 of the Union List.

Effect on State subjects

Once legislation is genuinely connected with implementing an international obligation, Parliament can regulate matters otherwise reserved to States. State consent is not constitutionally required, and Parliament need not rely on the exceptional routes for legislating on State subjects, such as Article 249.

• The resulting parliamentary law can create uniform national rules and override inconsistent State legislation within its valid field.
• The treaty itself does not automatically become enforceable domestic law merely because the executive has concluded it.

Need for legislation and constitutional limits

In Maganbhai Ishwarbhai Patel v. Union of India (1969), the Supreme Court explained that legislation is necessary when implementing an international agreement requires alteration of existing law or affects enforceable rights. Executive action may suffice where implementation does not require such legal change.

• A law under Article 253 remains subject to fundamental rights and other constitutional limitations.
• If implementation requires amendment of the Constitution itself, the procedure under Article 368 must be followed.