Treaty-Making Power in India

The Constitution does not require State governments to participate in negotiating, signing or ratifying India’s treaties. Treaty-making is principally a Union executive function, while treaties requiring changes to domestic law must be implemented through legislation. Consultation with affected States may be desirable, but it is not a constitutional condition for concluding a treaty.

Constitutional allocation of power

Under Article 73, the Union executive power extends to matters on which Parliament can legislate. Article 246, read with Entry 14 of the Union List, places the entering into and implementation of treaties and agreements with foreign countries within the Union sphere.

• The Constitution gives States no formal right to negotiate, ratify or veto a treaty concluded by the Union.
• Under Article 253, Parliament may enact legislation to implement a treaty even when its subject ordinarily falls within the State List.

Treaties and domestic law

The Constitution does not prescribe general parliamentary or State ratification of treaties. However, the executive cannot use a treaty by itself to override legislation or alter legally protected rights.

• In Maganbhai Ishwarbhai Patel v. Union of India, 1969, the Supreme Court held that legislation is needed when treaty implementation changes existing law or affects citizens' rights.
• In In re Berubari Union, 1960, the Supreme Court held that cession of Indian territory required a constitutional amendment.

Role of States in practice

The Union may consult affected States and require their administrative cooperation, especially where a treaty concerns rivers, land, agriculture or other matters with substantial State-level consequences. Such consultation reflects cooperative federalism, but it does not give a State a constitutional veto over an international agreement.