Article 253

Article 253 of the Constitution of India grants Parliament exclusive power to make laws for implementing international treaties, conventions, and agreements. This provision ensures that India can honour its international obligations by enacting suitable domestic legislation, even on subjects that ordinarily fall within the jurisdiction of State Legislatures. It reflects the country’s constitutional commitment to global cooperation, international law, and responsible participation in world affairs.

Constitutional Context and Purpose

Article 253 is part of Chapter II of Part XI, which deals with the distribution of legislative powers between the Union and the States. While Articles 245 and 246 define the territorial and subject-based distribution of law-making authority, Article 253 acts as a special provision allowing Parliament to override these boundaries when implementing international commitments.
The rationale behind this provision is to ensure that India, as a sovereign state, can fulfil its treaty obligations and align domestic law with international norms without constitutional impediments arising from federal divisions of power. This arrangement facilitates the smooth translation of international agreements into enforceable national laws.

Text and Scope of Article 253

The text of Article 253 reads:
“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 elements of this provision include:

• Non obstante clause: The opening phrase, “Notwithstanding anything,” gives Article 253 overriding authority over other provisions governing legislative competence, including Article 246.
• Comprehensive scope: Parliament can legislate for the whole or any part of India, ensuring flexibility in implementation.
• International instruments covered: The Article applies to treaties, agreements, conventions, and even decisions made at international conferences or organisations, thereby covering a broad spectrum of international engagements.
• Override of State powers: Parliament may legislate even on matters in the State List if necessary to give effect to an international obligation.

This wide scope ensures that the Union can act decisively in fulfilling international responsibilities without delays or conflicts arising from the federal division of powers.

Legislative Authority and Federal Implications

Ordinarily, under Article 246, subjects in the State List are within the exclusive legislative competence of State Legislatures. However, Article 253 allows Parliament to legislate on State subjects when such legislation is necessary for implementing an international treaty or agreement.
This mechanism temporarily centralises legislative authority to ensure uniform compliance across the country. It also prevents situations where non-cooperation by individual States could jeopardise India’s international commitments.
While this provision enhances the Union’s capacity to act effectively in global matters, it also raises concerns regarding State autonomy. The balance between federal principles and international obligations is thus a recurring theme in judicial interpretation of Article 253.

Judicial Interpretation and Landmark Judgments

The Supreme Court of India has elaborated the scope and constitutional significance of Article 253 in several landmark decisions.

• State of West Bengal v. Union of India (1964): The Court upheld Parliament’s power under Article 253 to legislate on any subject, including those in the State List, for implementing international treaties. It ruled that such power is not subject to State consent, reinforcing the supremacy of Parliament in this domain.
• Kesavananda Bharati v. State of Kerala (1973): Although the case primarily dealt with the amending powers of Parliament, the Court observed that Article 253 must operate within the limits of the basic structure doctrine, meaning that while Parliament’s power is wide, it cannot destroy the essential federal character of the Constitution.
• M.C. Mehta v. Union of India (1987): The Court linked India’s environmental legislation to international principles, such as those arising from the Stockholm Conference (1972), affirming that international conventions can guide domestic law-making under Article 253.
• Indian Council for Enviro-Legal Action v. Union of India (1996): The Supreme Court held that environmental protection laws, enacted to fulfil international commitments, derive legitimacy from Article 253.
• Vishaka v. State of Rajasthan (1997): The Court invoked international conventions, specifically the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to frame guidelines against workplace harassment. This case demonstrated that even without specific legislation, international norms could influence domestic legal interpretation, reflecting the spirit of Article 253.

Through these judgments, the judiciary has affirmed that Article 253 ensures India’s compliance with international obligations while remaining subject to constitutional safeguards.

Legislative Examples of Implementation

Several significant laws in India have been enacted under the authority of Article 253 to give effect to international agreements and conventions. Examples include:

• The Environment (Protection) Act, 1986: Enacted following the Stockholm Conference on Human Environment (1972) to implement international commitments related to environmental protection.
• The Biological Diversity Act, 2002: Passed to give effect to the Convention on Biological Diversity (1992).
• The Chemical Weapons Convention Act, 2000: Implemented the provisions of the Chemical Weapons Convention to which India is a party.
• The Foreign Trade (Development and Regulation) Act, 1992: Facilitated the implementation of international trade commitments.
• The Maritime Zones of India Act, 1976: Reflected India’s adherence to the United Nations Convention on the Law of the Sea (UNCLOS).

These legislations illustrate how Article 253 serves as the constitutional foundation for aligning Indian law with global standards.

Relationship with Other Constitutional Articles

Article 253 operates alongside several other provisions that collectively define India’s legislative framework and foreign policy powers:

• Article 245: Defines the territorial extent of Parliament’s and State Legislatures’ law-making powers.
• Article 246: Allocates subjects among the Union, State, and Concurrent Lists.
• Article 51 (Directive Principles of State Policy): Encourages respect for international law and treaty obligations.
• Article 73: Extends the executive power of the Union to matters involving international relations.

Together, these Articles reflect India’s constitutional design for integrating international cooperation within a federal framework.

Significance of Article 253

The constitutional importance of Article 253 lies in several key aspects:

• Facilitates international compliance: Enables India to meet its treaty obligations effectively and uniformly.
• Ensures legal harmony: Prevents inconsistencies between international commitments and domestic law.
• Demonstrates global responsibility: Positions India as a responsible member of the international community.
• Strengthens central authority in global affairs: Allows Parliament to act decisively on international issues, avoiding fragmented state-level responses.
• Supports human rights and environmental governance: Provides the constitutional basis for legislation aligned with global norms.