Article 253 of Indian Constitution:Legislation for giving effect to international agreements

Article 253 of Indian Constitution

 Legislation for giving effect to international agreements

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Under Indian Constitution, Article 253 Parliament holds the power to pass required legislation that implements international treaties along with agreements and conventions. Parliament retains the ability to legislate on treaty subjects under the State List despite these subjects being normally within state jurisdiction. The expression "Notwithstanding anything in the foregoing provisions of this Chapter" demonstrates that this power supersedes the typical legislative power distribution between the Union and the States. Parliament holds the authority to make laws on any subject to ensure domestic fulfillment of India's international responsibilities.

Landmark Cases or Judgments of Article 253 of Indian Constitution

Judicial decisions have clarified both the extent and implementation of Article 253.

• Maganbhai Ishwarbhai Patel v. Union of India (1969): The Supreme Court India stated that Parliament possesses the authority to enact laws to implement international agreements, even if such laws pertain to subjects within the State List. This case affirmed the supremacy of Parliament in matters of international obligations. 
• Vishaka v. State of Rajasthan (1997): In the absence of specific domestic legislation addressing sexual harassment at the workplace, the Supreme Court referred to international conventions, notably the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to frame guidelines. This case highlighted the role of international norms in shaping domestic law, especially when Parliament has not yet legislated on the matter.
• Kesoram Industries Ltd. v. State of West Bengal (2004): The Supreme Court observed that Article 253 empowers Parliament to legislate on any subject matter, including those in the State List, to implement international agreements. This reinforces the notion that international commitments can necessitate central legislation overriding state subjects.

Article 253 serves as a bridge between international obligations and domestic law. Its significance includes:

• Ensuring Compliance: This mechanism allows India to meet its international commitments through a clear constitutional process for treaty implementation.
• Overriding Federal Constraints: By allowing Parliament to legislate on state subjects when necessary to implement international agreements, it ensures that federal divisions do not hinder India's global obligations.
• Promoting Uniformity: It ensures that international agreements are uniformly applied across all states and union territories, maintaining consistency in the legal framework.
   

Developments and Amendments of Article 253 of Indian Constitution

Since its inception Article 253 has not undergone any amendments which shows its essential function in incorporating international law into domestic legislation. The way Article 253 functions has changed because of decisions made by courts and new laws passed by the legislature.

• Environmental Legislation:  International environmental agreements like the Kyoto Protocol have shaped India’s laws. One example is the Energy Conservation Act, 2001. It shows how Article 253 helps India turn global climate goals into local action..
• Human Rights: By joining global human rights conventions India modified its domestic laws and policies to match international human rights standards. The entry of India into global human rights treaties shaped internal legal structure and government directives to support global human rights protocols.

Conclusion

Article 253 of Indian Constitution shows how India meets its global responsibilities. It gives Parliament the power to make laws for international agreements. This lets India turn global commitments into national laws. The provision strengthens Parliament’s role in international matters. At the same time, it ensures that India’s federal system supports, not blocks, the country’s global actions.