Article 253 of the Indian Constitution is a provision that empowers the Parliament to make laws for giving effect to international agreements, conventions, and treaties. This article plays a crucial role in ensuring that India fulfills its obligations under international law and upholds its commitments made on the global stage.

Understanding Article 253

Article 253 is a part of Part XI of the Indian Constitution, which deals with the relations between the Union and the States. It states that the Parliament has the power to make any law for the whole or any part of India for implementing any treaty, agreement, or convention with any other country or countries.

This means that when India enters into an international agreement, such as a treaty or convention, it is the responsibility of the Parliament to pass laws that are necessary to give effect to that agreement. These laws can be enacted even if they encroach upon the powers of the State Legislatures.

Article 253 is based on the principle of "pacta sunt servanda," which means that agreements must be honored. It reflects India's commitment to uphold its international obligations and ensures that the country can effectively participate in the global community.

Importance of Article 253

Article 253 is of great significance as it enables India to fulfill its obligations under international law. It allows the Parliament to enact laws that are necessary to implement international agreements, ensuring that India complies with its commitments and responsibilities.

By providing a mechanism for the implementation of international agreements, Article 253 strengthens India's position in the global arena. It demonstrates the country's commitment to international cooperation and its willingness to be a responsible member of the international community.

Furthermore, Article 253 helps in harmonizing domestic laws with international standards. When India becomes a party to an international agreement, it may require changes in existing laws or the creation of new laws to align with the provisions of the agreement. Article 253 empowers the Parliament to make these necessary legislative changes.

Another important aspect of Article 253 is that it ensures uniformity in the implementation of international agreements throughout the country. Since the Parliament has the authority to make laws for the whole of India, it prevents any inconsistencies or variations in the implementation of international agreements by different states.

Procedure for Enacting Laws under Article 253

When the Parliament decides to enact a law to give effect to an international agreement, it follows a specific procedure. The steps involved in the process are as follows:

1. The government identifies the need for legislation to implement an international agreement.
2. A draft bill is prepared, which contains the provisions necessary to give effect to the agreement.
3. The draft bill is introduced in either house of Parliament as per the normal legislative process.
4. The bill is debated and discussed by the members of Parliament.
5. If both houses of Parliament pass the bill, it is sent to the President for assent.
6. Once the President gives assent, the bill becomes law.

It is important to note that the laws enacted under Article 253 prevail over any inconsistent laws made by the State Legislatures. This ensures that the implementation of international agreements remains consistent throughout the country.

Examples of Legislation under Article 253

Over the years, several laws have been enacted by the Parliament under Article 253 to give effect to international agreements. Some examples of such legislation include:

• The Biological Diversity Act, 2002: This law was enacted to implement the provisions of the Convention on Biological Diversity, an international treaty to promote the conservation and sustainable use of biological diversity.
• The Protection of Plant Varieties and Farmers' Rights Act, 2001: This law was enacted to give effect to the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which provides for the protection of plant varieties.
• The Maternity Benefit (Amendment) Act, 2017: This law was enacted to implement the provisions of the International Labour Organization (ILO) Convention on Maternity Protection, which aims to protect the rights of working women during pregnancy and maternity.

These examples demonstrate how Article 253 enables India to fulfill its international obligations by enacting laws that align with the provisions of international agreements.

Conclusion

Article 253 of the Indian Constitution plays a crucial role in enabling India to fulfill its obligations under international law. It empowers the Parliament to enact laws necessary for giving effect to international agreements, ensuring that India complies with its commitments and responsibilities.

By implementing international agreements, India demonstrates its commitment to international cooperation and its willingness to be a responsible member of the global community. Article 253 also helps in harmonizing domestic laws with international standards and ensures uniformity in the implementation of international agreements throughout the country.

Through the enactment of laws under Article 253, India strengthens its position in the global arena and contributes to the development of a rules-based international order.