The Implication Of Article 253 On The Powers Of Parliament To Execute Treaties And Its Impacts On The Indian Federalism
Abhijit Debnath, O.P. Jindal Global University
ABSTRACT
The paper explores the implications of Article 253 of the Indian Constitution, which empowers the Parliament to give effect to international agreements. The paper focuses on the federal character of Article 253 in relation to international law and its impact on center-state relationships in India.
It begins by discussing the broad powers granted to the Parliament under Article 253, allowing it to legislate for the entire country in matters related to international treaties. It highlights the significance of this provision for maintaining India's external sovereignty and examines its implications for centre-state relationships.
It then delves into the question of whether the Union Government can execute a treaty with another country on matters listed in the State List. It explores whether the Union Government is obligated to consult the concerned states in such cases. These issues are thoroughly examined, emphasizing the need for consultation and cooperation between the Union Government and the state governments.
The underlying problem with Article 253 is explained, arguing that the Union Government should develop a mechanism for consulting state governments before executing international treaties or conventions that encroach upon state matters listed in List II of the Constitution.
The paper also discusses the impact of COVID-19 on centre-state relations in the context of treaty execution. It addresses the concerns raised by state governments during the pandemic regarding the distribution of medical equipment and vaccines through international treaties.
To overcome the issues discussed, the paper recommends amending Article 253 to make the execution of treaties subject to parliamentary ratification. It suggests a more inclusive and accountable decision-making process that involves consultation with state governments and emphasizes the role of the Supreme Court in ensuring compliance with the Constitution.
In conclusion, the paper advocates for a long-term goal of federal accountability and consultation between the Union Government and state governments in treaty execution. It emphasizes the need for a unified voice internationally while addressing the challenges posed by the treaty-making powers of the Union Government. By implementing a consultative and negotiated approach, the credibility of the country's international opinion can be upheld while respecting the federal framework of the Indian Constitution.
