UPSC Prelims 2013 Q21: Indian Polity – Parliament & State Legislatures
The Parliament can make any law for whole or any part of India for implementing
international treaties
- (a) with the consent of all the States
- (b) with the consent of the majority of States
- (c) with the consent of the States concerned
- (d) without the consent of any State
Answer: (d) without the consent of any State
Explanation
Laws to implement international treaties
Article 253 lets Parliament make a law for the whole or any part of India to implement any treaty, agreement or convention.
It needs the consent of no State, even if the subject is in the State List.
| Way Parliament can enter the State List | Article | Consent of States? |
|---|---|---|
| National interest (Rajya Sabha resolution) | 249 | No |
| National emergency | 250 | No |
| Request by two or more States | 252 | Yes, of those States |
| International agreements | 253 | No |
| President's rule | 356 | No |
Laws passed using Article 253:
| Law | Treaty behind it |
|---|---|
| Environment (Protection) Act, 1986 | Stockholm Conference, 1972 |
| Biological Diversity Act, 2002 | Convention on Biological Diversity |
Answer: (d) without the consent of any State.
Why each option is right or wrong
- (a) Incorrect. Consent of all the States is not required.
- (b) Incorrect. Consent of a majority of States is not required.
- (c) Incorrect. Even the States concerned need not consent.
- (d) CORRECT. Parliament can act without the consent of any State (Article 253).
Key point
Article 253: Parliament may legislate on any subject to implement international treaties, without any State's consent. Article 252 is the one that needs States' request.
Remember
Treaties: Article 253, no State's consent.
Common mistakes
- Confusing Article 253 with Article 252.
- Thinking a State List subject always needs the State's consent.
- Forgetting that the Environment (Protection) Act rests on Article 253.
Exam tip
252 = States ask. 253 = treaties, no asking.
Sources
- Constitution of India — Articles 249, 252 and 253
- M. Laxmikanth — Indian Polity, chapter on Centre-State Relations