Polity

Article 253

Also: Parliament's power to legislate to implement international agreements

Definition
The Article allowing Parliament to make laws for the whole or any part of India on any subject, including State List matters, to implement treaties, agreements, conventions or decisions made at international conferences.
Summary card: Article 253. Overrides the normal division of the Seventh Schedule. No need for state consent. Treaties are made by the Union executive; Parliament legislates to give them force. Used for environmental, intellectual property and other laws
Summary card © UPSCPrep.in

Background and evolution

India follows a dualist approach to international law: a treaty signed by the government does not automatically become domestic law. To give it force, Parliament must legislate when the treaty affects rights or requires changes to law. Because many treaties touch subjects in the State List, such as public health, water or local government, the framers needed a provision allowing Parliament to legislate on them. Article 253, along with Entries 10 to 14 of the Union List on foreign affairs and treaties, serves this purpose.

The idea traces partly to debates in other federations, such as Australia, where the "external affairs power" has been read widely by courts, and the United States, where treaties are part of the supreme law of the land.

Key features and provisions

  • Scope: "any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body".
  • Territorial reach: whole or any part of India.
  • Override: applies "notwithstanding anything in the foregoing provisions of this Chapter", which includes Article 246.
  • No time limit: unlike Article 249, laws do not lapse.
  • Executive power: under Article 73, the Union's executive power extends to matters on which Parliament can legislate, so the government can sign treaties without prior parliamentary approval.

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Last reviewed: 23 October 2026 · Original UPSCPrep.in content.