UPSC IAS - 2013

The Parliament can make any law for whole or any part of India for implementing international treaties

Year Asked: 2013

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

Correct Answer

D. Without the consent of any State

Detailed Explanation

The correct answer is D. Under Article 253, Parliament can make any law for the whole or any part of India to give effect to international treaties, agreements or conventions with other countries, and no State's consent is needed. This is a deliberate exception to the normal division of powers under Article 246 and the Seventh Schedule, where most subjects sit in the State List.

Why the others fail:

  • A and B: Consent of all States or of a majority of States is not a requirement anywhere in Article 253.
  • C: Even the States whose subject matter the treaty touches need not consent. The Centre's power is not conditional on State approval.

Mains link: this power is central to debates on federalism and India's treaty obligations. The Environment (Protection) Act, 1986 is often cited as a law enacted to implement decisions taken at the Stockholm Conference, which shows how the power works in practice.

Trap: Students confuse Article 253 with Article 252 (which needs consent of two or more States for a law on a State subject) or Article 249 (which needs a Rajya Sabha resolution), and pick one of the consent options.

This question appeared in UPSC Prelims 2013 GS Paper-1.

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