Question

Under the Constitution of India, Parliament enacts legislation to implement India's obligations under an international environmental agreement. The subject ordinarily falls within the State List and no resolution under Article 252 has been passed. The source of Parliament's competence would be:

• A. Article 252
• B. Article 249
• C. Article 253
• D. Article 250

Hint:

Article 253 = "International Overdrive." When India signs an international treaty, the Parliament gets the power to legislate on any subject (even State List ones) to fulfill that commitment!

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Article 253 grants Parliament the special power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or countries.

Step 2: Detailed Explanation:
- Even if a subject matter falls within the State List, Article 253 operates as an overriding provision. This allows Parliament to legislate on subjects otherwise reserved for states if the purpose is to fulfill international obligations (like an environmental treaty).

Step 3: Final Answer:
The source of competence is Article 253. Option (C) is correct.

Answer 2

The question asks which constitutional provision allows Parliament to legislate on a State List subject purely to give effect to an international environmental agreement, without any Article 252 resolution in place. Tracing the source of this power to its constitutional roots, rather than simply naming the article, helps confirm the right choice among the four.

1. Option (A): Article 252 allows Parliament to legislate on a State subject only when two or more state legislatures pass resolutions requesting it, and that law then applies just to the consenting states unless others adopt it later. The facts expressly rule out any such resolution, so Article 252 cannot be the source of Parliament's power here.
2. Option (B): Article 249 permits Parliament to legislate on a State List matter when the Rajya Sabha, by a special majority, declares it necessary in the national interest, and such a law lasts only for a limited period. This mechanism has nothing to do with treaty implementation and requires a specific Rajya Sabha resolution that is not part of the facts given, so it does not fit.
3. Option (C): Entry 14 of the Union List gives Parliament the power to enter into and implement treaties, and Article 51(c) of the Directive Principles directs the State to foster respect for international law and treaty obligations. Article 253 operationalises both by giving Parliament plenary power to legislate for the whole or any part of India to implement any treaty, agreement, or convention, overriding the usual Union-State division of subjects. This is precisely the constitutional route used to convert an international environmental commitment into domestic law, so this is the correct source.
4. Option (D): Article 250 lets Parliament legislate on State subjects only while a Proclamation of Emergency under Article 352 is in operation. Nothing in the facts suggests an Emergency is in force, and the subject matter here is a treaty obligation, not an emergency measure, so this option does not apply.

Matching the constitutional design to the facts, the treaty-implementation route built for exactly this situation is Article 253, since it alone lets Parliament act on a State List subject without needing state consent or an emergency or a special resolution.

Therefore, the correct answer is Article 253.