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 250
• B. Article 252
• C. Article 253
• D. None of the above

Hint:

Remember: International Treaty = Article 253 National Emergency = Article 250 State Resolution = Article 252 These three Articles are frequently confused in examinations.

Answer 1

The Correct Option is C

Concept: The Constitution generally distributes legislative powers between the Union and the States through the Union List, State List, and Concurrent List. However, Article 253 creates an important exception by empowering Parliament to legislate for implementing international treaties, conventions, and agreements, even on matters that normally belong to the State List.

Step 1: Understanding Article 253.

• Article 253 begins with a non-obstante clause and gives Parliament special legislative power.

• Parliament may enact laws for implementing any treaty, agreement, or convention entered into with foreign countries.

• This power exists irrespective of whether the subject falls in the Union List, Concurrent List, or State List.

Step 2: Application to environmental agreements.

• Environmental protection may involve matters that ordinarily fall within State jurisdiction.

• When India undertakes obligations under an international environmental convention, Parliament can enact legislation to fulfill those obligations.

• Famous examples include environmental statutes enacted following international conferences and commitments.

Step 3: Why other options are incorrect.

• Article 250 applies during a Proclamation of Emergency.

• Article 252 requires a resolution passed by two or more State Legislatures.

• Since no such resolution has been passed, Article 252 is inapplicable.

• Therefore, Article 253 is the correct source of legislative competence.

Article 253 enables Parliament to implement international obligations even on matters otherwise falling within the State List. \[ \boxed{\text{Correct Answer = (C) Article 253}} \]

Answer 2

This question turns on identifying which specific constitutional provision lets Parliament legislate on a State List subject when it is implementing a treaty obligation, without any Article 252 resolution in place. The safest way to answer is to test each named provision against its own trigger condition and see which one actually matches the facts given.

1. Article 250: Article 250 gives Parliament power to legislate on any State List matter, but only while a Proclamation of Emergency is in operation. The facts here say nothing about an Emergency being in force; there is no national or state Emergency mentioned at all. Since the trigger condition of Article 250 is completely absent from the facts, this article cannot be the source of Parliament's power in this scenario.
2. Article 252: Article 252 lets Parliament legislate on a State List matter only after two or more State Legislatures pass resolutions asking Parliament to do so, and then only for the consenting states. The question expressly states that no resolution under Article 252 has been passed. That directly rules this article out as the operative source of power here.
3. Article 253: Article 253 opens with a non-obstante clause and empowers Parliament to make any law for the whole or any part of India for implementing any treaty, agreement, or convention with another country, or any decision made at an international conference, association, or other body. Crucially, this power does not depend on any Emergency and does not require a State resolution; it applies precisely because India has undertaken an obligation under an international agreement, even on a subject that would otherwise sit in the State List. The facts describe exactly this: Parliament legislating to implement an international environmental agreement on a State List subject. This matches Article 253 precisely.
4. None of the above: This option would only be correct if no listed provision fit the facts. Since Article 253 fits the facts exactly, this option is incorrect.

Working through each provision by its actual trigger condition rather than guessing from the subject matter alone shows that only Article 253 supplies Parliament with competence in the situation described, since it does not depend on an Emergency or a State resolution but specifically targets legislation implementing international obligations.

So the correct answer is Article 253.