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Q56 (IAS/2000) Polity & Governance › Parliament › Powers of houses Answer Verified

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

Result
Your answer:  ·  Correct: D
Explanation

Article 253 of the Constitution grants Parliament an overriding power to enact laws for the whole or any part of India to implement treaties, agreements or decisions of international bodies, “notwithstanding anything in the foregoing provisions of this Chapter,” thereby enabling Union legislation even where the subject falls in the State List. Indian courts have also observed that treaties do not by themselves change domestic law unless implemented by parliamentary legislation, reinforcing Parliament’s role in enactment for implementation [1]. The constitutional listing and commentary on Article 253 confirms this specific legislative competence of Parliament (Article 253 entry) [1]. Therefore Parliament may legislate for treaty implementation without requiring State consent.

Sources

  1. [1] https://humanrts.umn.edu/research/india-treaties.html
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 15: Centre State Relations > Punchhi Commission > p. 165
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