Article 253 in Constitution of India
253. Legislation for giving effect to international agreements
Notwithstanding anything in the foregoing provisions of this Chapter, Parliament
Presidnet of India under Article 143(1) , AIR 1960 SC 845, the Supreme Court explained the scope of Article 253 as follows: -
The effect ... delimited, and Article 246 distributes legislative power subject-wise between the Parliament and the State Legislatures. Articles 247 , 249 , 250 , 252 and 253 enact some
treaties, agreements and
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conventions, the issue of applicability of Article 253
of the Constitution of India would arise. As such, the
Union Parliament ... assent under Article 254
(2) of the Constitution of India would validate the
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State Act, then the very purpose of Article 253
matter enumerated in the State List.
Articles 247 to 252 need not detain us. Article 253 is
important. It states that notwithstanding anything ... legislative power was conferred
upon them under Article 256 of the Constitution. In other
words, Article 253 of the Constitution operated
notwithstanding anything contained
that such matter is a matter enumerated in the State List.
Article 253. Legislation for giving effect to international agreements :--Notwithstanding anything in the foregoing ... Article 246 prescribes the subject-matter of laws which Parliament can make; and Article 248 provides for the residuary powers of legislation in Parliament. Article
Capital Regulations have
not been enacted as law as per Article 253 of the Constitution. He dilated
upon this contention by pointing out that ... preceded by the enactment of law by Parliament in terms of
Article 253 of the Constitution. For this proposition, he relied on the
following judgments
other country. That the power under Article 245(1) is subordinate to the power under Article 253 is also made clear by a non-obstante ... invoking Article 245(1) , as the power under Article 245(1) is subordinate to the power under Article 253.
20. In other words, the contention
President of India under Article 143(1) ,
AIR 1960 SC 845, the Supreme Court explained the
scope of Article 253 as follows: -
“The effect ... delimited, and Article 246
distributes legislative power subject-wise
between the Parliament and the State
Legislatures. Articles 247 , 249 , 250 , 252 and
253 enact some
President of India under Article 143(1) ,
AIR 1960 SC 845, the Supreme Court explained the
scope of Article 253 as follows: -
“The effect ... delimited, and Article 246
distributes legislative power subject-wise
between the Parliament and the State
Legislatures. Articles 247 , 249 , 250 , 252 and
253 enact some
presidential assent under Article 31A of the
Constitution. (vi) The Act is not protected under
Article 31C of the Constitution. (vii) The object ... enact any law to
give effect to any International Treaty. Under Article
253 of the Constitution, the Parliament is the competent
authority to make