Chennai Non Woven'S Private Limited vs State Of Tamil Nadu on 11 July
Enterprises ' case, supra.
Learned counsel also referred to Article 253 of the Constitution which
is the legislation for giving effect to international agreements ... 2007 11
counsel submitted that reading Article 73 (b) along with Article 253
in the light of the decision of the Supreme Court in Maganbai
clause. Article 253 , thus, operates
notwithstanding anything contained in Article 245 and
Article 246. Article 246 confers power on Parliament to
enact laws with respect ... these
entries, Parliament is required to keep Article 51 in mind.
239. Article 253 of the Constitution provides that
while giving effect to an international
within the exclusive domain of Parliament within the meaning of Article 253 and Entry No. 14 of List 1 of VIIth Schedule. If, therefore ... prevent human trafficking based on International Covenants. Parliament alone under Article 253 of the Constitution has power to make a law on Trafficking to give
been enacted by
Parliament to give effect to this treaty under Article 253 of the Constitution of India; the
Court cannot, consequently, take cognizance ... cannot be implemented unless Parliament passes a law as required under
Article 253.
.....
494. The learned Chief Justice also relied on the observation made
Constitution of India read with Article 246. However, the powers of the Parliament under Article 253 are wide and the non-obstante clause ... beginning of the article, leaves no room for any doubt that such power, any legislation enacted under Article 253 would and can override any legislation
protected by the principles enunciated under Article 253 of the Constitution of India. Article 253 of the Constitution of India empowers the Parliament to enact ... State subjects in order to give effect to international convention. Article 253 of the Constitution of India is extracted hereunder:
"253.Legislation for giving
Colorcon Asia Pvt. Ltd. Thr. ... vs The Joint Commissioner Of Income Tax And ... on 28
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 of the exceptions to the rule
contained in Article 246. The effect of Article 253 is that
if a treaty, agreement or convention with
Trafigura India Private Limited vs Union Of India on 5 May, 2023
Author: N.V