From International Commitments to Domestic Law: The Federal Implications of Article 253

Article 253 of the Indian Constitution gives Parliament the power to make laws that all of India must follow to carry out international treaties, conventions, and agreements, even on issues that are constitutionally reserved for the states. This provision shows that India is serious about its international duties and needs to speak with one voice on the world stage. However, it also brings up important constitutional questions about the balance of power in India's quasi-federal system. The wide range of Article 253 lets the Union take over State List subjects, which goes against the idea of federal autonomy and raises questions about whether the current checks and balances are strong enough._x000D_ This article examines the constitutional origins, scope, and judicial interpretation of Article 253, emphasising the courts' consistent acknowledgement of its extensive reach. It looks at how it works in real life by looking at important cases like environmental laws, the Lokpal framework, and how public health was handled during the pandemic. The answer should make sure that the failure doesn't get in the way of the main goal of development. The analysis demonstrates that India lacks robust mechanisms for state involvement in treaty implementation, as evidenced by comparative perspectives from other federal systems such as the United States and Australia. The article stresses how courts have always upheld the broad scope of Article 253. It examines the practical implementation of this provision through significant examples, including environmental legislation, the Lokpal framework, and public health management during the pandemic. The analysis shows that India doesn't have strong systems for including states in treaty implementation when compared to systems in the US and Australia._x000D_ According to the article, while having a central government under Article 253 aids India in effectively fulfilling its obligations abroad, it can also result in the centre being granted excessive authority. This has the potential to erode democratic accountability and collaboration among governmental levels. According to the article, this can be fixed by requiring the parliament to approve major international agreements, ensuring state governments are consulted when their interests are at stake, and having the courts ensure that these actions are constitutional. It thinks that taking these actions would assist India in striking a balance between its domestic federal structure and its obligations abroad.