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:

Question

The concept of per se disqualification is unknown to the Constitution. Any decision as to the disqualification proceedings under the Tenth Schedule must be taken after following the due process of law and the principles of natural justice. A member incurs disqualification only after adjudication by the Speaker. The procedure for the adjudication of disqualification petitions is prescribed under the Maharashtra Legislative Assembly (Disqualification on Ground of Defection) Rules 1986. The MLAs facing disqualification retain the right to participate in the proceedings of the House and vote on resolutions. Article 189(2) of the Constitution provides that any proceedings of the House are not invalid even if it is subsequently discovered that persons who were not entitled to participate or vote or otherwise take part in the proceedings, did so. In Pratap Gouda Patil v. State of Karnataka and Speaker, Haryana Vidhan Sabha v. Kuldeep Bishnoi, this Court observed that members should not be stopped from taking part in the proceedings of the House merely because disqualification proceedings were pending against them
Prior to the deletion of Paragraph 3 of the Tenth Schedule, the Speaker’s enquiry as to the existence of a split within a political party was limited to a prima facie determination for deciding the disqualification proceedings. As a result of the deletion of Paragraph 3, the authority of the Speaker to form even a prima facie opinion regarding a split within a political party has been removed. Upon the deletion of Paragraph 3, the only defence for disqualification proceedings under the Tenth Schedule are that of a merge under Paragraph 4. The Election Commission of India is the sole authority empowered to decide disputes between rival factions of a political party according to the provisions of the Symbols Order.
[Extracted from Subhash Desai v. Principal Secretary, Governor of Maharashtra (2023)]

Answer 1

Step 1: Understand the situation.
Parliament wants to pass a law to carry out India's duty under an international environmental treaty. The subject normally sits in the State List, and no resolution under Article 252 has been passed. We must find where Parliament gets its power.

Step 2: Recall Article 253.
Article 253 gives Parliament a special power to make laws for the whole or any part of India to implement any treaty, agreement, or convention with another country.

Step 3: Why it overrides the State List.
Article 253 is an overriding provision. Even if the topic is otherwise a State subject, Parliament can still legislate on it when the purpose is to honour an international obligation. So an environmental treaty can be implemented by Parliament.

Step 4: Why not Article 252.
Article 252 works only when two or more states pass resolutions asking Parliament to legislate. The question clearly says no such resolution was passed, so Article 252 is ruled out.

Step 5: Why not Articles 249 or 250.
Article 249 needs a Rajya Sabha resolution in the national interest, and Article 250 applies only during a national emergency. Neither situation is present here.

Step 6: Conclude.
The source of Parliament's competence to implement the treaty is Article 253.
\[ \boxed{\text{Article 253}} \]

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:

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The Correct Option is C

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