Question

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:

• A. Article 250
• B. Article 252
• C. Article 253
• D. None of the above

Hint:

Remember: International Treaty = Article 253 National Emergency = Article 250 State Resolution = Article 252 These three Articles are frequently confused in examinations.

Answer 1

The Correct Option is C

Step 1: Read the facts.
Parliament passes a law to carry out India's duties under an international environmental agreement. The subject normally falls in the State List, and no resolution under Article 252 has been passed. We must find the source of Parliament's power.

Step 2: Recall how powers are divided.
The Constitution usually divides law-making power between the Union and the States through the Union List, State List and Concurrent List. But there are special articles that change this in particular situations.

Step 3: Understand Article 253.
Article 253 begins with a non-obstante clause. It allows Parliament to make laws to carry out any treaty, agreement or convention with other countries. This power applies even if the subject normally belongs to the State List.

Step 4: Apply it to the facts.
Environmental protection may touch matters in the State List. But when India takes on duties under an international environmental convention, Parliament can pass a law to fulfil those duties using Article 253. Several Indian environmental statutes were passed this way.

Step 5: Check the wrong options.
Article 250 applies only during a Proclamation of Emergency, which is not the case here. Article 252 needs a resolution passed by two or more State Legislatures, and the facts say no such resolution was passed. So neither fits.

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