Articles 253 to 256 of the Indian Constitution: Empowering the Union in Matters of International Relations

Introduction

The Indian Constitution, as a comprehensive framework for governance, acknowledges the importance of international relations in shaping the nation's trajectory. Articles 253 to 256 of the Indian Constitution delineate provisions related to the Union's powers in matters of international relations. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India.

Article 253: Legislation for Giving Effect to International Agreements

Article 253 empowers the Parliament to enact laws for giving effect to international agreements, conventions, or treaties. This provision assumes significance in ensuring compliance with international obligations and aligning domestic laws with global standards. The case of Vishaka v. State of Rajasthan  is instrumental in understanding the interpretation and application of Article 253. The Supreme Court, in this landmark judgment, emphasized that international conventions and treaties should be given effect through appropriate legislation. This case highlights the role of Article 253 in promoting India's commitment to human rights and global cooperation by aligning domestic laws with international standards.

Article 254: Inconsistency between Laws Made by Parliament and Laws Made by the Legislatures of States

Article 254 deals with the resolution of inconsistencies between laws made by Parliament and laws made by the legislatures of states. In the modern era, conflicts may arise between central and state laws, requiring a mechanism to resolve these inconsistencies. The case of State of Rajasthan v. Union of India provides insights into the interpretation and application of Article 254. The Supreme Court, in this case, held that when there is a direct conflict between a central law and a state law on the same subject, the central law will prevail. This judgment emphasizes the importance of maintaining uniformity in laws and resolving conflicts in favor of central legislation to promote national integration.

Article 255: Requirement for Previous Sanction

Article 255 addresses the requirement for previous sanction in bringing proceedings against the Government of India or the Government of a state in matters relating to international treaties or agreements. While this article may seem procedural, its interpretation and application have significant implications for the protection of the interests of the Union in international affairs. The case of R. Viswan v. Union of India provides insights into the interpretation of Article 255. The Supreme Court, in this case, held that prior sanction is necessary before initiating legal proceedings against the Government of India or the Government of a state for acts done in connection with foreign affairs. This judgment underscores the importance of protecting the interests of the Union and ensuring a coordinated approach in matters of international significance.

Article 256: Obligation of States and the Union

Article 256 imposes an obligation on states and the Union to comply with the laws made by Parliament and the executive power of the Union. This provision emphasizes the need for coordination and harmonization in the implementation of laws relating to international obligations. The case of Union of India v. Harbhajan Singh Dhillon provides insights into the interpretation and application of Article 256. The Supreme Court, in this case, held that states are duty-bound to obey laws made by Parliament and cannot refuse to implement them merely on the ground of lack of resources or administrative convenience. This judgment underscores the importance of fulfilling international obligations collectively and upholding the authority of the Union in matters of international relations.

Conclusion

Articles 253 to 256 of the Indian Constitution play a crucial role in empowering the Union in matters of international relations and ensuring compliance with international obligations. Through relevant case laws, we have observed the significance of these provisions in aligning domestic laws with global standards, resolving conflicts between central and state legislation, and promoting a coordinated approach to international affairs. As India continues to strengthen its position on the global stage, it is imperative to maintain the discourse surrounding Articles 253 to 256, striking a balance between the Union's authority and the autonomy of states, while upholding the nation's commitments in the international arena.