Under which of these Articles,Parliament has the power to make any law for implementing any international treaty for agreement?
A) Article- 250
B) Article- 251
C) Article- 252
D) Article- 253
Answer
211.5k+ views
Hint: The implementation of this Article could be interpreted as the removal of restrictions and limitations imposed by Articles 245 and 246(3). This increased the power of the Parliament by multiple folds as it unlocked the entire arena to legislation by the Parliament. In other words, this article acts as an exception to the rule stated in Article 246.
Complete answer:
Draft Article 230 , later Article 253 was brought up for discussion in the constituent Assembly on 13th June, 1949 and 14th June, 1949. Initially, the draft Article gave an exclusive power to the Union Parliament which allowed it to create laws for any region which belonged to the Indian territory in order to implement any agreement, treaty or convention entailing one or more countries.
On 13th June, 1949, under the guidance of the President of the assembly, Dr. Rajendra Prasad an amendment was moved to substitute the words 'for any State or part thereof' with 'for the whole or any part of the territory of India'; Consequently on this day, the assembly adopted this amendment without any debate. The constituent assembly witnessed another amendment proposal on 14th October, 1949. A member suggested an addition to the end of the Draft Article: 'or any decision made at any international conference, association or other body.’ Coincidentally, no disagreement was seen during the debate of this amendment as well.
Though, till date Article 253 is often seen as a breach of federalism by several activists due to the immense and exclusive power it confers to the Union Parliament.
Thus the correct answer is Option D- Article- 253.
Note: Article 253, which was enacted on 26th April, 1975 under the ministry of Law and Justice states “Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for any State or part thereof for implementing any treaty, agreement or convention with any other country or countries.”
Complete answer:
Draft Article 230 , later Article 253 was brought up for discussion in the constituent Assembly on 13th June, 1949 and 14th June, 1949. Initially, the draft Article gave an exclusive power to the Union Parliament which allowed it to create laws for any region which belonged to the Indian territory in order to implement any agreement, treaty or convention entailing one or more countries.
On 13th June, 1949, under the guidance of the President of the assembly, Dr. Rajendra Prasad an amendment was moved to substitute the words 'for any State or part thereof' with 'for the whole or any part of the territory of India'; Consequently on this day, the assembly adopted this amendment without any debate. The constituent assembly witnessed another amendment proposal on 14th October, 1949. A member suggested an addition to the end of the Draft Article: 'or any decision made at any international conference, association or other body.’ Coincidentally, no disagreement was seen during the debate of this amendment as well.
Though, till date Article 253 is often seen as a breach of federalism by several activists due to the immense and exclusive power it confers to the Union Parliament.
Thus the correct answer is Option D- Article- 253.
Note: Article 253, which was enacted on 26th April, 1975 under the ministry of Law and Justice states “Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for any State or part thereof for implementing any treaty, agreement or convention with any other country or countries.”
Last updated date: 28th Sep 2023
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