Article 253 and Article 254 of the Constitution of India
Articles 253 and 254 form part of the constitutional distribution of legislative power between Parliament and the State Legislatures. Article 253 concerns laws made to implement international obligations. Article 254 deals with repugnancy between certain Parliamentary laws and State laws, particularly in the Concurrent List field.
Article 253: Legislation for giving effect to international agreements
Article 253 gives Parliament legislative power to implement India's international commitments. The provision begins with a non-obstante clause, meaning that the power operates notwithstanding the preceding provisions of the same Chapter dealing with distribution of legislative powers.
Article 253 - Legislation for giving effect to international agreements.
Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
Meaning and effect of Article 253
In practical terms, Article 253 is a special constitutional source of Parliamentary legislative competence. It enables Parliament to enact a law for the whole or any part of India when the purpose is to implement a treaty, agreement, convention, or a decision made at an international conference, association or other body.
The significance of the opening words is that implementation of an international obligation is not confined in the ordinary way by the division of subjects in the Seventh Schedule. The Article therefore addresses the legislative competence needed to translate qualifying international commitments into domestic law.
Article 254: Inconsistency between Parliamentary and State laws
Article 254 provides the constitutional rule for resolving repugnancy between a State law and a law made by Parliament in the field covered by the provision. It is especially relevant where both Parliament and a State Legislature have legislated on a matter in the Concurrent List.
Article 254(1). If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to clause (2), the Parliamentary law or existing law prevails and the State law is void to the extent of the repugnancy.
Article 254(2). Where a State law concerning a Concurrent List matter contains a provision repugnant to an earlier Parliamentary law or existing law on that matter, the State law may prevail in that State if it has been reserved for the consideration of the President and has received Presidential assent. Parliament nevertheless retains power to enact a later law on the same matter, including a law adding to, amending, varying or repealing the State law.
The expression repugnancy generally refers to an inconsistency or conflict of the kind contemplated by Article 254. The constitutional consequence under clause (1) is limited to the extent of the repugnancy; it does not automatically invalidate unrelated portions of a State enactment.
Article 254(2): State law with Presidential assent
Clause (2) creates an exception for a State law concerning a Concurrent List matter that conflicts with an earlier Parliamentary law or existing law. If the State law is reserved for the President's consideration and receives assent, it can prevail within that State despite the earlier conflicting law.
This does not permanently exclude Parliament. The proviso to Article 254(2) expressly preserves Parliament's authority to legislate later on the same matter, including by adding to, amending, varying or repealing the State law.
Difference between Article 253 and Article 254
| Provision | Subject | Core constitutional effect |
|---|---|---|
| Article 253 | Implementation of treaties, agreements, conventions and qualifying international decisions | Confers power on Parliament to legislate for the whole or any part of India for implementation. |
| Article 254(1) | Repugnancy between State law and competent Parliamentary or existing law | The Parliamentary or existing law prevails, and the State law is void to the extent of repugnancy, subject to clause (2). |
| Article 254(2) | Repugnant State law on a Concurrent List matter | A State law reserved for and assented to by the President may prevail in that State, subject to Parliament's later legislative power. |
How Articles 253 and 254 fit into the legislative scheme
These provisions should be read with the surrounding constitutional framework governing legislative relations. Articles 245 and 246 deal with the territorial extent and subject matter of laws made by Parliament and State Legislatures. Articles 249 and 250 provide special Parliamentary powers concerning State List matters in specified circumstances, while Articles 251 and 252 address related legislative situations.
Official text and legal resources
For the authoritative constitutional text and current official material, consult the Legislative Department, Ministry of Law and Justice and India Code. The official Constitution text should be checked when the exact wording of a provision is material.
This page is an informational explanation of Articles 253 and 254. For a dispute involving legislative competence, repugnancy, Presidential assent or treaty implementation, the applicable enactments, constitutional amendments and binding judicial decisions should also be examined.