The Parliament can make any law for the whole or any part of India for implementing International treaties

1. The Three-fold Distribution of Legislative Powers (basic)

To understand how India functions as a federal country, we must first look at how the power to make laws is divided between the Centre (Parliament) and the States. This distribution is not random; it is systematically organized under the Seventh Schedule of the Constitution, as per Article 246. Think of it as a blueprint that prevents the two levels of government from stepping on each other's toes while ensuring that the country stays united.

The Constitution provides a three-fold distribution of legislative subjects, categorizing them into three distinct lists. This ensures that matters of national importance are handled uniformly, while matters of local concern are managed by those closest to the people. D. D. Basu, Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.377 breaks these down as follows:

List	Authority	Nature of Subjects	Key Examples
List I (Union List)	Parliament only	National Importance	Defense, Foreign Affairs, Banking, Census D. D. Basu, p.554
List II (State List)	State Legislatures	Local/Regional Importance	Police, Public Health, Agriculture, Fisheries
List III (Concurrent List)	Both Parliament & States	Shared Interest	Education, Marriage, Criminal Law, Forests

While this division seems strict, the Indian Constitution has a unitary bias. For instance, if there is a conflict (repugnancy) between a Central law and a State law on a subject in the Concurrent List, the Central law usually prevails. Furthermore, Article 253 provides a unique override: Parliament can legislate on any subject—even those in the State List—if it is necessary to implement international treaties or agreements. This ensures that India can meet its global obligations without being hindered by internal jurisdictional boundaries. M. Laxmikanth, Indian Polity, Chapter 15: Centre-State Relations, p.165.

Sources: Introduction to the Constitution of India (D. D. Basu), Distribution of Legislative and Executive Powers, p.377; Introduction to the Constitution of India (D. D. Basu), TABLES, p.554; Indian Polity (M. Laxmikanth), Chapter 15: Centre-State Relations, p.165

2. Territorial Extent of Central and State Legislation (basic)

To understand how laws work in India, we first look at where they apply. This is called the territorial extent. Think of it as the "geographical boundary" of a legislature's power. Under Article 245, the Constitution draws a clear line: the Parliament can make laws for the whole or any part of the territory of India (which includes States, Union Territories, and any territory India might acquire), while a State Legislature is generally confined to the borders of its own state M. Laxmikanth, Indian Polity, Chapter 15, p.144. However, there is a fascinating distinction called extra-territorial legislation. Only the Parliament possesses this power. This means a law passed by the Indian Parliament can apply to Indian citizens and their property anywhere in the world. A State Legislature does not have this power; its laws stop at its borders D. D. Basu, Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.376. The only exception for a State is the Doctrine of Territorial Nexus—a rule which says a state law can apply to something outside the state if and only if there is a sufficient connection (nexus) between the state and the object of the law.

Feature	Parliament's Reach	State Legislature's Reach
Primary Territory	Whole or any part of India (States + UTs + Acquired areas).	Whole or any part of that specific State.
Extra-territorial Power	Yes. Can govern citizens/property outside India.	No. Jurisdiction ends at the state border.
Union Territories	Can legislate on any subject (even State List) for UTs.	No jurisdiction over UTs.

There are also specific overriding powers. For instance, under Article 253, the Parliament can make laws for the whole of India to implement international treaties or agreements. In such cases, the Parliament can even legislate on subjects that are usually reserved for the States, and it does not require the consent of the State governments to do so M. Laxmikanth, Indian Polity, Chapter 15, p.165. This ensures that India can meet its international obligations uniformly across its entire territory.

Sources: Indian Polity, Centre State Relations, p.144; Introduction to the Constitution of India, DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.376; Indian Polity, Centre State Relations, p.165

3. Residuary Powers of the Union (intermediate)

In a federal system, powers are typically divided into lists to ensure clarity. However, because society evolves, no list can ever be exhaustive. **Residuary Powers** refer to the authority to make laws on matters that are not specifically mentioned in the Union, State, or Concurrent Lists. Under **Article 248** of the Indian Constitution, this exclusive power is vested in the **Union Parliament** M. Laxmikanth, Centre-State Relations, p.146. This includes not just general legislation but also the power to levy **residuary taxes**—for example, the Wealth Tax or Gift Tax, which were not explicitly named in the constitutional lists. To understand the uniqueness of this arrangement, we can look at how it differs from other systems and our own history:

System	Vesting of Residuary Powers
USA & Australia	Vested in the States.
Canada	Vested in the Centre (similar to India).
GoI Act, 1935	Vested in the Governor-General (neither Centre nor Province) D. D. Basu, Introduction to the Constitution of India, p.378.
Modern India	Vested in the Union Parliament.

Beyond Article 248, the Union also possesses a specific "overriding" power under **Article 253**. This provision allows Parliament to make laws for the entire country or any part of it to implement **international treaties, agreements, or conventions** M. Laxmikanth, Centre-State Relations, p.165. Crucially, under Article 253, Parliament can even legislate on subjects that normally fall under the **State List** without needing the consent of the states. This ensures that the Union has the legal tools necessary to fulfill international obligations, reinforcing the constitutional principle that the final determination of legislative competence in unforeseen or international matters rests with the Union and, ultimately, the scrutiny of the **Courts**.

Sources: Indian Polity, Centre-State Relations, p.146; Indian Polity, Centre-State Relations, p.165; Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.378

4. Constitutional Mandate for International Relations (intermediate)

In the Indian constitutional scheme, the conduct of international relations is a shared journey between the Executive (the Government) and the Legislature (Parliament). However, the ultimate power to weave international commitments into the fabric of domestic law rests with Parliament. This follows the 'Dualist' doctrine, which suggests that international treaties do not automatically become part of Indian law upon signing; they require specific legislation passed by Parliament to be enforceable in Indian courts.

The moral and philosophical foundation for India's global engagement is found in Article 51 of the Directive Principles of State Policy. This article mandates that the State shall endeavor to promote international peace and security, maintain just and honorable relations between nations, and foster respect for international law and treaty obligations M. Laxmikanth, Foreign Policy, p.608. While these principles guide the government's direction, they are not legally enforceable by themselves D. D. Basu, THE PHILOSOPHY OF THE CONSTITUTION, p.24.

The real 'muscle' behind international relations lies in Article 253. This article provides Parliament with an overriding power to make any law for the whole or any part of India for implementing any treaty, agreement, or convention with any other country or international body. The most significant aspect of Article 253 is its extra-territorial and extra-jurisdictional reach: it allows Parliament to legislate even on subjects mentioned in the State List if such legislation is necessary to fulfill an international obligation M. Laxmikanth, Centre State Relations, p.165. This ensures that the Union government can honor its global promises without being hindered by the constitutional division of powers between the Centre and the States.

Feature	Article 51 (DPSP)	Article 253 (Legislative Power)
Nature	Directive/Guiding Principle	Enabling/Mandatory Power
Purpose	To guide foreign policy goals	To implement treaties via domestic law
Scope	Broad goals (peace, security)	Specific (overrides State List)

Sources: Indian Polity, M. Laxmikanth, Foreign Policy, p.608; Introduction to the Constitution of India, D. D. Basu, THE PHILOSOPHY OF THE CONSTITUTION, p.24; Indian Polity, M. Laxmikanth, Centre State Relations, p.165

5. Administrative Relations: Control of Union over States (intermediate)

In a federal system like India’s, while the Union and States operate in their own spheres, the Constitution ensures that the Union maintains a level of administrative control to prevent national fragmentation. This relationship is built on the principle that the executive power of the State must be exercised in a manner that ensures compliance with the laws made by Parliament. According to Article 257(1), the Union has the power to issue directions to a State to ensure that the State’s executive actions do not 'impede or prejudice' the exercise of the Union’s own executive power Indian Constitution at Work, Federalism, p.162. This creates a hierarchy where national interests take precedence over regional administrative choices in specific scenarios.

One of the most potent tools of Union control is Article 253. This article grants Parliament the overriding power to enact laws for the entire country—or any part of it—to implement international treaties, agreements, or conventions. What makes this extraordinary is that Parliament can legislate even on subjects that otherwise fall exclusively under the State List. This ensures that the Indian government can fulfill its global commitments without being blocked by a state's refusal to cooperate. Effectively, for the purpose of international obligations, the federal nature of the Constitution shifts toward a unitary structure Indian Polity, Centre-State Relations, p.148.

Beyond these specific directives, the administrative control is further reinforced through the All-India Services (IAS, IPS). These officers are recruited and trained by the Union but serve in the States. This creates an integrated administrative system where the Union maintains a direct line of influence within the State’s own machinery Indian Constitution at Work, Federalism, p.162. If a State fails to comply with the administrative directions issued by the Union under Articles 256 or 257, it can even lead to the invocation of Article 356 (President’s Rule), on the grounds that the State government is not being carried on in accordance with the Constitution.

Sources: Indian Constitution at Work, Federalism, p.162; Indian Polity, Centre-State Relations, p.148

6. Parliamentary Legislation in the State Field (Articles 249-252) (exam-level)

In a strictly federal setup, the Union and States operate within their own exclusive spheres. However, the Indian Constitution provides for five extraordinary circumstances where the Parliament can legislate on matters in the State List (List II). This flexibility ensures that the national interest is never compromised by a rigid division of powers. As an aspiring administrator, you must understand that while the States usually have exclusive jurisdiction over List II, the Union holds a 'latent power' to intervene when the situation demands. Indian Polity, M. Laxmikanth, Chapter 15, p.703

The first two mechanisms involve the Rajya Sabha and Emergency powers. Under Article 249, if the Rajya Sabha declares by a resolution (supported by two-thirds of members present and voting) that it is necessary in the national interest, Parliament can make laws on a State subject. This resolution remains in force for one year but can be renewed indefinitely. Under Article 250, the Parliament gains the power to legislate on any State subject while a Proclamation of Emergency is in operation. Laws made under both these articles are subject to Article 251, which states that in case of a conflict between the Union law and a State law on the same subject, the Union law shall prevail. Indian Constitution at Work, NCERT Class XI, p.110

Another critical path is Article 252, which deals with the consent of States. If the legislatures of two or more States pass resolutions requesting Parliament to enact a law on a State subject, Parliament may do so. This law applies only to those specific States (though others may adopt it later). Crucially, once such a law is passed, the State legislatures lose their power to amend or repeal it; only Parliament can do so. Lastly, Article 253 gives Parliament the overriding power to legislate on any subject (including State subjects) to implement international treaties or agreements. This power is absolute and does not require the consent of any State. Indian Polity, M. Laxmikanth, Chapter 15, p.165

Article	Trigger Condition	Role of States / Rajya Sabha
249	National Interest	Rajya Sabha must pass a resolution by 2/3rd majority.
250	National Emergency	Parliament gains automatic competence over List II.
252	Consent of States	Requested by 2 or more States; States lose power to amend the law.
253	International Treaties	Parliament acts unilaterally to fulfill global obligations.

Sources: Indian Polity, M. Laxmikanth, Chapter 15: Centre-State Relations, p.703; Indian Constitution at Work, NCERT Class XI, Chapter 5: Legislature, p.110; Indian Polity, M. Laxmikanth, Chapter 15: Centre-State Relations, p.165

7. Article 253: Implementing International Agreements (exam-level)

In our federal structure, the Seventh Schedule usually keeps the Union and States in their own legislative lanes. However, Article 253 acts as a powerful 'bridge' that allows the Parliament to cross over into the State List without needing any permission from the states. Specifically, it empowers Parliament to make laws for the whole or any part of India to implement any international treaty, agreement, or convention, or any decision made at an international conference Indian Polity, Centre-State Relations, p.147. This ensures that the Union government can fulfill its global commitments without being blocked by regional legislative boundaries.

A critical nuance to remember is the doctrine of Dualism. In India, a treaty signed by the Executive (the Prime Minister or President) does not automatically become the 'law of the land.' For a treaty to affect the rights of citizens or change domestic rules, the Parliament must step in and pass a specific law under Article 253. This reinforces the supremacy of the Legislature; the Executive can sign a treaty, but the Houses must enact it for it to have domestic legal force. This distinguishes Article 253 from other 'emergency' powers because it can be invoked during normal times, provided there is an international obligation to meet.

Compared to other provisions like Article 252 (which requires the consent of two or more states), Article 253 is unconditional. The phrase "notwithstanding anything in the foregoing provisions" means that even the usual rules of federalism are set aside to ensure India speaks with one voice on the global stage Indian Polity, World Constitutions, p.703. Laws related to the environment (like the Environment Protection Act, 1986) and trade-related intellectual property rights are classic examples where Parliament used this route to bring state subjects under a uniform national law.

Sources: Indian Polity, Centre-State Relations, p.147; Indian Polity, World Constitutions, p.703

8. Solving the Original PYQ (exam-level)

This question tests your understanding of the Legislative Relations between the Union and the States, specifically the extraordinary powers of the Parliament. While the Indian Constitution generally respects the division of powers, Article 253 acts as a critical exception designed to help the Union fulfill its international obligations. The core logic here is sovereignty: to ensure that India speaks with a single voice on the global stage, the Parliament must have the power to override the State List when implementing international treaties, agreements, or conventions. This brings together the building blocks of Territorial Jurisdiction and Functional Distribution you just studied.

When you walk through the reasoning, remember that Article 253 begins with a non-obstante clause, meaning it bypasses the usual restrictions of the federal structure. This allows the Parliament to legislate on subjects normally reserved for States without needing their permission. Therefore, the correct answer is (D) without the consent of any State. This ensures that a single state cannot veto the nation's international commitments, a principle reinforced in M. Laxmikanth, Indian Polity under the discussion of Centre-State Relations.

UPSC frequently uses Options (A), (B), and (C) as distractor traps because they look like other constitutional mechanisms. For example, "consent of the majority of States" is a requirement for certain Constitutional Amendments under Article 368, and "consent of the States concerned" is the prerequisite for Article 252 (legislation by consent). The trap lies in confusing Cooperative Federalism with Treaty Power. By selecting (D), you recognize that for international matters, the Indian Constitution shifts from a federal to a unitary character to protect national interests.