Q. With respect to powers of Parliament, consider the following statements:
1. Parliament has the power to legislate on international treaties.
2. Parliament cannot enact a law on State subjects in order to implement international treaties.
Which of statements given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: A
Notes:

Explanation:

The Government of India recently signed trade deals with Australia and the UAE. However, there is no scrutiny of these trade treaties by the Parliament. This gives rise to the argument of democratic deficit in the treaty making process.

What is the Constitutional Arrangement?

  • According to Article 246, Parliament has the legislative competence on all matters given in the Union list. Entry 14 of the Union list notes ‘Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries’. Thus, Parliament has the power to legislate on international treaties;
  • This power includes:
    • Deciding how India will ratify treaties and thus assume international law obligations;
    • Parliament’s competence to give effect to treaties within the domestic legal regime by enacting laws;
  • Article 253 provides the power to the Parliament to enact a law on State subjects in order to implement international treaties.

Source: EPIC June 2022