A plea has been filed in Supreme Court regarding Rafale deal as it has not been ratified by the Parliament under Article 253 of the Indian Constitution.
About Article 253 of the Indian Constitution:
- The Preamble to the Constitution of India declares that India is a sovereign Democratic Republic. Sovereignty has an internal as well as an external aspect.
- As regards external sovereignty, it has been said that “in consequence of its external independence, a State can, unless restricted by treaty, manage its international affairs according to its discretion; in particular, it can enter into alliances and conclude other treaties, send and receive diplomatic envoys, acquire and cede
territory, make war and peace”.
- It is thus evident that treaty-making power is an aspect of external sovereignty. Article 253 of the Constitution of India runs thus: “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 treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.”
- Article 253 is in conformity with the object of “fostering respect for international law, and treaty obligations in the dealings of organised people with one another”.
- By the inclusion of Entries 13 and 14 in List I (Union List) (Schedule VII) treaty making and implementation of treaties, etc., has been made a subject of Union Legislation.