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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The States and Foreign Relations 1

The States and Foreign Relations 1

Chapter:
(p.348) 54 The States and Foreign Relations1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0064

This chapter deals with the role played by the chief minister of a state in matters of foreign policy. Mr. Jyoti Basu's visit to Dhaka in 1996 may be the first time when the chief minister of a state of the Indian union parleyed with the head of a foreign government. The article shows that the Indian Constitution does not preclude such negotiations as can be seen in Article 258(1). His effort was in the best spirit of genuine federalism. Unlike the Australian Constitution, the Indian Constitution contains an explicit provision (Article 253) enabling parliament to override the federal distribution of power in the implementation of a treaty or decision at an international conference. Before signing an agreement consulting a state does not weaken the federal structure but strengthens it.

Keywords:   Jyoti Basu, Indian union, foreign government, foreign policy, federalism, Australian Constitution, Indian Constitution, Article 253, treaty

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