Central

Section 2 of The Anti-Apartheid (United Nations Convention) Act, 1981

(1)Notwithstanding anything to the contrary contained in any other law, such of the provisions of the International Convention on the Suppression and Punishment of the Crime of Apartheid as are setout in the Schedule shall have the force of law in India.
(2)The Central Government may, from time to time, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Convention set out therein.
(3)Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before each House of Parliament.

Summary

This section gives the force of law in India to the parts of the international convention that are listed in the Schedule.
These international rules apply in India even if other existing Indian laws say something different, which is a notwithstanding clause (meaning it overrides other laws).
The Central Government has the power to change the Schedule to match any new updates made to the United Nations convention.
The government does this by publishing a notification in the Official Gazette (the official public newspaper of the government).
Any change or update the government makes to the Schedule must be presented to both Houses of Parliament as soon as possible after it is published.

Practical examples

1In June 1982, a local maritime regulation in Chennai conflicts with a provision of the anti-apartheid Schedule. Under Section 2, the Schedule provision takes precedence because it has the force of law notwithstanding anything to the contrary in other laws.

2On November 10, 1984, the United Nations adopts an amendment to the Convention's articles. The Central Government of India updates the Schedule through an official notification in the Gazette and later presents it to both the Rajya Sabha and Lok Sabha (the two houses of Parliament) for review.

FAQ

1. Which parts of the International Convention have the force of law in India?

Only the provisions of the International Convention on the Suppression and Punishment of the Crime of Apartheid that are set out in the Schedule have the force of law in India.

2. What happens if another Indian law conflicts with the provisions in the Schedule?

The provisions in the Schedule will still have the force of law, regardless of any conflicting rules in other laws.

3. Who has the authority to amend or change the Schedule?

The Central Government has the power to amend the Schedule by publishing a notification in the Official Gazette.

4. What must the Central Government do after amending the Schedule?

The Central Government must present every notification of amendment before each House of Parliament as soon as possible after it is issued.

Test yourself

Q1.Where are the specific provisions of the Convention that have the force of law in India listed?

Q2.How does Section 2 handle conflicts between the scheduled provisions and other existing laws in India?

Q3.How can the Central Government amend the Schedule under Section 2?

Q4.What must the Central Government do after issuing an amendment notification?

Q5.What must any amendments made to the Schedule conform to?

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