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Section 70: Central Government and State Governments to have regard to international conventions while making rules

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1985
Section 69 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 71

Legal Commentary & Landmark Judgments: Section 70

Section 70 of the Narcotic Drugs and Psychotropic Substances Act, 1985 establishes an overarching statutory mandate requiring both the Central Government and State Governments, when making rules under the Act, to have regard to the international conventions to which India is a signatory, and empowers the Central Government to issue binding directions to State Governments regarding the execution of the Act. Anchoring domestic narcotics law directly in India's treaty obligations under Article 253 and Entry 14 of List I of the Constitution, Section 70 ensures harmonious compliance with the Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic Substances, 1971, and the UN Convention Against Illicit Traffic, 1988.

  • Treaty Harmonization Mandate: Section 70 requires the Central and State Governments to have regard to international conventions—specifically the 1961 Single Convention, the 1971 Psychotropic Convention, and subsequent protocols. This ensures that subordinate legislation regarding narcotics manufacturing quotas, controlled substances lists, export-import controls, and chemical precursors aligns strictly with international narcotic board regulations.
  • Central Directive Authority Over State Governments: The section authorizes the Central Government to give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and commands that 'the State Government shall comply with such directions.' This establishes Central supremacy in national narcotics policy, preventing state-level dilution of anti-narcotics enforcement.
  • Constitutional Foundation under Article 253: Section 70 operationalizes Article 253 of the Constitution of India, which empowers Parliament to make laws implementing international treaties and agreements. Delegated rule-making powers under Sections 76 and 78 must be interpreted in alignment with this internationalist statutory mandate.
Key Landmark Precedents:
  • Noor Aga v. State of Punjab (2008) 16 SCC 417: The Supreme Court noted that the NDPS Act was enacted to fulfill India's international treaty obligations under the Single Convention and Psychotropic Convention; while the Act must be interpreted in light of international obligations, domestic constitutional guarantees of fair trial under Article 21 remain paramount.
  • State of Punjab v. Baldev Singh (1999) 6 SCC 172 (Constitution Bench): The Constitution Bench observed that international conventions against drug trafficking provide the context for the severe statutory regime of the NDPS Act, requiring Courts to balance stringent enforcement with strict procedural compliance.
Courtroom Practice & Strategic Litigation Guidance:

In administrative and regulatory challenges against arbitrary state excise rules or local bans on industrial hemp or medical cannabis, invoke Section 70 to demonstrate that state rules must conform to Central Government policy and international treaty allowances for medical and scientific use. Where a conflict arises between Central directives and State execution, argue that Central directives issued under Section 70 are binding and preempt conflicting state executive orders.

Section 69 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 71