What is the role of the Government of India in international agreements?

Answer By law4u team

The Government of India plays the central role in making, negotiating, signing, and implementing international agreements and treaties on behalf of the country. Under the Constitution of India, the Union Government handles foreign affairs and international relations. Main roles of the Government of India in international agreements: Negotiation of treaties The Central Government negotiates agreements with foreign countries and international organizations. Signing international agreements Agreements are usually signed through the Ministry of External Affairs on behalf of India. Ratification and approval After signing, the Government may formally ratify the treaty according to constitutional and legal requirements. Implementation of treaties Parliament may pass laws to implement international obligations in India. Article 253 of the Constitution gives Parliament power to make laws for implementing international treaties. Representation in international organizations India participates in bodies like the United Nations, World Trade Organization, and other global forums through the Central Government. Protection of national interests The Government ensures agreements protect India’s sovereignty, security, economy, and diplomatic interests. Bilateral and multilateral cooperation India enters agreements relating to: Trade Defence Climate change Extradition Human rights Technology Maritime security Important constitutional provisions: Article 51 — promotes international peace and treaty obligations. Article 73 — executive power of Union extends to foreign affairs. Article 253 — Parliament can legislate for implementing international treaties. Examples of international agreements involving India: Paris Agreement Indo-US Civil Nuclear Agreement South Asian Association for Regional Cooperation agreements Trade agreements with multiple countries and regional groups.

Answer By Ayantika Mondal

Dear Client, The Government of India plays a primary role in international agreements by acting as the sole authority responsible for negotiating signing and ratifying international treaties. Under the Indian Constitution the power to enter into treaties and agreements with foreign countries is an executive function that is performed by the Union Cabinet, while there is no specific legislation regulating the treaty making process the government follows established practices primarily given by the Ministry of External Affairs which coordinates the negotiation and finalization of these international agreements All such international agreements are concluded in the name of the President of India. The legislature also has a critical role to play that is distinct from the executive while the executive can sign and ratify agreements, international treaties are generally not self -executing in India as India follows the dualistic approach. Under Article 253 of the Constitution the Parliament has the power to enact laws for the whole or any part of India to implement any treaty agreement or convention. This is a significant provision because it allows the Parliament to pass legislation on matters that might otherwise fall under the jurisdiction of state legislatures ensuring that India can fulfil its international obligations effectively. Finally, the Government’s approach is guided by the directive principles of state policy specifically provided under Article 51. Which mandates the state to foster respect for international law and treaty obligations further also to promote international peace and encourage the peaceful settlement of disputes The judiciary also plays a role in this framework by interpreting these international obligations when they are brought before domestic courts. When a treaty is not inconsistent with existing Indian laws courts often use it for the interpretation of domestic legislation. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou