Answer By law4u team
International law can be binding on India, but the way it applies depends on the nature of the law and how India incorporates it into its domestic legal system. Here’s a detailed explanation: 1. Dualist Approach of Indian Legal System India follows a dualist approach to international law. This means that international law does not automatically become enforceable within India unless it is incorporated into domestic law by legislation passed by Parliament. For example: A treaty signed by India does not have the force of law in Indian courts unless there is a domestic law giving effect to that treaty. If there is no such legislation, the treaty may have moral or political value but is not legally enforceable by Indian citizens or courts. 2. Role of the Constitution (Article 51 and Article 253) Article 51 of the Constitution directs the State to promote international peace and adhere to international law and treaty obligations. However, this is part of the Directive Principles of State Policy, which are not enforceable by courts. Article 253 empowers Parliament to make laws to give effect to any international treaty or agreement. 3. Use of International Law by Indian Courts Even though treaties may not be directly enforceable, Indian courts often refer to international conventions and customary international law: Courts can rely on international law when there is no conflict between such law and Indian statutes. In the case Vishaka v. State of Rajasthan (1997), the Supreme Court relied on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), even though there was no Indian legislation implementing it, because it did not conflict with Indian law. 4. Customary International Law Customary international law—norms widely accepted by the international community—may be considered binding unless it contradicts domestic law. Indian courts may adopt such norms in the interest of justice and international comity. 5. Treaties and Agreements Treaties signed by India require ratification by the government. To become binding in courts, treaties must be enacted into Indian law. For instance, the Extradition Act and the Environment Protection Act are examples of laws passed to implement international obligations. 6. Sovereignty vs. International Obligations India, like any sovereign nation, retains the power to decide whether and how to implement international law. If Parliament does not enact a law, courts will not enforce a treaty—even if India has signed it. Conclusion: International law is not automatically binding on India unless it is incorporated into Indian law by legislation. However, Indian courts do consider international conventions and customary international law, especially when they support constitutional principles and human rights. Therefore, while international law has persuasive authority, it becomes legally binding in India only through appropriate legal enactment.
