In India, the process of ratifying international treaties is governed by the Constitution and follows a procedure involving the executive and legislative branches of government. Here’s how international treaties are ratified in India: 1. Negotiation and Signing: - Negotiation: When India enters into international negotiations, the Ministry of External Affairs (MEA) or other relevant ministries handle discussions and negotiations on the terms of the treaty. - Signing: Once the treaty's terms are agreed upon, the treaty is signed by authorized representatives of India, such as diplomats or government officials. 2. Executive Approval: - After the treaty is signed, the executive (the President of India and the Union Cabinet) has the authority to approve the treaty. The President, acting on the advice of the Council of Ministers, decides whether India will proceed with ratifying or acceding to the treaty. 3. Legislative Approval (if required): - For treaties that affect domestic laws or require changes to Indian law, the Parliament must approve the treaty. - The treaty may be presented before Parliament in the form of a Bill for ratification, which may require amendments to Indian laws to bring them in line with the treaty's provisions. - Some treaties, particularly those involving matters like trade, human rights, or environmental regulations, need the approval of both Houses of Parliament. - For example, the Treaty on Trade or Customs Laws would require a legislative process through the introduction of a bill. 4. Constitutional Provisions: - According to Article 253 of the Indian Constitution, Parliament has the power to legislate on any matter necessary to give effect to international treaties or agreements. - Article 73 grants the Union Government the authority to conduct foreign affairs, including entering into treaties and agreements with foreign countries, while ensuring that such actions do not violate Indian law. 5. Ratification: - Once the required legislative or executive approvals are obtained, the treaty is formally ratified by India. - The ratification is the formal adoption of the treaty, which makes it legally binding on India under international law. 6. Implementation: - Some treaties may require changes in domestic law for effective implementation. In such cases, the Indian government may pass legislative measures or amend existing laws to comply with the treaty. - If the treaty concerns human rights, environmental protection, or trade agreements, the government may draft and introduce laws to bring Indian statutes in line with the treaty obligations. 7. Binding Nature: - After ratification, treaties generally become binding on India under international law. However, the treaty is only enforceable in India if it is consistent with Indian law and the Constitution. - If the treaty conflicts with Indian law or the Constitution, it may be required to be modified or amended to be implemented domestically. Summary of the Process: 1. Negotiation and Signing of the treaty by authorized representatives of India. 2. Approval by the Executive, i.e., the President and Union Cabinet. 3. Legislative Approval, if necessary (if the treaty affects domestic law). 4. Ratification of the treaty, making it binding internationally. 5. Implementation of the treaty through necessary legislative changes or executive actions. In short, India’s treaty ratification process involves both the executive (through the President and Cabinet) and the legislature (through Parliament) to ensure compliance with domestic law and the Constitution, thereby ensuring India meets its international obligations.

Dear Client, Primarily, it is the executive that handles ratifying treaties in India, but Parliament must get involved when domestic laws in the country have to be changed as a result of the treaty. In India, international agreements do not join domestic law merely because the nation has ratified them. Constitutional Basis Article 73: This article of the Constitution broadly outlines the executive power of the Union, which extends to matters with respect to which Parliament has the power to make laws. In the absence of specific legislation on treaty-making, the executive exercises this power. Article 253: This is the most significant article related to the implementation of international treaties in India. It states: "Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body." This article grants Parliament the power to legislate on any matter, even those typically reserved for State Legislatures (State List), if it is for the purpose of implementing an international treaty. Article 51: As a Directive Principle of State Policy, Article 51 directs the State to "foster respect for international law and treaty obligations." While not directly enforceable, it serves as a guiding principle for the executive and the judiciary. Seventh Schedule, List I, Entry 14: This entry in the Union List gives the Parliament exclusive power over "entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries." Stages of Treaty Ratification in India The process generally involves the following stages: Negotiation and Signing Executive Approval (Pre-Ratification) Legislative Approval (The Key Dualist Step) Formal Ratification Implementation I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.