Law4u - Made in India

How Does India Sign And Ratify International Treaties?

Answer By law4u team

India, as a sovereign nation, engages in various international treaties to promote diplomacy, trade, defense, environmental protection, and global cooperation. The process of signing and ratifying treaties in India is guided by constitutional provisions and executive procedures. However, unlike many countries, India does not require parliamentary approval for signing or ratifying treaties—unless a treaty requires changes to existing domestic laws.

Treaty-Making Process in India

Executive Authority

The power to negotiate, sign, and ratify international treaties lies with the Executive, i.e., the Union Government, primarily the Ministry of External Affairs (MEA). The President of India authorizes the treaty through the Council of Ministers.

Signing a Treaty

Signing indicates India’s intent to be bound by the treaty but does not create binding legal obligations. This is usually done by authorized diplomats or ministers.

Ratification

Ratification is the formal act of consent to be legally bound by the treaty. This requires Cabinet approval, but not necessarily Parliament’s approval, unless the treaty impacts domestic law.

Parliamentary Involvement (Article 253)

Article 253 of the Indian Constitution empowers Parliament to make laws to implement any international treaty, agreement, or convention. However, the Constitution does not mandate Parliament’s approval for the ratification itself.

If the treaty requires changes to Indian law, then the Parliament must pass a law.

If no domestic law is impacted, the treaty can be ratified without involving Parliament.

Publication and Notification

Once ratified, the treaty may be published in the Gazette of India and often shared publicly by the MEA.

India’s Approach vs. Global Practice

India follows a dualist approach, which means international treaties are not automatically enforceable domestically unless implemented by specific legislation.

In contrast, monist systems (e.g., Netherlands, France) may incorporate treaties directly into domestic law.

Examples of Treaty Implementation

Paris Agreement (Climate Change): India ratified it in 2016. As it didn’t require immediate changes in domestic law, parliamentary approval was not sought.

WTO Agreements: India joined as a founding member and subsequently amended several laws, such as the Patents Act, to comply with TRIPS.

Consumer Safety Tips (for Public Awareness on Treaties)

Track major treaties India signs on MEA’s official website.

Know that only Parliament can make a treaty enforceable within India.

Treaties on human rights, climate, or trade may indirectly affect your rights or economic environment.

Read media and government updates on treaty negotiations—especially those involving environment, data privacy, or global trade.

Example

India signs a bilateral investment treaty with Country Z, allowing mutual protection of foreign investments.

Steps followed in India:

Negotiation: Officials from India and Country Z agree on terms.

Signature: Authorized representative from MEA signs the treaty.

Cabinet Approval: Indian Cabinet approves the treaty for ratification.

Ratification: India submits an instrument of ratification to Country Z or a relevant body like the UN.

Implementation: If the treaty requires changes in foreign investment laws, Parliament is asked to pass an amendment.

This structured process ensures that India upholds its international commitments while maintaining constitutional checks on treaty-related legal changes.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Madan Mohan Sharma

Advocate Madan Mohan Sharma

Cheque Bounce, Civil, Consumer Court, Motor Accident, Family

Get Advice
Advocate Vimal Kumar Rameshchandra Joshi

Advocate Vimal Kumar Rameshchandra Joshi

Succession Certificate, Property, Revenue, Landlord & Tenant, Family

Get Advice
Advocate Raju Jani

Advocate Raju Jani

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, R.T.I, Revenue

Get Advice
Advocate S C Subbannanavar

Advocate S C Subbannanavar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Family, Motor Accident, Muslim Law

Get Advice
Advocate Pratyush Prakash Singh

Advocate Pratyush Prakash Singh

Banking & Finance, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Insurance, Motor Accident, Property, Succession Certificate, Tax

Get Advice
Advocate Paramesh

Advocate Paramesh

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Immigration, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Supreme Court, Wills Trusts

Get Advice
Advocate Ram Nayak

Advocate Ram Nayak

Family, Anticipatory Bail, Court Marriage, Cheque Bounce, Wills Trusts, R.T.I, Motor Accident, Labour & Service, Divorce, Cyber Crime, Criminal, Child Custody, Domestic Violence, Documentation

Get Advice
Advocate Ravi Kumar

Advocate Ravi Kumar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Family, Domestic Violence, Cyber Crime, Property, Motor Accident, Consumer Court, Arbitration

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.