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PIL ASSIGNMENT – ‘INDIA AND INTERNATIONAL LAW’

India has been the main contributor in the area of international law especially in the fields of
human rights laws, environmental laws, arbitration law, and change law. The domestic laws in
India have corresponded with the international principles and norms in order to fulfil the
international obligations which it has to all different ratifying nations. In India international law
is carried out both in accordance to the function performed with the aid of every of the organ of
the authorities or from the standpoint of applicability in every discipline of law. India is a
celebration of greater than one hundred and sixty treaties and conventions dealing with many
fields of law like air law, space law and maritime law. The Indian constitution and worldwide
regulation have links dating back to the pre-independence days when India used to be a separate
member of the league of countries even all through the instances of British rule.

STATUTES RELATING TO INTERNATIONAL LAW

Article 511 is the most pertinent Article in the Constitution which is in relation to international
law. As per the arrangements in this Article, the state has the duty to advance international
harmony and security in the country and keep up noteworthy relations with different countries.
The Article explicitly makes reference to that the state will regard every one of the arrangements
identified with international law and will put forth its best attempts to satisfy its deal
commitments and furthermore empower the settlement of global disputes with the assistance of
arbitration.2

Despite the Article not explicitly stating that international law is a part of domestic laws, it
demands for International law to be respected. Article 51 of the constitution which is a directive
principle has to be read in consonance with Article 37. 3 As per Article 37, the articles contained

1
The Constitution of India, 1950, Art. 51.

2
Alexander, C. (1952). International Law in India. The International and Comparative Law Quarterly, 1(3), 289-

300. Retrieved April 1, 2021, from http://www.jstor.org/stable/755410

3
The Constitution of India, 1950, Art. 37.
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in Part IV of the constitution will not be enforceable in courts. However, it is the state’s
obligation to ensure the application of the standards laid down.

In the case of Keshavanand Bharti v/s state of Kerala (1973), Honorable Chief Justice Sikri said
when there is a situation where the language of the municipal law is indistinct or opposite then
the court should take the guide of the parent international authority of that precise municipal law.
4
This is due to the fact Article 253 of our constitution offers unique power to our parliament to
make legal guidelines for giving impact to any treaty, convention or agreement with any united
states or any decisions made at any international conference.

Similarly, in the case of Krishna Sharma v/s state of West Bengal (1954), The Calcutta high
court said that when there is a dispute between municipal law and domestic law, the courts shall
try to make a harmonious construction between the two laws.5

In the case of Vellore citizens welfare forum vs Union of India (1996), the Supreme Court held
the validity of the principles of sustainable development and polluter pays principle. It mentioned
that as soon as these principles have been accepted as a part of customary international law, no
troubles shall occur in accepting them as a part of the domestic legislation except they are now
not inconsistent with the present domestic laws.6

Further, the apex court on account of State of West Bengal v. Kesoram ventures (2004),7
reemphasised that India submits to the convention of dualism and expressed that any settlement
that has been ratified by India can't turn into the rule that everyone must follow except if the
parliament passes a law as under Article 253.

4
Keshavanand Bharti v. State of Kerala, AIR 1973 SC 1461.

5
Krishna Sharma v. state of West Bengal, AIR 1954 SC 988.

6
Vellore Citizens Welfare Forum v. Union of India, [1996] 5 Suppl. SCR 241

7
State of West Bengal v. Kesoram ventures, AIR 2005 SC 1646..
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Similarly, Article 51 A,8 of India's constitution13 provides power to Article 29(1) of the UDHR,
14 which addresses citizens' duties to the state in order to help develop the country and recognize
the value of individual duty.

CONCLUSION

While examining India’s obligation to international law, The Constitution is a document that
provides us India’s position and tactic to the growing field of international law. As we observe,
the links of India with the international law date back to the pre-independence days when India
was one of the first instituting members of The United Nations. The preamble, organs of the
government, fundamental rights and various other provisions in the constitution are created to
align with the international law. India has attempted to integrate and employ international law in
many of its judgments and decisions subject to the provision that they are consistent with the
domestic laws of the land. Further, the pertinence of many Articles has been supported by
international law treaties and international principles of customary law thus building India’s legal
framework and position in the international community.

8
Article 51 A of Indian Constitution.