AIR 2014 SUPREME COURT 1863

Supreme Court Of India

Hon'ble Judge(s): K. S. Radhakrishnan, A. K. Sikri , JJ

(A) Constitution of India , Art.253, Art.51— International Law and treaties - Implementation by Municipal Courts - Permissible when domestic laws is not in conflict - Or when there is void in domestic law. Article 253 of the Constitution of India states that the Parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention. Generally, therefore, a legislation is required for implementing the international conventions, unlike the postition in the United States of America where the rules of international law are applied by the Municipal Courts on the theory of their implied adoption by the State, as a part of its own Municipal law. Art. 51 which enjoins State to foster respect for international law and treaty obligation has to be read along with Article 253 of the Constitution. If the parliament has made any legislation which is in conflict with the international law, then Indian Courts are bound to give effect to the Indian Law, rather than the international law. However, in the absence of contrary legislation, municipal courts in India would respect the rules of international law.(Para 50 53) (B) Constitution of India , Art.14, Art.15, Art.19, Art.21, Art.253, Art.51— Fundamental....