India follows a DUALIST approach to international law, meaning that:

Question

Accepted Answer

B. international law and municipal law are SEPARATE LEGAL SYSTEMS — treaties must be IMPLEMENTED THROUGH PARLIAMENTARY LEGISLATION under Article 253 to become enforceable in Indian courts

1. India follows the DUALIST approach: international law and municipal law are SEPARATE legal systems. International treaties do not automatically become part of municipal law.
2. The Executive concludes treaties under the Treaty-Making Power (an executive prerogative; cf. Magenbhai Patel v. UoI, AIR 1969 SC 783).
3. Parliament then transforms treaty obligations into domestic law through legislation under Article 253 (overriding the federal lists).
4. Indian courts treat customary international law as part of Indian law to the extent it is not inconsistent with municipal law (Gramophone Co. v. Birendra Bahadur Pandey, AIR 1984 SC 667).
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — Indian dualist doctrine; Articles 51 and 253 Constitution; Magenbhai Patel v. UoI, AIR 1969 SC 783_

Answer

international law is automatically incorporated into Indian municipal law without any legislative act (cf. Indian dualist doctrine; Articles 51 and 253 Constitution; Magenbhai Patel v. UoI, AIR 1969 SC 783)

Answer

Indian courts apply international law to override the Constitution (cf. Indian dualist doctrine; Articles 51 and 253 Constitution; Magenbhai Patel v. UoI, AIR 1969 SC 783)

Answer

international law and municipal law are wholly identical with no distinction (cf. Indian dualist doctrine; Articles 51 and 253 Constitution; Magenbhai Patel v. UoI, AIR 1969 SC 783)