INTERNATIONAL TREATY OBLIGATIONS in Indian Constitutional law are implemented through:
Answer & Solution
Correct answer: A.
1. Article 253 Constitution of India: '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.'
2. INDIA follows DUALIST APPROACH:
3. (i) Treaties are NEGOTIATED by EXECUTIVE (Maganbhai Patel v UoI, AIR 1969 SC 783 confirmed executive's treaty-making power);
4. (ii) Treaties are NOT SELF-EXECUTING — they don't automatically become domestic law;
5. (iii) PARLIAMENT MUST LEGISLATE under Article 253 to give domestic effect.
6. EXAMPLES:
7. (i) Environment laws (post-Stockholm 1972) — Water Act, Air Act, EPA;
8. (ii) Anti-corruption laws (post-UN Convention 2003);
9. (iii) Climate laws (post-UNFCCC, Paris).
10. INDIAN COURTS treat customary international law as part of municipal law to the extent it is not inconsistent with municipal law (Gramophone Co. v. Birendra Bahadur Pandey, AIR 1984 SC 667).
11. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Constitution of India Article 253; Indian dualism; Maganbhai Patel v UoI_
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