Are treaties signed by India automatically binding on citizens?
There is a clause or provision in the United States Constitution that provides that treaties or conventions with foreign powers constitute part of the law of the land. The effect of this clause is that the terms of treaties or conventions are binding on and enforceable against United States citizens.
Is there anything similar in Indian law that makes Treaties or Conventions entered into by the Indian government binding on Indian citizens or companies?
The relevant clause in Indian Constitution is Article 51, which is merely a Directive Policy and doesn't bind India unless the treaty is ratified by the Parliament. This is unlike US, where when the treaty is approved by the country it automatically becomes binding on the country, in India it requires express approval of the Parliament for its implementation.
Unless the treaty or convention doesn't receive assent from the Parliament, the same cannot be enforced in India.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the International Law Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Can Children of 1st wife claim share in 2nd mother's property ?
- Friend's colleague harassing and blackmailing her
- Left company in 6 days company asking to serve notice period
- Action to be taken if Dump yard next to school causing health hazard
- Land encroachment case dismissed by the court