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Are treaties signed by India automatically binding on citizens?
15-Feb-2023 (In International Law Law)
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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