If a treaty is signed by Parliament, is it binding on the citizens?


If a treaty is expressly approved by the Parliament, is it then automatically binding on Indian citizens? Or, must the legislation approving the Treaty have particular language in it that makes it binding on the Indian people?

 

What language is the domestic legislation required to contain?

 

Answer

 

When a treaty is approved, it is usually done in the nature of a Bill presented in the Parliament and passed and notified as an act. Any law passed and notified becomes binding on those which are required to be bound by the act, it can be the Government or the people. The domestic legislation is basically a municipal statute.

 

An example of this would be amendment to Patents Act in the year 2005, to conform to the TRIPS agreement.

 


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