Integration of International Law in the Indian Legal System: A  Comprehensive Analysis – Bhargavjyoti Saharia

Integration of International Law in the Indian Legal System: A  Comprehensive Analysis 

by 

Bhargavjyoti Saharia 

3^rd Year, 

LLB Hons. (Business Law) 

bhargavsaharia06@gmail.com

Keywords : International Law, Treaty, Directive Principles, Decolonization ,  Human rights, sovereignty, UN Charter, Constitution. 

Abstract :  

This article provides a comprehensive analysis of the integration of  international law within the Indian legal system. It begins by highlighting India’s  unique commitment to international law, evident through its explicit  recognition of its importance in the Constitution under Article 51. The article  then delves into India’s historical role in shaping modern international law  during the post-war era, emphasizing its support for the United Nations Charter  framework and its pivotal role in the decolonization process. Furthermore, the  article examines the categorization and scope of international law,  distinguishing between private international law and public international law. It  explores how international law governs a wide range of global issues, including  human rights, environmental protection, and diplomatic relations, with a focus  on its impact on Indian legal policy. 

Additionally, the article discusses significant case law that exemplifies the  judiciary’s approach towards international law, emphasizing the importance of  harmonizing conflicting laws and critically reviewing international instruments. 

1. Introduction  

 It is significant to acknowledge that India is perhaps the only country to  underscore the importance of international law explicitly in its Constitution,  embedding it as a directive principle aimed at fostering respect for international  law under Article 51. In the initial decades following its Independence, India was  a crucial player in the development of modern international law during the  transformative post-war period. Demonstrating steadfast support for the United  Nations Charter framework and the principle of self-determination, New Delhi 

played a vital role in the decolonization process that reshaped many nations’  futures. India’s first Prime Minister, Pt. Jawaharlal Nehru, who possessed a  profound respect for international law’s principles, further institutionalized this  commitment by establishing the Indian Society of International Law (ISIL) in  1959. Under Nehru’s leadership, India not only reinforced its dedication to  international norms but also actively contributed to the global legal discourse,  promoting principles of peace, justice, and cooperation on the international stage. 

2. International Law 

The United Nations defines international law as the framework establishing the  legal responsibilities of States in their interactions with one another and their  treatment of individuals within their territories. This comprehensive domain  addresses a multitude of global issues, encompassing human rights, disarmament,  international crime, refugee protection, migration, nationality concerns, the  treatment of prisoners, the use of force, and the rules of warfare. Furthermore,  international law regulates shared global resources and spaces, including  environmental protection, sustainable development, international waters, outer  space, global communications, and world trade. Through these regulations,  international law aims to create a structured and just international order that  promotes peace, security, and cooperation among nations. 

3. Types of International Law  

International law can be divided into two primary categories: Private international  law and Public international law. 

3.1. Private International Law: This category addresses disputes between  private entities, such as individuals or corporations, that have connections to  multiple countries. It determines which country’s laws are applicable in  specific situations, resolving conflicts of national laws. For example, legal  issues arising from the toxic gas leak at the Union Carbide plant in India,  owned by a U.S. corporation, fall under private international law. This branch  of law ensures that legal controversies involving multiple jurisdictions are  adjudicated fairly by establishing clear legal frameworks and choosing the  appropriate national laws to apply.

3.2. Public International Law: Often referred to as the “law of nations” or simply  “international law,” this category encompasses the laws, rules, and principles  that govern the conduct of nation-states and international organizations in  their interactions with each other, as well as their relationships with  individuals, whether natural or juridical persons. Public international law  includes a wide array of specialized fields such as the law of the sea, economic  law, diplomatic law, environmental law, human rights law, and humanitarian  law. It sets out the legal standards for global interactions, ensuring orderly and  peaceful coexistence among states and promoting international cooperation  on issues of common concern. 

4. Impact of International Law in Indian Legal Policy. 

Here’s an overview of how international law impacts Indian legal policy: 4.1 Treaty Obligation :  

• Binding Treaties: India is a signatory to various international treaties and  conventions, such as the united Nations Charter, the International Covenant  on Civil and Political Rights (ICCPR), and the Convention on the Elimination  of All Forms of Discrimination Against Women (CEDAW). These treaties  obligate India to align its domestic laws with international standards. 

• Implementation: Once ratified, these treaties require the Indian government  to implement their provisions through domestic legislation. For instance, the  Protection of Human Rights Act, 1993, reflects India’s commitment to  international human rights norms. 

4.2 Judicial Separation : 

Supreme Court and High Courts: Indian courts often refer to international law  to interpret constitutional provisions and statutes. The Supreme Court of India  has used international conventions to expand the scope of fundamental rights.  For example, in the Vishaka v. State of Rajasthan case, the court relied on  CEDAW to frame guidelines on sexual harassment at the workplace. 

4.3 Legislative Influence :

• Domestic Laws: International law influences the drafting of new legislation.  Laws concerning environmental protection, such as the Environment  Protection Act, 1986, are influenced by international conventions like the  Stockholm Conference and the Rio Declaration. 

• Human Rights: Legislation on human rights, including the Juvenile Justice  (Care and Protection of Children) Act, 2015, reflects international standards  set by the Convention on the Rights of the Child (CRC). 

4.4 Foreign Policy and Trade : 

• International Trade Agreements: India’s trade policies are shaped by its  commitments under the World Trade Organization (WTO). Compliance with  WTO rules requires India to make necessary amendments to its trade laws and  policies. 

• Bilateral and Regional Agreements: India’s involvement in regional  agreements like the South Asian Association for Regional Cooperation  (SAARC) and bilateral treaties also necessitates legal adjustments in domestic  law to fulfill international obligations. 

4.5. Environment Law : 

• Global Environmental Agreements: India is a party to international  agreements such as the Paris Agreement on climate change. These  commitments influence national policies and legislative measures related to  environmental conservation and climate action. 

• Sustainable Development Goals (SDGs): India’s policies are aligned with  the United Nations SDGs, integrating global environmental and development  standards into domestic frameworks. 

4.6. Humanitarian and Refugee Law: 

International Humanitarian Law: India adheres to principles of international  humanitarian law, even though it has not ratified the 1951 Refugee  Convention. Policies regarding refugees and asylum seekers are influenced by  customary international humanitarian norms. 

4.7 Criminal Law : 

International Criminal Law: India’s legal framework for addressing crimes  such as terrorism, piracy, and drug trafficking is influenced by international  conventions like the United Nations Convention against Transnational  Organized Crime (UNTOC). 

5. Indian Judiciary towards International Law. 

The approach of Indian courts towards international law has seen a continuous  evolution. The Indian Supreme Court has, in multiple instances, highlighted the  importance of considering the core principles enshrined in international conventions  and instruments when interpreting constitutional requirements. The Court has  asserted that, whenever possible, these principles should be applied, especially in  situations where domestic law is silent on an issue and there is no conflict between  international norms and national legislation. This evolving judicial approach reflects  a growing recognition of the role of international law in shaping and guiding  domestic legal frameworks, ensuring that India’s legal system aligns with global  standards and commitments. 

While the Indian judiciary does not possess the authority to create legislation, it  holds the discretion to interpret and integrate India’s international law obligations  into domestic legal decisions. This interpretative power allows the judiciary to  effectively incorporate international legal standards when adjudicating cases that  involve aspects of international law. In this regard, the Indian judiciary has been  notably proactive, particularly in the realms of human rights and environmental law,  ensuring that international treaty obligations are upheld within the national legal  framework. By doing so, the judiciary bridges gaps between international  commitments and domestic implementation, reinforcing India’s adherence to global  legal norms and enhancing the protection of fundamental rights and environmental  standards. 

6. Case Law :  

In the National Legal Services v. Union of India case of 2014, the court  underscored that if there exists any legislative conflict between Indian law and 

international law, the courts are mandated to uphold the provisions of Indian  legislation. Nevertheless, in the absence of such conflicting legislation, Indian  municipal courts are inclined to recognize and abide by the principles of  international law.  

This stance echoes the sentiment expressed by the Calcutta High Court in the 1954  case of Krishna Sharma v. State of West Bengal, wherein the court emphasized  the importance of seeking a harmonious reconciliation between domestic and  international legal frameworks when discrepancies arise. Furthermore, courts are  tasked with critically reviewing the text and interpretations of international  instruments, including treaties, conventions, and declarations, to ensure their  effective incorporation and application within the national legal context. This  multifaceted approach reflects the judiciary’s commitment to upholding the rule of  law while simultaneously respecting India’s international legal obligations and  commitments. 

Conclusion 

In conclusion, the implementation of international law within the Indian legal system  reflects a dynamic and evolving relationship between global norms and domestic  jurisprudence. India’s commitment to international legal obligations is evident  through its incorporation of international principles into domestic legislation,  judicial decisions, and policy frameworks. While the Indian judiciary does not have  the authority to enact legislation, it plays a pivotal role in interpreting and applying  international law within the national context. Through proactive judicial  intervention, courts ensure that India upholds its international commitments,  particularly in areas such as human rights, environmental protection, and diplomatic  relations. Moreover, the judiciary’s approach of harmonizing conflicting laws and  critically reviewing international instruments demonstrates a nuanced understanding  of the complexities inherent in balancing domestic sovereignty with global legal  standards. Overall, the implementation of international law in the Indian legal  system underscores India’s engagement with the international community and its  aspiration to uphold principles of justice, equality, and cooperation on the global  stage.