INTERNATIONAL LAW AND THE CONSTITUTION OF INDIA- A JUDICIAL

REVIEW

SUBMITTED TO:

This paper was written as a part of the National Seminar, 2019 on “Contemporary Challenges
in Indian Constitutional Law” organised by Maharashtra National Law University,
Aurangabad.

Date - March 10, 2019

SUBMITTED BY:

Author - Aditya Sharma, Co-Author - Himanshu Indise

Maharashtra National Law University Nagpur,
Moraj D and D building, Wardha Road, Khapri,
Nagpur 441108
indisehimanshu1@gmail.com
Abstract

International law is the set of rules generally regarded and accepted in relations
between nations. The force of international law comes from the pressure that states put upon
one another to behave consistently and to honour their obligations. The constitution makers
were not unaware of the contemporary rise of the international law within state boundaries as
against its historic nature wherein the state was all sovereign even externally due to lack of
global interdependence. Mention of the international law in the Indian constitution can be
found in Article 51 as part of Directive Principles of State Policy (DPSP) which suggests a
non-binding obligation on the state. However, the judicial decisions that allow an international
law to be municipal law unless contrary to the constitution is still a question for debate and
shall be critically analysed.

This interpretation by many is considered to be a backdoor channel for potential extra-

parliamentary law making and inflow of untested jurisprudence by International institutions
such as ICJ and other International Organisations which puts binding obligations on a country.
This paper will analyse the contradictions among municipal law and international law and will
discuss ‘constitutional supremacy’. The researcher will further analyse the potential of judicial
review over international treaties which by virtue of one ratification allows International bodies
to make laws on behalf of a country which is also termed as ‘delegated law making’. This paper
will also discuss the role international law has played in shaping the Indian constitution,
benefiting the deprived classes and even the environment.

The author has finally discussed the long-standing debate on the stand of international law in
the eyes of subordinate judiciary where India is a party to a certain international obligation.