Prateek, Hidayatullah National Law University Raipur
Abstract
There are certain theories aroused which is not anything else than practices prevalent in countries. The certain theories is although reflection of practices but have been proved to be futile to conclude the hulk fight of hegemony between International law and Municipal Law. India constitution have been reflection of image to a great extent of British practice due to pre Independence influence. However Constitution had been lighthouse to guide the path of significance of international law with regard to municipal law. the position of India with regard to existing of international customary law is that it should not be inconsistent with municipal law as decided by Parliament. Jeeja Ghosh v Union of India15 reflects the dilemmatic position trapped in by Supreme Court when it comes to application of international law in consonance with municipal law. Theoretically Indians have adopted dualism principle but when it comes to practical or judiciary ground reality it evolved in ‘creeping monism’.Jeeja Ghosh case is another prime witness of creeping monism prevalent in India. . The practical consequences of direct effect doctrine of judicial jurisprudence would authorized executive to implement the international law consistent with domestic law without any enactment of legislation act with regard to that particular issue.
Keywords: Right to Life, Fundamental Rights, DPSP, VLCT, International law, Domestic law
