Harmonizing Municipal And International Law: An Analysis From The Lens Of The Decision Rendered In Jeeja Ghosh V. UOI
Sriradha Rai Choudhuri, Hidayatullah National Law University
ABSTRACT
The application of municipal and international law within the territorial boundaries of a nation has always been a question of debate. Although a general understanding is to harmonise both the municipal and international law, with India following the same approach, the confusion arises when certain decisions seem to be primarily based on international treaties and conventions due to the absence or inability to apply the municipal legislations. Everything then boils down to a single inquiry into the merits and validity of the decision itself. Many a time, it is the international law that tries to fill in the gaps left by the municipal system, and barring such application can even result in human right failures. At the same time, too much emphasis on international norms without looking at corresponding municipal laws can ultimately destroy the basic foundation of a parliamentary democracy that maintains the sovereignty of the Parliament at its best. Through the analysis of the judgement of Jeeja Ghosh v. UOI, this paper seeks to bring forth how a judgement should be decoded or could be even minutely modified in a way that it ultimately promotes the balance between the municipal and international law, with regards primarily to the Indian scenario.
