Pooja & Paridhi Bansal, Delhi Metropolitan Education, GGSIP University
ABSTRACT
The legal implications of international law in the Indian domestic legal system are examined in this article along with the general relationship between international law and municipal legal systems. According to the author of this article, India has significantly influenced international law. However, India continues to be reluctant to sign treaties that clearly give local courts a role in enforcing the law and restrict freedom of expression. The requirements of international law are covered in this article, together with how they are implemented in India's local legal system.
In an effort to answer the question of who has the authority to make treaties, it critically explores the underlying duality in domestic legislative processes that give treaties legal substance. This article examines how the Indian judiciary applies international law. This article makes suggestions for a new legal framework that would effectively carry out international law. International treaties may be referred to or applied by the judiciary in nations that adhere to the “monist” school. These agreements are referred to as self- executing. On the other hand, when it comes to the domestic application of international law, nations like India adhere to the “dualist” school of law. The law of India does not thus immediately include international agreements.
Keywords: Treaties, International law, Indian domestic system, Monist, Dualist
