The Public Policy Exception In Indian Private International Law: Guarding Sovereignty Or Hindering Comity?
- IJLLR Journal
- Jul 9
- 2 min read
Pooja Baghel, Marathwada Mitra Mandal's Shankarrao Chavan Law College
ABSTRACT
In countries like India, where courts regularly use it to reject the recognition and enforcement of foreign judgments and arbitral awards, the public policy exception is still one of the most controversial ideas in private international law. This paper critically analyzes the development and use of the public policy exception in Indian private international law, posing the questions of whether it successfully protects constitutional values and national sovereignty or if its arbitrary and frequently broad interpretation impedes judicial comity and international legal cooperation.
Following the development from Renusagar Power Co. v. General Electric Co. to ONGC v. Saw Pipes, and more recently in family law and child custody cases like Nithya Anand Raghavan v. State (NCT of Delhi), the paper examines the various legal areas in which Indian courts have used the exception. It also contrasts India's strategy with the more stringent, standardized standards used in countries where international public policy is used sparingly, such as the United Kingdom, the United States, and Singapore.
The study contends that although public policy is an essential safeguard for sovereign legal identity, its overuse in India has resulted in judicial overreach, unpredictability, and barriers to the acceptance of valid foreign legal rulings. The paper concludes with a proposal for doctrinal reform, calling for a codified framework of Private International Law that strikes a balance between domestic values and the demands of globalization and cross-border justice, as well as a refined, dual-level interpretation of public policy.
Keywords: Public Policy Exception, Recognition of Foreign Judgments, Private International Law – India, Judicial Discretion, International Comity, Conflict of Laws – Enforcement, Judicial Activism.
