Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

International Context

Question:

Read the passage and answer the questions that follow.

There has been an evolution of the philosophy of the role of international treaties to which India is party to with relation to the Indian Constitution. In the case of Magan Bhai Patel v Union of India, the court held that if a treaty or international agreement restricts the rights of the citizens or modifies the law of the state would require to have a legislative measure. Eg. If India is a party to an international agreement to stop the killing of species of turtle, it restricts the right of trade of certain fisherman by prohibiting killing of the turtle. If this treaty is to be enforced in India, the Indian Parliament needs to pass a domestic legislation regarding prohibition of the killing of such turtle species.

Under Article 253 of the Constitution of India the Parliament and the Union of India have the power to:

Options:

Implement treaties and interfere in the powers of state government in order to give power to the provisions of an international treaty.

Decide in accordance with International laws such disputes as are submitted to it has to apply 'international custom'.

foster respect for international law and treaty obligations in the dealings of organised people with one another

Restrict the right required by legislation to make amendments to domestic legislations.

Correct Answer:

Implement treaties and interfere in the powers of state government in order to give power to the provisions of an international treaty.

Explanation:

Article 51 of the Indian Constitution specifically states that the State shall endeavor to 'foster respect for international law and treaty obligations in the dealings of organized peoples with one another'. Under Article 253 of the Constitution of India, the Parliament and the Union of India have the power to implement treaties and can even interfere in the powers of the state government in order to give power to provisions of an international treaty.