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.

As stated in the case of Magan Bhai Patel V Union of India, if a treaty or international agreement restricts the rights of citizens or modifies the laws of the state, the state would require:

Options:

Signatures of the representative nations only

To pass a domestic legislation

merely declare the provision of the document

Only exchange the instruments and such exchange will be in effect

Correct Answer:

To pass a domestic legislation

Explanation:

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 laws of the state would require to have a legislative measure. E.g. If India is a party to an international agreement to stop the killing of a species of turtle, it restricts the right to trade of certain fishermen 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.