Target Exam

CUET

Subject

Legal Studies

Chapter

International Context

Question:

In the case of _____, the court held that if a treaty or international agreement restricts the rights of the citizen or modifies the law of the state, it would require to have a legislative measure.

Options:

Vishaka vs State of Rajasthan

Magan Bhai Patel vs Union of India

Sheela Barse vs Secretary Children's Aid Society

Keshavananda Bharti vs State of Kerala

Correct Answer:

Magan Bhai Patel vs Union of India

Explanation:

The correct answer is Option (2) → Magan Bhai Patel vs Union of India

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.