India and Treaties

It has been held by Indian Courts that treaties shall not be binding upon Indian Courts unless they are implemented by legislation. The above view is based on Article 253 of the Constitution which says that the Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or Covenant with any country or countries or any decision made at any international conference, association or other body. However, after 1978 the Courts on many occasions have held that the international conventions and norms are to be read into (the fundamental rights guaranteed in the Constitution of India) in the absence of enacted domestic law occupying the field when there is no inconsistency between them. It is now an accepted rule of judicial construction that regard must be had to international conventions and norms for construing domestic law when there is no inconsistency between them and there is a void in the domestic law. See Vishaka vs. State of Rajasthan reported in All India Reporter 1977 Supreme Court 3011 and in (1977) 6 Supreme Court Cases 241.