PROCESS OF INCORPORATING INTERNATIONAL LAW IN INDIAN LEGAL SYSTEM

AUTHOR – MISS SAMRUDDHI HARSHAL SANT, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MISS SAMRUDDHI HARSHAL SANT, PROCESS OF INCORPORATING INTERNATIONAL LAW IN INDIAN LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 383-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bridging the Global and the Local: The Path of International Law into India’s Legal Framework. India, as a former British colony, inherited a dualist approach to international law, requiring domestic legislation for treaty enforcement. Post-independence, the Indian Constitution provided mechanisms for integrating international law, with Article 253 empowering Parliament to legislate on treaties and agreements. Over time, judicial interpretations have played a key role in aligning domestic laws with international commitments. India remains a dualist state where treaties do not automatically become law unless legislated upon. Courts have, however, increasingly relied on international conventions, particularly in human rights and environmental law, even in the absence of formal legislative enactment. Despite constitutional provisions, inconsistencies in implementation persist due to executive discretion and lack of a structured treaty incorporation process. The absence of a clear framework for treaty incorporation creates legal uncertainty, inconsistent judicial application, and gaps in international obligations. There is a need to assess whether India’s existing legal mechanisms are sufficient or if reforms are necessary to ensure seamless integration of international law into domestic jurisprudence. A structured and mandatory legislative framework for the incorporation of international treaties will enhance legal certainty, improve compliance with international obligations, and strengthen India’s global legal standing. Introduction of a Treaty Incorporation Act to establish a standardized process. Mandatory parliamentary approval for key treaties impacting fundamental rights and governance. Enhanced judicial guidance on the applicabilityof customary international law. Creation of a dedicated Treaty Implementation Authority for monitoring and compliance. To analyze the effectiveness of India’s current approach to incorporating international law. To assess the role of the judiciary in interpreting international obligations. To identify gaps and challenges in treaty implementation. To propose legal and institutional reforms for a more structured approach. To strengthen India’s commitment to global legal standards while ensuring constitutional integrity. It reflects a balance between constitutional provisions, judicial decisions, and legislative actions.

Keywords : Constitution, Customary International Law, Dualism, Fundamental Rights, Global Legal Standards, International Law, Judiciary, Legal Framework, Legislative Incorporation, Parliamentary Approval, Reform, Sovereignty Treaty, Implementation Treaty, Incorporation Act, Treaty Obligations