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11/01/2022 - Judiciary

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January 11, 2022

The judiciary needs to demonstrate greater precision in interpreting and applying Customary International Law as part of the Indian legal regime. Explain (200 Words)

Refer - Indian Express           

Enrich the answer from other sources, if the question demands.

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IAS Parliament 10 months

KEY POINTS

·        CIL refers to international law norms derived from a custom that is a formal source of international law.

·        An important report on “India and international law” by the parliamentary committee on external affairs was recently presented to the Lok Sabha.

·        An act of Parliament is necessary to transform international law into municipal law as recognised by Article 253 of the Indian Constitution.

·        As regards customary norms, the Supreme Court in Vellore Citizens Welfare Forum v. Union of India held that CIL which is not contrary to the municipal law shall be deemed to have been incorporated in India’s domestic law.

·        For instance, the Supreme Court’s willingness to readily accept the precautionary principle as part of CIL flies in the face of international law debates where the acceptance of this principle as a customary norm remains contested.

·        The committee’s recommendation that the executive should take note of the vacuum in domestic legislation on customary norms in international law and develop adequate domestic laws is an important one.

·        On the contrary, India should enact domestic laws that are harmonious with CIL. The judiciary, on its part, should demonstrate greater analytical rigour in interpreting and applying CIL as part of the Indian legal regime.

 

 

 

Cibi Siddharth 11 months

kindly review and provide suggestions sir/mam

IAS Parliament 11 months

Good attempt. Keep Writing.

K. V. A 11 months

Kindly review

IAS Parliament 11 months

Good attempt. Keep Writing.

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