International Journal of Advanced Research and Development

International Journal of Advanced Research and Development

ISSN: 2455-4030
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Volume 3; Issue 2; March 2018; Page No. 633-638

Relationship between international and municipal law: A case study of India

Karamdeep Saini
Assistant Professor Institute of Law Kurukshetra University, Kurukshetra, Haryana, India

Abstract
The relationship between international law and municipal law has always been a fundamental feature of the study of international
law as an academic discipline. This research paper provides a comprehensive analysis of this relationship. Further this paper
discusses the relationship between international law and municipal law with special reference to Indian practice. Indeed, the study
and the analysis of relationship between the rules of international law and rules of domestic law has a particular importance,
because the determination of solutions and dilemmas in regards to this multiple and multidimensional relationship inter alia defines
the statues of the state in the arena of the international relation, and impacts directly to its status as an equal member of
international community. In fact, the ensemble of rules which we define today as International Law cannot be understood
separated from the states domestic law. In reality, these two categories of legal rules are essentially interrelated in a hierarchical
manner. Borders and content of the states domestic law systems, today very often are defined in almost natural manner by the rules
of the International Law, which gradually have ensured a sustainable prevalence upon the rules of Domestic Law. This paper also
explain theories that were put forward to help explain the relationship between municipal and international law such as monism
and dualism. It analyses municipal law issues that are better handled with international law and explains the process of dealing
with international legal issues in municipal courts. This research paper considers the transformation of treaties into municipal law.
It also suggests that the status of international law within municipal law is dependent on the approach taken by the State. It also
analyses court decisions in some relevant cases and comments on the bases of the judgments made.

Keywords: municipal law, domestic law

Introduction becomes part of municipal law whereas in some countries they

Law of Nations or International Law is the name for the body specifically adopt international law. Legislature and court
of customary and treaty rules which are considered legally systems are different on the international and municipal levels.
binding by the States in their intercourse with each other. Where the municipal level uses a legislature to help enforce
International Law consists of the rules and principles of and test the laws, the international court system relies on a
general application dealing with the conduct of States and of series of treaties without a legislature which, in essence,
international organizations in their international relations with makes all countries equal. Enforcement is a major difference
one another and with private individuals, minority groups and between municipal and international law. The municipal
transnational companies. It may be described as ‘the sum of courts have a law enforcement arm which helps require those
the rules accepted by civilized States as determined by their it determines to follow the rules, and if they do not they are
conduct towards each other, and towards each other subjects.’ required to attend court. The international court system has no
Municipal law is the national, domestic, or internal law of a enforcement and must rely on the cooperation of other
sovereign state defined in opposition to international law. countries for enforcement.
Municipal law includes not only law at the national level, but
law at the state, provincial, territorial, regional or local levels. Meaning of International Law
While, as far as the law of the state is concerned, these may be L. OPPENHEIM defines International Law as, "Law of
distinct categories of law, international law is largely Nation or International Law is the name for the body of
uninterested in this distinction and treats them all as one. customary and conventional rules which are considered
Similarly, international law makes no distinction between the legally binding by civilized states in their relation with each
ordinary law of the state and its constitutional law. The other, within a community which by common consent of this
question of the extent to which as a matter of municipal law community shall be enforced by external power".
the organs of the state – i.e courts and other agencies
administering law- apply international law is clearly the Public International Law has been defined by J.G. Starke as
question of Municipal Law. The application of international "that body of Law which is composed for its greater part of
law in municipal court depends upon the Constitution of the the principles and rules of conduct which states feel
State. Public international law leaves each country to decide themselves bound to observe, and therefore, do commonly
on the relationship between international law and municipal observe in their relations with each other."
law. In some countries international law automatically

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It is worth observing that, while International Law has weather international law and municipal law are parts of a
traditionally concerned itself with the relations of independent universal legal order to they are form distinct system of law
sovereign states, increasingly, International Law is concerned but at present the question has acquired pas practical
also with the rules governing International organizations and significance as well. When there exists a conflict between the
the relations between states and individuals. Nevertheless, it is rules of international law and municipal law, a court is faced
clear that states remain the primary subjects of International with of the difficulty of arriving at a decision. Before an
Law and, in that respect, much of the following discussion international tribunal, the question is one of primacy, whether
will focus on the role of states in the creation, observance and international law takes primacy over municipal law, or vice
enforcement of International Law. The dictionary also states versa. If the conflict arises international law between a
this concept as “public International Law; Law of nations; municipal court, the answer depends on how far the
Law of nature and nations; jus gentium; jus gentium publicum; constitutional law of the state allows international law to be
jus inter gentes; foreign relations Law; interstate Law between applied directly by the courts. Almost every case, in a
states (the word state in the latter two phrases being equivalent municipal court, in which a rule of international law is
to “nation” or “country”. Consequently, International Law asserted to govern, the decision rises the problem. For
may be described as the Law or rules that regulate the conduct instance, diplomatic immunities granted by international law
of states and other entities which at anytime are recognized as would become meaningless unless they are recognized by
being endowed with International personality. International municipal law. Futher customary rules of extradition are
conventions, whether general or particular, International interpreted and applied by municipal courts only. It is also be
customs, general principles of International and internal Law, noted that international law gives an individual certain rights
judicial decisions of International tribunals and juristic or obligations which can be enforced directly in national court
opinion are the materials are regarded as the main sources of as was alleged in the Pinochet case Generally the manner in
International Law. Article 38(1) of the Statue of the which international law is employed in the national courts of
International Court of Justice, this is regarded as the standard any particular country is largely determined by the national
material and is the most authoritative provision stating the law of that country. In fact, international law cannot work
Sources of Law till date. without the co-operation and support of the national legal
system. The question of relationship of the two systems has
Municipal Law acquired importance in modern international law also because
The Black’s Law Dictionary, defines the term “Municipal a very large part of it is directly concerned with the activities
Law” as: B. A. Garner (Ed. in Chief), Black’s Law Dictionary of individuals who come under the jurisdiction of municipal
Eight Edition (United States: Thomson West, 2004) courts. Thus, it is in municipal courts an increasing part of
international law is enforced.
"The ordinances and other laws applicable within a city,
town or other local government entity". Traditional Approch- Theories of Realtionship among
Inernational Law and Municipal Law
Thus Municipal Law is the acts made by the legislature or the Monism
Law making authority of a state, applicable to that state alone. Monism Considers International law and Municipal law to be
Municipal Law governs the Municipal aspects of government a part of the same body of Knowledge i.e. Law. Monists
and deals with issues between individuals, and between assume that the internal and international legal system forms a
individuals and the administrative apparatus. In its narrower unity. They both operate in the same sphere of influence and
and more common sense, pertaining to a local governmental are connected with the same subject matter and thus can come
unit, commonly a city or town. In its broader sense, pertaining into conflict, but if there is conflict then international law will
to the public or governmental affairs of a state, nation, or of a prevails. Monism dictates national law that contradicts
people. Relating to a state or nation, particularly when international law is null and void, even if it is the constitution.
considered as an entity independent of other states or nations. In Kelsen’s view, the ultimate source of the validity of all law
derived from a basic rule “Grundnorm” of international law.
Relationship Between Municipal Law And International His theory led to the conclusion that all the rules of
Law international law were supreme over international law that a
While international law is applied in the relations of the states municipal law inconsistent with international law was
and to other subjects of international law, national or state law automatically null and void and that rules of international
which is called municipal law. Is applied with in a state to the law were directly applicable in the domestic sphere of states.
individuals and corporate entities which are the bearers of International Law and Municipal Law are two phases of one
rights and duties there under. Apparently, it might be looking and the same thing. The former although directly addressed to
that there is hardly any relationship between the two system as the States as corporate bodies is as well applicable to
they constitute two different legal systems each of which is individuals for States are only groups of individuals.
designed to operate in its own sphere and they applied
distinctly to their subjects by different courts, but it is no so. Dualism
The problem of relationship between the rules of international The dualist doctrine developed in the 19th century. This theory
law and municipal law is one of the most controversial considers International law and Municipal law to be separate
questions of legal theory. originally the relationship between legal orders operating and existing independently of one
the two laws was a matter of theoretical importance i.e, another. Dualists emphasize the difference between these two

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laws and require translation of international law into the Implementation of International Law in Indian Municipal
Municipal law. Without the translation, international law does Law
not exist as law; international law has to be national law as The constitution of India Under articles 51, 73, 245& 246 has
well. International law is the law applicable between given consideration to ‘international laws’ and ‘treaties’, but
sovereign states and is dependent on the common will of the clause ‘c’ of Art. 51 specially mention ‘International law’
states for its authority whereas Municipal laws apply within and ‘treaty obligation’, but art. 51 do not give any clear
the state regulating the activities of citizens and have source of guidance regarding position of international laws in India as
authority form state itself. But when both these laws will deal well as the relationship of municipal laws and international
with same subject matter there will be conflict, a municipal law but we can gather the guidance from Prof. C.H.Alexan
court following the dualist doctrine would apply municipal drowicz who says that expression ‘international law’ in Art.
law. Thus this doctrine considers international law as weak 51 connote ‘Customary International law’ and ‘treaty
law as it is a law among state made out of an agreement. obligation’ stands for ‘Treaties’. In India International law are
part of municipal laws provided that they are not inconsistent
Problems associated with the application of International with any legislative enactment or the provision of the
Law in Municipal Courts constitution. Indian court can apply International law if they
Many domestic courts lack professional capacity correctly to are not inconsistent with the rule of domestic law.
apply international law norms, as most domestic judges have .Indian constitution follows the ‘dualistic’ theory with respect
little, if any, international law experience or training. The to incorporation of international laws in to municipal law.
practical problems which the municipal judge may encounter International treaties do not become part of national law in
in the application of such norms are essentially of two kinds: India automatically. They must be incorporated into legal
the first relates to the ability of the municipal judge to gain a system by an act of parliament. The court first look at the
knowledge of the content and meaning of International Public municipal law and if the municipal law is silent on a point
law while the second relates to the scope that is open to him to then the court will refer to the Customary international for the
apply International Public Law in the face of the rules of his reference, the same thing has been done by the SC time and
own legal system which define his status and role. The again and in the case of Jolly George Varghese and Anr. VS
independence and quality of some municipal courts and The Bank OF Cochin AIR 1980 S.C 470 accepted this view.
judges in questionable; such problems of limited capabilities In Shri Krishna Sharma VS The State of the West Bengal AIR
and politicization may be exacerbated if domestic courts were 1980 S.C 470 the Calcutta HC stated that: “If the Indian
to deal more frequently with inter-national law norms, often Statutes are in conflict with any principle of International
characterized by a high degree of politically sensitive and Law, the Indian Courts will have to obey the laws enacted by
legal complexity. Also, as compared to rules of municipal law, the legislature of the country to which they owe their
the rules of International Law suffer from greater uncertainty. allegiance. In interpreting and applying municipal law, the
International law lacks an effective executive authority to Courts will try to adopt such a construction as will not bring it
enforce its rules. Due to the lack of the effective sanctions, into conflict with the rights and obligations deductible from
rules of international law are frequently violated. Its rules of internal law. If such rules or rights and obligations are
enforcement machinery is very weak. It cannot be denied that inconsistent with the positive regulation of municipal law, the
the concepts of Sovereignty and Domestic Jurisdiction are the courts override the latter. It is futile in such circumstances to
formidable obstacles in the basic recognition. A great seek to reconcile, by strained construction which really
limitation is international law cannot intervene in the matters irreconcilable.” In another case A.D.M. Jabalpur VS Shukla
which are within the domestic jurisdiction of States. For AIR 1954 CAL 591 Justice H.R. Khanna in his dissenting held
example, whenever the U.S. raised the matter of alleged likewise by stating that if there is a conflict between municipal
violation of human rights in Soviet Union (i.e., its treatment of laws International Law (customary International Law), and the
dissidents) the latter took the plea of non-interference in the Courts shall give municipal law. However in some cases SC
internal matters. One should note that the movement towards applied Customary International law also, the case of
increasing the international law-applying capabilities of Gramophone Company of India Ltd. VS Birendra Bahadur
municipal courts and the greater utilization of that capacity in Pandey AIR 1984 SC 667 clearly state the observations of the
actual practice is by no means universal. Perhaps Supreme Court which relates to the binding force of the
paradoxically, two groups of states have been largely left out customary rules of International Law. From the decision of
of the process of increased international law-application: this case it was made clear that the Indian Courts shall apply
states that strongly resist the penetration of international law customary International Law in India to the extent they are not
into their domestic laws already reflect to a large extent inconsistent with the municipal laws. it was held by jury that
international norm – thus rendering redundant the invocation if there is not a law regarding any subject matter in India then
of the latter. Any long-term strategy for integrating domestic for the same reference can be taken from Customary
courts within the international judiciary by bolstering their International law. As to treaties it has been stated by Basu in
role in implementing international law must therefore account his commentary on Constitution of India that treaties are not
for uneven geographical and political prevalence of the implemented by legislation are not binding on municipal
international law application. courts. The same thing is stated in Article 253 of constitution

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that empowers parliament to make any laws for implementing under chapter III of the Constitution of India. P.N. Krishanlal
any treaty, agreement or convention with any country or v Govt. of Kerala 1995 SCC 187 Law Commission of India,
countries. The Division Bench of the Rajasthan High “A continuum on the General Clauses Act, 1897 with special
Court in Birma VS State AIR 1951 RAJ 127 stated that treaties reference to the admissibility and codification of external aids
which are part of the international law do not form part of the to interpretation of statutes,”
law of the land unless expressly made so by the legislative
authority. In the present case the treaty remained a treaty only B. International Treaty for Construction of Law
and no action was taken to incorporate it in to a law. That Wherever necessary, Indian courts can look into International
treaty cannot therefore be regarded as part of the Municipal Conventions as an external aid for construction of a national
Law. In Shin Kumar Sharma & others VS Union of India AIR legislation.16 P.N. Krishanlal v Govt. of Kerala, (1995) Sup.
1958 DELHI 64 the court stated that “In India, treaties do not (2) SCC 187; Law Commission of India, “A continuum on the
have the force of law and consequently obligations arising General Clauses Act, 1897 with special reference to the
there from will not be enforceable in municipal courts unless admissibility and codification of external aids to interpretation
backed by legislation”. of statutes,” 183rd Report, November, 2002, p. 20.
In India the Courts follow the Dualistic approach, the above The Supreme Court in Visakha v. State of Rajasthan, AIR
views are constant with the dualistic theory according to 1997 SC 3011 took recourse to International Convention for
which treaty becomes a part of the law of the land only after it the purpose of construction of domestic law. The Court
is enacted by the legislature and implemented. The observed:
international conventions and norms are to be read into them In the absence of domestic law occupying the field to
in the absence of enacted domestic law occupying the field formulate effective measures to check the evil of sexual
when there is no inconsistency between them. harassment of working women at all work places, the contents
In fact, the increasing scope of international law has of International Conventions and norms are significant for the
prompted most states to accept something of an intermediate purpose of interpretation of the guarantee of gender equality,
position, where the rules of international law are seen as part right to work with human dignity in Articles 14, 15, 19(1)(g)
of a distinct system, but capable of being applied internally and 21 of the Constitution and the safeguards against sexual
depending on circumstances, while domestic courts are harassment implicit therein. Any international convention not
increasingly being obliged to interpret rules of international inconsistent with the fundamental rights and in harmony with
law. its spirit must be read into those provisions to enlarge the
meaning and content thereof, to promote the object of the
Indian Judiciary and International Law Constitutional guarantee.
A. Structure of Judicial System
In India, though the polity is dual, the judiciary is integrated. C. General Principles
Therefore, India has an integrated judicial system. At the top 1. Construing Existing laws to implement treaty
of the system is the Supreme Court of India which exercises Obligations
jurisdiction in different forms, namely – writ jurisdiction, Obligations arising under international agreements or treaties
appellate, original, advisory and that conferred under several are not, by their own force, binding in Indian domestic law.
statutes. At the next level are the High Courts in the various Appropriate legislative or executive action has to be taken for
states. While most states have their own High Courts, some bringing them into force. Although not self-executing under
states have common High Courts. The High Court’s also Indian law, implementation of a treaty does not require fresh
exercise writ jurisdiction, regular appellate jurisdiction as well legislative or executive action if existing administrative
as the power of supervision over all the Courts and Tribunals regulations or statutory or constitutional provisions permit the
located in their respective States. The third tier is that of the implementation of the treaty in question. The Indian courts
subordinate judiciary at the district-level, which in turn may construe, in this context, statutory or constitutional
consists of many levels of judges (both on the civil and provisions that pre-exist a treaty obligation in order to render
criminal sides) whose jurisdiction is based on territorial and them consistent with such a treaty obligation.
pecuniary limits. In addition to the subordinate judiciary there
are specialized courts and tribunals at the district and state 2. Fostering Respect for International Law
levels to hear and decide matters relating to direct and indirect The Directive Principles of State Policy as enshrined in
taxes, labour disputes, Article 51 of the Indian Constitution enjoin upon the State to
service disputes in state agencies, family disputes, motor Endeavour, inter alia, to foster respect for international law
accident claims as well as consumer complaints to name a and treaty obligations in the dealings of organized people with
few. The Supreme Court and the High Court’s as the courts of one another.
records are the custodian of the constitution has an awesome It is a fundamental principle of statutory interpretation in
responsibility. Articles 129 and 215 recognize the existence of Indian domestic law that, wherever possible, a statutory
such power in the Supreme Court and the High Courts as they provision must be interpreted consistently with India‟s
exercise inter alia the sovereign judicial power. The Supreme international obligations, whether under customary
Court and the High Courts also have writ jurisdictions under international law or an international treaty or convention. If
Article 32 and 226 of the Indian Constitution, respectively. the terms of the legislation are not clear and are reasonably
Thus, they are empowered to provide remedy in the form of capable of more than one meaning, the treaty itself becomes
writs in case of violation of fundamental rights guaranteed relevant, for there is a prima facie presumption that

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Parliament does not intend to act in breach of international and shall be followed by the Courts of Law.”
law, including therein a specific treaty obligation; and if one A survey of Indian jurisprudence, thus, indicates the active
of the meanings which can reasonably be ascribed to the role being played by the higher judiciary in the
legislation is consonant with the treaty obligations and another implementation of India’s international obligations.
or others are not, the meaning which is consonant is to be
preferred. Recommendation
An introduction of a positive complementary rule in new
D. Judicial Activism treaty regime introduced in diverse fields such as human
Judiciary has further broadened the ambit of its role. Higher rights, international criminal law (i.e., beyond the core crimes
Judiciary has fashioned a broad strategies that have currently covered by the ICC Statute), international
transformed it from a positivist dispute-resolution body into a investment law, and international environmental law may be
catalyst for socio-economic change and protector of human the upshot of this. Under such a proposed structure,
rights and environment. This strategy is related to the international courts and other suitable international institutions
evolution of Public Interest Litigation (PIL). would be expected to exercise a predominantly monitoring
role. Hopefully, a stronger set of incentives would increase the
E. Jurisprudence number of domestic courts able and willing properly to apply
Relying upon the Article 51, Sikri, C.J. in Kesavananda international law.
Bharathi vs. State of Kerala, 1973 SCR 1 observed as under: Secondly, states and international institutions could allocate
“It seems to me that, in view of Article 51 of the directive more resources to develop the capacity of domestic courts to
principles, this Court must interpret language of the adjudicate cases involving international law norms. This may
Constitution, if not intractable, which is after all an intractable involve the wide dissemination of international norms and
law, in the light of the United Nations Charter and the solemn focused judicial training, but also supporting domestic legal
declaration subscribed to by India.” reforms, aimed at strengthening the local judiciary and at
The Supreme Court in took recourse to International internalizing international norms with in the domestic legal
Convention for the purpose of construction of domestic law. system. In some cases, the creation of new internationalized
The Court observed: judicial structures, example special criminal courts, or the
“In the absence of domestic law occupying the field to establishment of other forms of judicial cooperative networks
formulate effective measures to check the evil of sexual such as EC preliminary ruling procedure or other forms of
harassment of working women at all work places, the contents inter-judicial dialogue, such as judicial exchange programmers
of International Conventions and norms are significant for the can be considered. An investment of resources into domestic
purpose of interpretation of the guarantee of gender equality, legal systems could also improve the quantity and quality of
right to work with human dignity in Articles 14, 15, 19(1)(g) international law application by municipal courts.
and 21 of the Constitution and the safeguards against sexual Thirdly, a more rational set of principals governing the
harassment implicit therein. Any international convention not division of labor between domestic and international courts
inconsistent with the fundamental rights and in harmony with ought to be developed, especially in fields where international
its spirit must be read into those provisions to enlarge the courts are inundated with cases. Such principles should, as a
meaning and content thereof, to promote the object of the rule, allocate to international courts the more important,
Constitutional guarantee. difficult or sensitive international cases, as well as conferring
the Court first attempted to deal with the emerging linkages upon them monitoring functions over municipal courts.
between domestic law and human rights by reconciling Article International law cases exhibiting more mundane features,
11 of the International Covenant on Civil and Political Rights raising less politically sensitive and legal complex issues,
(ICCPR) with Contractual provisions under municipal law to would be handled, whenever possible, by municipal courts.
protect human rights of a the civil debtor whose personal Fourthly, new international standards could be developed that
liberty was at stake due to judicial process under Section 51 would try to regulate the application of international law in
(Proviso) and Order 21, Rule 37, Civil Procedure Code. domestic courts. Hence, for example, the development of
In Additional District Magistrate, Jabalpur v. Shivakant international standards on the exercise of universal
Shukla AIR 1976 SC 1207 the Supreme Court amplified the jurisdiction, designed to minimize and monitoring alleged
scope of Article 21 (right to life) of the Indian constitution by abuses of the doctrine by domestic authorities, could be useful
referring to Articles 862 and 963 of the Universal Declaration step towards encouraging greater application of the doctrine in
of Human Rights (UDHR). a ales objectionable manner than has been the case up until
The Court in Vellore Citizens Welfare Forum v. Union of now. Clearer rules on the proper standards for conducting
India and Others AIR 1996 SC 2715 Referring to the„ investing of allegations of violation of prospects of serious
precautionary principle‟ and the „polluter pays principle‟ as law application exercises by domestic courts, especially if
part of the environmental law of the country, held as follows: complemented by some international review mechanism.
“Even otherwise, once these principles are accepted as part of Finally, serious conceptual work needs to be undertaken with
the Customary International Law there would be no difficulty the aim of redefining international law sources in a way that
in accepting them as part of the domestic law. It is almost captures the various domestic legal forms in which
accepted proposition of law that the rules of Customary international law standards are actually being implemented. A
International Law which are not contrary to the municipal law more pluralistic approach towards international law consider
shall be deemed to have been incorporated in the domestic law domestic laws not couched in the form and language on

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international law, but reflective nonetheless of international International Law, Routledge Publishers, New York,
standards in their substantive contents, as possible tools for 2002, 63
international law application and as potential sources for 11. Mohamed Bedjaoui. International Law: Achievements
international law interpretation. It would go a considerable and Prospects, Martinus Nijhoff Publishers, The
way towards integrating domestic courts applying such norms Netherlands, 2012, p108.
in a multilevel international judiciary. As a result, the 12. Alexandrowicz CH. International Law in India, ICLQ,
decisions of such courts, even if based on domestic laws, may 1952, 252
attract deference by other judicial bodies in other states, and at 13. Basu DD. Commentary on the constitution of India”
international level and could affect the future development of LexisNexis Butterworths Wadhwa, Nagpur 1956, 404
international law. 14. Provisions in regard to the judiciary in India are contained
in Part V („The Union‟) under Chapter IV titled „The
Conclusion Union Judiciary‟ and Part VI („The States‟) under
Indian constitution embodies the basic framework for the Chapter VI titled „Subordinate Courts‟ respectively. See
implementation of international treaty obligations undertaken D.D. Basu, Introduction to the Constitution of India, 20th
by India under its domestic legal system. According to this, Edn (Nagpur: Wadhwa Sales Corporation), 2008.
the Government of India has exclusive power to conclude and 15. Agarwal, Sunil Kumar, Navin Srivastava. Legal Aspects
implement international treaties or agreements. The President of International Business Transactions: From Lex
of India is vested with the executive power of the Government Mercatoria To Multilateral Commercial Treaties,” South
of India and thus is empowered to enter into and ratify Asian Business Review 2010; II(1).
international treaties. This does not mean that international
law, ipso facto, is enforceable upon ratification. This is
because Indian constitution follows the “dualistic‟ theory with
respect to incorporation of international law into municipal
law. International treaties do not automatically become part of
national law in India. They must be incorporated into the legal
system by an act of Parliament, which has the legislative
powers to enact laws to implement India’s obligations under
the international treaty Thus, in absence of specific domestic
legislation enacted by the Parliament, the India’s international
obligations are not enforced in Indian Courts. However, a
perusal of the jurisprudence shows that a pro-active role is
being played by Indian judiciary in implementing India’s
international obligations under International treaties,
especially in the field of human rights and environmental law.
Thus, Indian judiciary through judicial activism‟ fills up of
the gaps in the municipal law of India and International law,
thereby playing an important role in the implementation of
international law in India.

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