Answer By law4u team
In India, the process of ratifying international treaties is governed by the Constitution and follows a procedure involving the executive and legislative branches of government. Here’s how international treaties are ratified in India: 1. Negotiation and Signing: - Negotiation: When India enters into international negotiations, the Ministry of External Affairs (MEA) or other relevant ministries handle discussions and negotiations on the terms of the treaty. - Signing: Once the treaty's terms are agreed upon, the treaty is signed by authorized representatives of India, such as diplomats or government officials. 2. Executive Approval: - After the treaty is signed, the executive (the President of India and the Union Cabinet) has the authority to approve the treaty. The President, acting on the advice of the Council of Ministers, decides whether India will proceed with ratifying or acceding to the treaty. 3. Legislative Approval (if required): - For treaties that affect domestic laws or require changes to Indian law, the Parliament must approve the treaty. - The treaty may be presented before Parliament in the form of a Bill for ratification, which may require amendments to Indian laws to bring them in line with the treaty's provisions. - Some treaties, particularly those involving matters like trade, human rights, or environmental regulations, need the approval of both Houses of Parliament. - For example, the Treaty on Trade or Customs Laws would require a legislative process through the introduction of a bill. 4. Constitutional Provisions: - According to Article 253 of the Indian Constitution, Parliament has the power to legislate on any matter necessary to give effect to international treaties or agreements. - Article 73 grants the Union Government the authority to conduct foreign affairs, including entering into treaties and agreements with foreign countries, while ensuring that such actions do not violate Indian law. 5. Ratification: - Once the required legislative or executive approvals are obtained, the treaty is formally ratified by India. - The ratification is the formal adoption of the treaty, which makes it legally binding on India under international law. 6. Implementation: - Some treaties may require changes in domestic law for effective implementation. In such cases, the Indian government may pass legislative measures or amend existing laws to comply with the treaty. - If the treaty concerns human rights, environmental protection, or trade agreements, the government may draft and introduce laws to bring Indian statutes in line with the treaty obligations. 7. Binding Nature: - After ratification, treaties generally become binding on India under international law. However, the treaty is only enforceable in India if it is consistent with Indian law and the Constitution. - If the treaty conflicts with Indian law or the Constitution, it may be required to be modified or amended to be implemented domestically. Summary of the Process: 1. Negotiation and Signing of the treaty by authorized representatives of India. 2. Approval by the Executive, i.e., the President and Union Cabinet. 3. Legislative Approval, if necessary (if the treaty affects domestic law). 4. Ratification of the treaty, making it binding internationally. 5. Implementation of the treaty through necessary legislative changes or executive actions. In short, India’s treaty ratification process involves both the executive (through the President and Cabinet) and the legislature (through Parliament) to ensure compliance with domestic law and the Constitution, thereby ensuring India meets its international obligations.
