- 16-Jun-2025
- Education Law
While the Indian government has the final authority on whether to approve an extradition request, the process is not solely determined by political or diplomatic considerations. Indian courts also play a significant role in ensuring that the extradition process is fair and consistent with Indian law, international treaties, and constitutional safeguards. Even if the government approves extradition, an Indian court has the power to intervene if the legal conditions set forth in India’s Extradition Act 1962 or under international agreements are not met, or if the person’s fundamental rights are at risk.
While the Indian government has the authority to approve or reject an extradition request based on its foreign policy considerations, Indian courts have the authority to review the case under due process. If an individual challenges their extradition in court, the judiciary will examine whether the extradition complies with legal requirements and whether the person’s rights are being violated.
Example: If the extradition request comes from a country where the individual might face torture, unfair trial, or the death penalty, the Indian court may block the extradition to protect the individual’s human rights and constitutional rights, even if the government has already approved the request.
The Extradition Act, 1962 lays out certain conditions under which an extradition request can be rejected, even if it has received government approval. These conditions include:
According to Article 21 of the Indian Constitution, an individual’s right to life and personal liberty cannot be violated except by procedure established by law. If an individual is at risk of having their fundamental rights violated upon extradition, the Indian court can block the extradition to ensure that the right to a fair trial and protection from torture is upheld.
Example: A person facing extradition to a country where the judicial system is known for unfair trials may challenge the decision in court. If the court finds that extradition could result in a violation of Article 21, the court can deny the request.
India enters into extradition treaties with other countries that outline the criteria for extradition. Judicial review ensures that India complies with its treaty obligations while also respecting the principles of justice and human rights. If the extradition request violates the terms of the treaty or the request does not meet the conditions stipulated under Indian law or international human rights law, the court has the authority to refuse extradition.
Example: If the treaty with the requesting country prohibits the extradition of individuals accused of economic crimes but the request is for such a crime, the court can refuse the request on these grounds.
India may also refuse to extradite its own nationals. While nationality is not an absolute bar, Indian law allows the government to deny extradition requests for its nationals under certain conditions. However, if an individual challenges the extradition, the Indian court can still intervene and determine whether it complies with both Indian law and international human rights standards.
Indian courts have discretionary powers in extradition matters. Even if the government approves extradition, the courts have the authority to decide whether the legal conditions are met for extradition. The courts will assess:
Let’s consider a scenario where India receives an extradition request from Country A for an individual accused of drug trafficking.
The Indian government approves the extradition, assuming that Country A meets the required conditions, such as providing sufficient evidence for the charges.
The individual challenges the extradition in an Indian court, claiming that the trial process in Country A is unfair and that they are likely to be tortured upon return. The court reviews these claims under India’s Constitution and the UN Convention Against Torture.
If the Indian court finds that the individual would likely face torture or inhumane treatment in Country A, it can deny the extradition request, even though the Indian government has already approved it.
While the Indian government has significant discretion in approving or rejecting extradition requests, Indian courts retain the power to deny extradition even if it has been approved by the government. Courts act as a safeguard to ensure that constitutional rights, human rights, and legal protections are upheld during extradition proceedings. The courts ensure that extradition complies with both Indian law and international treaties and that individuals are not subjected to unfair treatment, torture, or violation of their legal rights.
Answer By Law4u Team
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