In the global legal landscape, the relationship between international treaties and national law varies significantly from country to country. While some nations allow international agreements to directly impact their domestic sphere, India follows a distinctly different path. Legal scholar Nigam Nuggehalli recently shed light on this crucial aspect of Indian jurisprudence, emphasizing the procedural firewall that exists.
The Dualist Doctrine: India's Constitutional Framework
India operates on what is known as a dualist system concerning international law. This means that a clear separation exists between international law and domestic Indian law. For any treaty or international covenant to become enforceable within the country, it must be formally incorporated into Indian law through an act of Parliament. The treaty itself, no matter how many nations sign it, holds no direct legal power in Indian courts until this domestic legislative step is taken.
This stands in contrast to monist countries, where ratified international treaties can automatically become part of the national legal fabric without the need for additional internal legislation. Nuggehalli's analysis, published on 20 December 2025, underscores that India's procedure is deliberate and rooted in its constitutional sovereignty.
The Role of Parliament and Judicial Scrutiny
The power to transform an international commitment into binding Indian law rests solely with the Indian Parliament. This process acts as a democratic filter, ensuring that any international obligation aligns with the nation's existing legal principles and public interest. The judiciary, in turn, plays a key role in interpreting these domestically incorporated laws but typically cannot enforce a treaty provision that Parliament has not acted upon.
This domestic procedure serves multiple purposes:
- Preserves Parliamentary Sovereignty: It upholds the supreme law-making authority of India's elected legislature.
- Ensures Democratic Accountability: It allows for public debate and scrutiny before international norms alter domestic rights and duties.
- Maintains Legal Certainty: It creates a clear, predictable legal environment where all enforceable laws are passed through a known constitutional process.
Implications for Governance and International Commitments
This approach has significant consequences for how India engages with the world. It means that signing an international treaty is merely the first step—a statement of intent. The real work of implementation begins with drafting, debating, and passing corresponding domestic legislation. This can sometimes lead to delays or even a situation where India is a signatory to a treaty, but its provisions are not fully actionable for its citizens due to legislative inaction.
However, this framework is not a weakness but a foundational feature of India's legal identity. It ensures that the country's international engagements are carefully calibrated through its own democratic institutions. As Nigam Nuggehalli points out, this process underscores a fundamental principle: in India, the will of the people, as expressed through their representatives in Parliament, remains the ultimate source of law.
This nuanced understanding is vital for policymakers, legal professionals, and citizens alike, as it defines the bridge—and the necessary gateway—between global agreements and local justice.
