Skip to Main Content

Indian Law

A guide for researching Indian Law including Legislation, Case Law, Treaties and Law Reform..


Finding Indian Treaties

Subscription Treaty Databases

 

Open Access Treaty Databases 


Citing Treaty Series - AGLC4 Style

If a treaty is included in a treaty series, the treaty series should be cited rather than, for example, the UN document number. Treaties are often included in several treaty series. According to Chapter 8.4 (pp 137-138) of the Australian Guide to Legal Citation, treaties should be cited in the following preferential order:


Incorporation of Treaties into Indian domestic law

India, like Australia, follows the dualist theory on the implementation of international law at domestic level (as stated in the Supreme Court in Jolly George v Bank of Cochin 1980 SCR (2) 913). International treaties do not automatically become part of national law in India. Parliament must pass legislation to implement treaties into domestic law. The Indian Constitution is silent on the status of international law in its domestic legal system, and it does not specifically obligate or authorise the judiciary to draw on international law in its decision making.

However, the Indian courts have interpreted domestic legislation as including India's obligations under international law. The Indian judiciary has thus played a proactive role in implementing India's international obligations under international treaties, especially in the field of human rights and environmental law. 

For more detail, see, for example: 


Library Twitter

Library Instagram

Library Blogs

Library Contacts