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INTERNATIONAL TREATIES AND THE INDIAN LEGAL SYSTEM: NEW WAYS AHEAD
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This article analyses the provisions of the Indian Constitution and federal laws, which give mandate to the Parliament and the Executive to enter into and give effect to international treaties. It will be underlined, in particular, that Indian practice is characterised by a certain ambiguity, which is ultimately caused by a lack of coordination between the Indian Legislature, Executive and Judiciary. The paper argues for a coherent and aligned approach amongst the various branches of government in relation to international law, and in particular treaty law. To this end, it will conclude by analysing the measures recently suggested by the Parliamentary Standing Committee Report, which would rectify the legal inconsistencies in Indian law related to the treatment of International Treaties.
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