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India and International Law



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Constitution of India and the International Law

The framers of the Constitution of India are inspired by the character of the United Nations Organization. This is evident from the Part I to IV of the Preamble.

The Article 51 states as follows:

  • Art. 51. Promotion of International peace and security.--- The State shall endeavour to,---
    • (a) promote international peace and security;
    • (b) maintain just and honorable relations between nations;
    • (c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and
    • (d) encourage settlement of international disputes by arbitration.
  • The Article 51 is included in the Part IV of the Directive Principles of State Policy and are hence not enforceable in the Court of Law.
  • Article 372(1) of the Constitution says that the agreements, treaties etc. entered by the then British Government on behalf of British India are valid until they are repealed, amended or altered.

Nationality and India

  • The word Nationality was not mentioned in the Constitution. However, the word Citizenship was used. The Citizenship Act, 1955 provides six ways of acquiring citizenship.

See Also

  • Citizenship (Amendment) Act, 2003
  • Overseas Citizen of India

Aliens and India

  • The concept of Aliens is regulated by Foreigners Act, 1946. The Act allows India to put restrictions on the stay of foreigners in India.

Related Case

  • Hans Muller of Nuremburg vs Superintendent, Presidency Jail, Calcutta and others: Question of vesting the executive Government with the power to expel a foreigner as against extraditing him.

Extradition and India

  • Extradition in India is regulated via Indian Extradition Act, 1903. Extradition treaty, as defined by Indian Extradition Act, 1962 means, a treaty (agreement or arrangement) made by India with a foreign state relating to extradition of fugitive criminals and includes any treaty relating to the extradition of fugitive criminals made before August 15, 1947.

Related Case Laws

  • Berubari Case (1969)