The recent Supreme Court judgments on human rights issues mark a remarkable shift in using International law and treaties in judicial decisions. Examine with reference to relevant case laws.
Main Body
Supreme Court in a bid to deliver complete justice (Art 142) has started using international law as basis of justice delivery International law as treaty Here, if India has not signed a treaty, so would absorb executive of all responsibilities. Ex. If migration treaty not signed, no need to let illegal remains in one nation. Recent shift to humanitarian cases (1) Economic right - In Vodafone case, court upheld that FDIs respectively taxes can't be applied
Conclusion
Thus, SC has asked a global world new to ensure that citizens get complete justice based on constitutional principles.
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MEDHA ANAND
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Fundamental Rights
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Paragraphs
analytical
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