MA

MEDHA ANANDAIR 13· 2023

Question 1GS2GS2

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.

Open scan (p.1)

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

2Fugitive economic offences - In case of Vijaya Mallya, SC took international law as benchmark to being fugitive back. (3) Use of global commons - dictated in international treaties like UNCLOS, MARCOS (4) In case of migrants, principle of allowing them habitable place was vouched for by SC. (5) Not to take negative influence - like recent declaration of declares abstain illegal
139 words1 paragraphs

Conclusion

Thus, SC has asked a global world new to ensure that citizens get complete justice based on constitutional principles.

19 words

Topper

MEDHA ANAND

AIR 132023

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Fundamental Rights

Writing Stats

158

Total words

1

Paragraphs

analytical

Tone