Indian law and international law essay
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The primary aim of observance of international law lies with the state as they do observe international laws in our municipal laws, but if they are not been observed, the court apply these principles through the theory of implied adoption but those principles should not be inconsistent with the constitution and the law enacted by the legislature. If there occurs a conflict between international law and municipal law, the court shall always follow the municipal law. as referred in the case of Gramophone co. of India Ltd v/s birendra bahadur pandey [1] as Indian judiciary is not empowered to make legislations but it interprets India’s obligation in international law by pronouncing decisions in municipal or local cases by concerning issues of international law. So Indian judiciary has been playing a very active role in implementing India’s international obligations under international treaties.