This article has been written by Ms. Khushi Patel, 3rd year BBA LLB student from Auro University
Introduction:
Ratification of treaties refers to Treaties that have been amended or corrected to address an error or inconsistency in the original text. Through the process of ratification, Treaties are brought into accordance with the intended meaning of the parties involved. Ratification treaties is a legally enforceable agreement between parties, which include, International Organisation, States, or any other entities. The necessity for ratification of treaties can occur due to various reasoning, such as misrepresentation of a term of treaties or an error in translation, or an error in the drafting process. In certain scenarios, parties may agree to ratify the treaties to ensure their accuracy and intention behind the original text. the ratification of trees can be done in various ways, such as by issuing Supplement or protocol to the original treaty, or by bringing amendments to the original text. Ratification of a Treaty is essential because it ensures that the term of a Treaty a curly reflects the intention of the party involved, thereby reducing the risk of misunderstanding or misrepresentation and dispute. ratification also helps to maintain the credibility and integrity of the legal system by ensuring the treaties are implemented in a fair and equitable manner.
Once a Treaty is ratified by participating parties it became part of international law and is binding to all the parties who have given their concern to that agreement, in another way it can be interpreted, that party must pull fill that obligation and duty under the Treaty and ensure the Treaty is implemented in the manner of, fair, equitable, and in a good conscious. The principle of “Pacta sunt servanda”, Argument must be kept is a fundamental principle of international law and underpins the validity of ratified treatise. This means that parties to treaties a legally bound to comply with the terms and condition of the Treaty, and failure to comply with duties lead to the legal consequences. The parties to a ratified treaty may be required to take specific actions or refrain from certain activities, depending on the terms of the agreement. The treaty may also specify mechanisms for resolving disputes or enforcing compliance.
Rule of Retified the Treaties:
As per the Indian scenario, an International Convention or treatises provides the benchmark for the Indian judicial system such as in the case of Visakha v. the state of Rajasthan, where the Supreme Court of India short help of the international convention for the purpose of construction of a domestic Law in India. Indian constitution article 246 read with entries 14, 15, and 16 of a union list it is the Parliament which has exclusive power to make a law conserving trees and argument with the foreign country, also under article 253 Indian Parliament has a sovereign power to legislate on a subject Listed in Union list state list Covered under 7th schedule of constitution for implementing any treaties, argument or a convention with any other country or countries for any decision made at any international conference Association or other body. This has been interpreted by Supreme Court in the Maganbhai Ishwarbhai Patel v. Union Of India, Where the Supreme Court clarified that the Indian Parliament has inheritance power to decide whether an international Treaty convention or agreement is good for the country or not. This inheritance power is Conferred upon parliament which it may not otherwise possess, but it does not extend the power confirm by article 73. Therefore any International treaty which is binding to the country has to be approved by the Indian Parliament. The general rule of ratified Treaties in India is an essential aspect of a country’s constitutional framework. it defines the principle and provides a guideline under which Treaty can be ratified and implemented by the Indian government upon the Indian Citizen. A Treaty is an agreement between two or more countries on various issues such as trade, defense, and cultural exchange. when Treaty is ratified by the Indian government it becomes a part of countries legal framework and is enforceable by the court of law The Constitution of India provides the basic framework for the ratification of treaties by the Indian government. According to Article 253 of the Constitution, the Indian parliament has the power to make laws implementing any treaty, agreement, or convention with any other country or countries. The provision further clarifies that such laws can be made even if they are in conflict with the fundamental rights guaranteed under the Constitution. The general rule of ratification of treaties in India involves certain steps that must be followed by the government before the treaty becomes enforceable in the country. those step is followed under:
- First step: in this process is the negotiation of the treaty. The Indian government usually negotiates treaties through its Ministry of External Affairs or other relevant ministries. Once the treaty is negotiated and agreed upon, it is signed by the representatives of both countries.
- The second step: is the ratification of the treaty by the Indian government. Ratification is the formal process by which the Indian government gives its consent to the treaty. This is usually done through an executive order issued by the President of India, acting on the advice of the Union Cabinet. The publication of ratifying Treaty must be published in the official gazette of the country.
Once the treaty is ratified, it becomes a part of the Indian legal system and is enforceable in courts of law. However, the Indian government must also make some necessary changes to its domestic laws as well as into state laws to implement the provisions of the treaty. This is usually done through the enactment of a new law or amendment to an existing domestic or State Law. The Indian parliament, the legislative body is responsible for making such laws. The general rule of ratified treaties in India also requires that treaties be implemented in the manner of, fair, equitable, and in good conscious. This means that the Indian government must abide by the provisions of the treaty and act in accordance with its obligations. If there is a dispute between the parties to the treaty, it can be resolved through negotiations or by Possible course of action in reference to international dispute resolution mechanisms. The Indian government can also terminate or withdraw from a treaty if it is no longer in the country’s interests to remain a party to the treaty. This can be done by giving notice to the other party or parties to the treaty. However, such termination or withdrawal must be done in accordance with the provisions of the treaty.
Conclusion:
In conclusion, the rule of ratified Treaty is that they must be respected and complied with by parties who have agreed to them. parties must pull fill their obligation responsibility and duty under the Treaty and ensure the Treaty is implied in fair equitable and good conscious.
the general rule of ratified treaties in India is an essential aspect of the country’s constitutional framework. It defines the principles and guidelines under which treaties can be ratified and implemented by the Indian government. The process involves negotiation, ratification, and implementation of the treaty, as well as making necessary changes to domestic laws. The Indian government is also required to implement treaties in good faith and can terminate or withdraw from a treaty if necessary. The rule ensures that India maintains its international obligations while protecting its interests.
Reference:
https://indiankanoon.org/doc/1031794/
https://indiankanoon.org/doc/1310955/
https://blog.ipleaders.in/treaty-making-power-constitution-india/#Position_in_India
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