treaty

Article 2(1)(a) of the Vienna Convention on the Law of Treaties, 1969 defines a treaty as an international agreement concluded between States in written form and governed by international law, whatever its name (convention, protocol, covenant, charter). A treaty binds the parties in good faith (pacta sunt servanda, Article 26).

In India, treaty-making is an executive power of the Union. India follows a dualist approach: a treaty does not by itself change domestic law, and Parliament may legislate to implement it under Article 253. In Maganbhai Ishwarbhai Patel the Supreme Court held that legislation is needed where a treaty affects the rights of citizens or requires cession of territory. Courts read domestic law, where possible, consistently with India's treaty obligations.

Example

Since the treaty did not cede Indian territory, the executive could implement it without a constitutional amendment.

In Indian law

• Articles 2(1)(a) and 26, Vienna Convention on the Law of Treaties, 1969; Article 253, Constitution of India
• Maganbhai Ishwarbhai Patel v. Union of India, 1969 INSC 4: treaty implementation and when legislation is required

See also

pacta sunt servanda · reservation to treaty · dualism · travaux préparatoires

Read more in the study notes

• Facts which need not be proved, and oral evidence (sections 51 to 55) (Bharatiya Sakshya Adhiniyam)
• Presumptions, judicial notice and presumption of legitimacy (Bharatiya Sakshya Adhiniyam)
• Constitutional provisions regulating trade and competition (Competition Law)
• UK Competition Act, 1998 and the Enterprise Act, 2002 (Competition Law)
• Centre-State legislative relations (Constitutional Law II)
• The Supreme Court and the High Courts (Constitutional Law II)