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.
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
— MEDHA ANAND · AIR 13
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
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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