The Role of Indian Courts in The Domestic Enforcement of International Law: A Critical Analysis

Subham Kumar Sahu

doi:10.36948/ijfmr.2026.v08i03.81156

The Role of Indian Courts in The Domestic Enforcement of International Law: A Critical Analysis

Author(s)	Mr. Subham Kumar Sahu
Country	India
Abstract	The relationship between international law and domestic legal systems remains one of the most contested issues in contemporary jurisprudence. While international law derives its authority from the consent of sovereign states, its effectiveness often depends upon implementation within domestic legal orders. India presents a particularly intriguing case study because its Constitution neither adopts a purely monist nor a purely dualist approach toward international law. Instead, Indian courts have gradually evolved a distinctive jurisprudence that permits the incorporation and application of international legal norms through constitutional interpretation, statutory construction, and judicial innovation. Over the last several decades, the Supreme Court of India and various High Courts have increasingly relied upon international treaties, customary international law, and international human rights principles to expand constitutional protections and strengthen governance standards. This article critically examines the role of Indian courts in the domestic enforcement of international law. It analyses the constitutional framework governing treaty implementation, explores judicial approaches to customary international law and treaty obligations, and evaluates landmark decisions that have shaped India's engagement with international legal norms. Particular attention is devoted to human rights jurisprudence, environmental governance, gender justice, and constitutional interpretation. The article argues that Indian courts have emerged as significant agents of international law implementation despite constitutional limitations that reserve treaty incorporation primarily to legislative processes. While judicial reliance on international norms has advanced rights protection and constitutional development, concerns regarding democratic legitimacy, separation of powers, and judicial overreach continue to generate important debates. The article concludes that Indian courts have developed a unique model of judicial internationalism that significantly contributes to the domestic realization of international legal obligations while simultaneously reshaping the contours of Indian constitutionalism.
Keywords	International Law, Indian Judiciary, Treaty Implementation, Constitutional Interpretation, Human Rights, Judicial Activism, Customary International Law, Supreme Court of India, Constitutional Law, International Obligations
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 3, May-June 2026
Published On	2026-06-11
DOI	https://doi.org/10.36948/ijfmr.2026.v08i03.81156

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The Role of Indian Courts in The Domestic Enforcement of International Law: A Critical Analysis

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