India and international law: formal dualism, functional monism

  title={India and international law: formal dualism, functional monism},
  author={Aparna Chandra},
  journal={Indian Journal of International Law},
  • Aparna Chandra
  • Published 22 November 2017
  • Political Science
  • Indian Journal of International Law
India has traditionally been described as a dualist country in relation to its engagement with international law. Formally at least, the allocation of the power of assumption of international obligations rests with the Executive, while its domestic implementation requires Parliamentary sanction. In this paper, I argue that while India remains formally committed to dualism, in practice it exhibits many monist tendencies. Once international law obligations are assumed, they are transported into… 
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    2 SCC 746; C. Masilamani Mudaliar v The Idol of Sri Swaminathaswami Swaminathaswami Thirukoli
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    8 SCC 278
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    Supp (2) SCC 187. See also John Vallamattom v Union of India
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