International Law and Its Impact on Indian Cases: Key Insights for CLAT 2026

If you are aiming to prepare for CLAT 2026 effectively, gain thorough knowledge of the influence of international conventions on domestic laws and landmark judgments by SC. Understand Article 51 of the Constitution and Section 253 to know the requirements of legislation for the enforcement of international law. Read the article below to gain deeper insights into how international law exerts influence on Indian law concerning fundamental rights, human dignity, and advanced legal reasoning.
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How Does International Law Shape Indian Cases?

Although Article 51 of the Indian Constitution uplifts the idea of paying respect and reverence towards international law and the obligation to international treaties and agreements, they cannot automatically be applied or assimilated into Indian law. Only if a treaty receives legislation by Parliament, it will become enforceable in India, although it can be used by courts for instructive or analytical guidance.
Integration of international laws will only be done through judicial interpretation, particularly under Article 51 of the Constitution. This happens only when there is no inconsistency between the international treaty and Indian law, and hence the country’s legislation will be interpreted by courts in compliance with international legal agreements and obligations. Through this, progressive jurisprudence will be established. However, if any conflict emerges with the domestic law, the Indian law will prevail.

In Indian law, disparities are caused by certain national legislations that are obscure, vague, and questionable, which are bridged by the guidance provided by International law. International treaties and conventions are also taken into account while determining constitutional laws on the protection of human dignity and interpretation of fundamental rights and progressive rights (in areas where no Indian law has been established concerning the subject).

In a nutshell, the Indian Constitution can be interpreted, loopholes in domestic legislation will be filled, and jurisdiction will be developed by international treaties.

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Influence of International Law on Landmark SC Cases with Respect to CLAT Preparation

Human rights, custodial rights, environmental protection, gender equality, criminal law, privacy, and equality are the areas where international treaties are incorporated. Mentioned below are the Supreme Court of India cases where there was direct application or influence of international law for the interpretation of constitutional rights.

• The reference of Universal Declaration of Human Rights (UDHR), 1948 , based on Human Rights and Fundamental Rights, can be found in D.K. Basu v. State of W.B. for formulating supervisory instructions, and in Chairman Railway Board v. Chandrima Das meant for preserving human rights of foreign nationals (conversation of life & liberty under Article 21).
• The guidelines set down in the Vishaka v. State of Rajasthan case, with reference to sexual harassment at the workplace, where there has been a lack of domestic laws, are influenced by the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979 .
• The influence of the International Covenant on Civil and Political Rights (ICCPR), 1966 , concerning Human Dignity and Compensation is evident in the Neelabati Behera v. State of Orissa case, based on paying compensation for death in custody.
• During the formulation of Indian anti-corruption laws and regulations, legal interpretation, jurisprudence of the courts, and judicial decision-making, the United Nations Convention Against Corruption (anti-corruption law) is taken into consideration.
• Adoption of international Environmental jurisprudence encompassing the Principles of Sustainable Development drawn from the Rio Declaration/ Stockholm Conference can be found in cases like Vellore Citizens Welfare Forum v. Union of India (1996). These cases introduced the principles of ‘precautionary’ and ‘polluter pays’ in Indian law.
• International laws like Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) have also been applied to the D.K. Basu v. State of West Bengal (1996) case about guidelines or protocols relating to custody and safeguarding against torture and cruelty and providing dignified treatment.
• Right to privacy was established as an international human rights norm by incorporating the principles of ICCPR to the People's Union for Civil Liberties v. Union of India case of 2005.
• The UN Convention on the Rights of Persons with Disabilities (UNCRPD) has influenced the Jeeja Ghosh v. Union of India case of 2016 based on the protection of rights and reimbursement of disabled passengers.
• The Olga Tellis v. The Bombay Municipal Corporation case of 1985 has drawn inspiration from UDHR to reinforce the principle of Right to Livelihood as an integral part of Right to Life under Article 21 of the Indian Constitution.
• Principles of Customary International Law has been applied to the State of West Bengal v. Kesoram Industries Ltd. case of 2004 that was based on resolving water disputes and conserving riparian rights.

Apart from these, cases relating to right to privacy and decriminalization of same-sex relations also drew references from foreign judgments by the USA, UK, and Canada. Indian criminal and human rights law is greatly governed by UN Protocols such as Protocol to Prevent, Suppress and Punish Trafficking in Persons, particularly Women and Children. Some parts of customary international law also have an impact on refugee and immigration matters.

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