ABSTRACT

This article here explores the introduction of international law into the Indian legal
systems and the effects of international laws in Indian domestic legal systems.

Indian constitution has adopted many features from the foreign constitution and legal
systems. It has widely impacted the entire law making system of our country. This article
discusses the adopted features and its impact on the Indian law system as well as
examines India’s role in the field of International law.

Indian courts are optimistic about the implementation of international law in domestic
courts. Their approach towards this is continuously growing. Through this article, the
process of implementation of these foreign laws in Indian legal system is also brushed
through.

This article focuses on the foreign law that has influenced the Indian law system and
framework of the constitution. It details the provisions adopted into our constitution and
its significance in our nation.

India has benefited from these adoptions and the benefits are detailed in this article. It
gives an insight into the Indian legal organization that functions smoothly due to its
strengthened constitution and unified citizens. This paper highlights the contribution of
foreign constitution and addresses the question of what advantages did it serve the Indian
nation.

Standing as a united, diverse and democratic nation. India had many challenges to be
faced to ensure an equal and sort after society among the other nations. The contribution
of law marks the major step in meeting these challenges. Therefore, the involvement of
international law in this has to be highlighted.

This article researches on the introduction of foreign laws to Indian constitution and
highlights the impactful contribution it has given to our Indian legal system.
 INTRODUCTION
Foreign laws and its provisions has always been a source of reference and material
influence to the Indian law system. The rules, procedures and the judgments are seen
highlighted in many Indian cases and legal decisions.

The Indian legal system is a complicated structural framework tailored by our great
leaders to make India a democratic and legally strong nation. It’s drawn from common
law, religious law and civil law various legislations introduced by British that are still in
effect in modified forms. It comprises rules, procedures and several legal institutions that
the society uses to interpret about the nation.

This system of law in our country is woven by taking various adoption from the foreign
laws, to enhance and bring forth the idealism of Indian legal system and this borrowing of
legal provisions from foreign legislatures has proved to serve the nation’s best legal
actions.

Moving forward in this article, one can understand the need and benefits of introducing
the foreign laws to our Indian legal system that helped shape Indian constitution and
bagged the title of the world’s lengthiest constitution.
 THE FOREIGN LAW
Indian constitution, being the lengthiest of all other constitution of the world, has
borrowed a lot of features from constitution of more than 60 countries. We have adopted
various provisions from these constitutions resulting in a better framework as well as the
lengthiest constitution.

Introduction of foreign laws in our Indian law has brought significant impact on its legal
framework and clauses. It has strengthened the system and rules brought in the country.

From each constitution, India has adopted provisions that are essentially important and
practically apt for our country India and its people. It wasn’t a mere copying, but was a
reference to make our constitution more precise. Indian constitution borrowed from
constitutions of Australia, Canada, South Africa, USA, USSR, Japan, France, Britain,
UK, Ireland, Germany etc.

The main elements acquired from the foreign law are sovereignty, recognition, consent,
freedom and self-defense.

Taking influence from the laws and clauses of different countries helped us understand
their ruling strategies as well as helped India in upbringing a standardized and tightly
bonded legal system.

The philosophical side of the constitution is largely from the American and Irish
constitutions whereas the political side has been drawn from the British constitution like
the relation between executive and legislature.

INDIAN ADOPTION OF FOREIGN LAWS

Constitution of India has picked the best features from different constitutions of the
world. To be more precise, let’s go through the detail analysis of how and what all are
influenced from different constitutions. 1
1 FINDIAN, https://hirealawyer.findlaw.com
Despite the cultural and regional differences Indians are united and strengthened by the
simple citizenship policy followed by the British constitution being implemented in India.
India have only a central level citizenship and not state level or district level. This
citizenship provisions are mentioned in Article 5 to 11 of our Indian constitution.

Likewise, the prerogative writs are also taken from the English law. The parliamentary
government form, rule of law, legislative procedures, the cabinet system, parliamentary
privileges and Bicameralism are the features borrowed from the British constitution.

In India we follow a parliamentary form of government. The parliament is the supreme

body of India and it comprises of The President and 2 houses – Rajyasabha and
Loksabha. The majority support of the members decides the decisions and functioning of
the government. Similarly the cabinet system, which is a constitutional body consisting of
experienced ministers. They give advice to the Prime minister in certain matters. India, as
discussed before have 2 houses, and therefore follow the bicameral system,.

Another notable adoption is from the Irish constitution. Election of the President of India,
the major elements of democratic India has been borrowed from the Irish constitution.
Here the president is considered the first citizen of the nation. Article 52-62 provides
details of power given to the President and individuals. The Directive principles of state
policy and the nomination of members of Rajyasabha done by the President are two other
features adopted from the Irish constitution to the Indian constitution.

Indian constitution also espoused features from the American constitution. The American
inspired characteristics in our Indian legal system are the impeachment of the President
can be removed by either houses of the parliament for violation of the constitution, then
second is the functions of President and the Vice – President that are listed in the
constitution, removal of supreme court and high court judges, The Fundamental Rights
listed in the constitution that stand as the backbone of the country, the judicial review,
Independency of judiciary and finally the heart of the constitution – The Preamble of the
constitution. These are the borrowed traits from American constitution. The preamble
enshrines the goals the constitution directs to achieve through the constitutional process.

Elements of International law, https://www.britannica.com

https://www.clearias.com>IndianPolityNote
The contribution of American constitution has therefore played essentially well in the
framework of our constitution.

The Australian constitution contributed the concept of concurrent list, Article 108 stating
joint sitting of both the houses and the freedom to trade and commerce. The concurrent
2
list includes the power of both union and state government. It has a list of 52 items in the
7th schedule of the constitution of India. The list includes Education, Forest, Marriage,
Trade union, Adoption etc.

The USSR (now Russia) helped adopt features like the fundamental duties of a citizen
must incorporate and the ideals of justice followed by the public.

The French constitution gave the concept of “Republic” and the ideals of liberty,
equality and fraternity.

Indian constitutions amendment was influenced by the South African constitution and the
concept of “procedure established by law” was borrowed from the Japan constitution.

All these important and basic structural framework of the Indian constitution was
influenced and fostered from these foreign constitutional laws. The Indian legal system’s
entirely runs on the procedures and rules laid down in the constitution which combines all
the important provisions adopted from foreign laws.

SIGNIFICANCE OF FOREIGN LAW IN THE INDIAN JUDICIARY

It was discussed earlier that the Indian legislature is under the strong influence of British
and American law. Its also noted that the judges often rely on foreign court verdicts and
arguments for Indian cases especially cases related to protection of human rights, gender
justice, child custody, family disputes, cross border business etc. These verdicts only act
as a pervasive tool though.

The introduction of the foreign law in our Indian legal system has helped the law system
in upbringing an integrated and sovereign society and served as a prominent tool in
shaping the lengthiest and critically acclaimed constitution.

2 Constitution of India, https://www.jagranjosh.com.

Source of Indian Constitution, https://lostbook.com
Concurrent list , https://en.wikipedia.org
India is a democratic country and as we have seen, the democracy of India itself was
formed from the adoption of Irish law of election procedures for the President being
referred as the 1st citizen of the country. Similarly the existence of two houses of
parliament in the country plays the most significant role in the representing the devised
sections of the society. The indifference and particular needs of these sections are
represented separately at the parliament through both the houses.

Indian citizens have got props and lawful rights and duties towards the country and its
people. These fundamental duties make an Indian citizen to be true and dedicated to the
nation. The USSR constitution influenced the Indian constitution to implant the features
of fundamental duties and this proved to be one of the most essential adoption Indian law
systems has adopted. Irish constitution laid down the fundamental rights, without which
India could not have stood upright. Every Indian breathes freedom because of the lawful
rights the constitution grants them.

Serving as a diverse country with immense cultural, religious and heritage resources,
Indian stands united because of the equality between its citizens who belong to different
sections of society. The power of equality is the only basic foundation in which the nation
stands strong. Equality, liberty and fraternity accord the entire nation the feeling of
oneness and these features are shaped from the French constitution.

With this its clearly understood how impactful the foreign law on Indian legal system is.
It has aided the law system of our country to provide the best legal provision to its people
and judicial structure of India.

Although Indian judiciary cannot make laws, it played a very active role in
implementation of India’s international obligation especially in areas of international law
and human rights. Role of international treaties in domestic law cannot be eroded away.
They have shown up in purposes like filling the gap in existing law, aiding interpretation
of the law, supporting and defending a particular stand, implementing international
conventions and such

In a case of Chairman Railway board v/s Chandrima Das (2000)3, the court held utilized
declaration of human rights while widening the scope of article 21 of constitution by
providing security to rape victims of foreign nationals.

3 Chairman Railway board v/s Chandrima Das (2000) 2 SCC 465; MANU/SC/0046/2000; AIR 2000 SC 98
Also in the landmark case of Vishaka v/s state of Rajasthan (1997)4, the court while
drafting guidelines in sexual harassment of women at the workplace referred to many
international convections and norms which were relevant for the purpose of guarantee
gender equality, right to work with dignity and the adherence to article 14, 15, 19(1)g and
21 of the constitution.

By this, the influence and service of foreign law has proved to be a dominant part in the
Indian legal system.

CONCLUSION
4 Vishaka v/s state of Rajasthan (1997) AIR 1997 SC 3011
Adaption of the ideologies and referring the foreign law and constitution has played a
noteworthy role in the Indian constitution and legal framework. It contributed to the
foundation on which India stands upright, also, carving the world’s longest written
constitution. Implementing the foreign principles into Indian law is not a mere copying,
but adopting the salient features of the countries across globe into ours for framing a law-
obliged society.

Now India runs as a sovereign, socialist, secular, democratic and republic country with a
parliamentary form of government. The diversity in India is both its strength and
weakness. Such a diverse country can only be united by a tightly binded and powerful
legal composition. This structural arrangement of system and its functioning affects the
smooth running of the country of the country. So, the foreign law’s adoption therefore
has helped India in the upbringing of a rightful society and the judiciary in taking
decisions and reference to the foreign case laws and trails.