© Red Flower Publication Pvt. Ltd. Indian Journal of Law and Human Behavior Volume 6 Number 2 / July – December 2020 DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.6220.8 Review Article Relation and Implementation of Provisions of International Law in Municipal Law of India: Role of Indian Parliament and Judiciary Abstract Different countries follow different Schools for Application of International Law, while some follow the Monistic approach by which judiciary can apply the International Treaties itself, which make them self-executing treaties. India follows the Dualistic School under which the International Treaties doesn’t automatically become part of the legal system even after being ratified by the executive head of the country. Rather they need to be incorporated in the legal system by enactment of an act in the legislation by the Parliament wherever it is necessary only then it can be applied by the Indian courts. Although Indian Judiciary is not empowered by the constitution to make legislations still it has huge hands to interpret Indian obligations under the International Law into Municipal Law of the Land by pronouncing it in its decisions whenever issues concerning the International Law arise in any case. A pro-active role is played by India Judiciary in implementation of International Law in India and especially when the matters are related to environment or about the Human Rights of the people. This paper with the help of constitutional provisions followed in India examines its practices in relation of International Law and Customary law with the role of judiciary. Keywords: Monistic approach; Dualistic School; Ratified; Pro-active role; Municipal Law; Customary Law. Author Affiliation Assistant Professor, Department of Law, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh 226025, India. Corresponding Author Rajeev Kumar Singh, Assistant Professor, Department of Law, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh 226025, India. E-mail: singh.rajeev264@gmail.com Rajeev Kumar Singh Introduction Entering into international treaties and agreements is one of the attributes of State sovereignty. 1 Treaties are contracts between nations. As the provisions of international law, they put obligations which international law requires that the parties to comply at municipal level as well as international level. 2 While International law is applied in the relations of the States and to other subjects of International law or Municipal law is applied within a State to the individuals and corporate entities. Prima facie there is hardly any relationship between the two systems as each is designed to operate in its own sphere and they are applied differently to their subjects by different courts. When there is a conict between the two systems, a court is faced with the difculty of arriving at a decision. Therefore the process of enforcement of International law at Municipal level is diverse in different countries. Moreover a very large part of modern International law is directly concerned with the activities of individuals who come under the jurisdiction of Municipal law. India follows the dualist theory for the implementation of international law at domestic level. 3 International treaties do not automatically become part of national law in India. 4 It, therefore, requires the legislation to be made by the Parliament for the implementation of international law in India. It’s been a matter of debate for the implementation of international laws in our country after it has gain inuence in our day to day life. While some pISSN: 2454-7107, eISSN: 2455-4189 How to cite this article: Rajeev Kumar Singh / Relation and Implementation of Provisions of International Law in Municipal Law of India: Role of Indian Parliament and Judiciar. Indian J Law Hum Behav 2020;6(2):79–86.