Finding foreign relations law in India: A decolonial dissent

Singh, Prabhakar (2021) Finding foreign relations law in India: A decolonial dissent. In: Encounters between Foreign Relations Law and International Law. Cambridge University Press, Cambridge, pp. 1-22. ISBN 9781108942713

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As a Justice of the High Court of England ... it is my duty to apply English municipal law, including English foreign relations law ... Questions of foreign affairs arising in English courts have ... English law answers. Could an Indian judge, as the purveyor of the common law coming from England to India, too, identify a duty to apply Indian ‘foreign relations law’ (FRL), if any? Could the judge also assert that the questions of ‘foreign affairs’ arising before Indian courts ought to have Indian law answers? After acknowledging the presence of an established FRL in England, the British High Court in the Muffakham Jah case notably found for Pakistan ‘a foreign relations law’ but a ‘constitutional law’ for India. 2 We will do well to remember that while Britain does not have a written constitution, United States has one of the world’s shortest written constitutions.3 Contrarily, the Constitution of India is the postcolonial world’s most detailed text. Needless to say, the Constitution is a significant lens with which to identify the possibility, or not, of an FRL within the law of the land.

Item Type: Book Section
Keywords: Foreign relations | Law | India | Judge
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 15 Mar 2022 12:54
Last Modified: 09 Apr 2022 06:32
Official URL:


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