UNITED NATION TREATY
Safe working place is reinforced by the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) an international treaty adopted in the year 1979 by the United Nations General Assembly. India is a signatory to this Convention and POSH outlines the CEDAW.
INTERNATIONAL LAW ON TREATY
In the United States of America, a treaty is the Supreme Law and it is only when the terms of a treaty require that a law must be passed that it has to be so passed. Under the French Constitution treaties that require ratification by law include treaties of cession, exchange or addition of territory. In England, as no written constitution exists, the difference is made between treaties of peace when the Crown acts without obtaining the approval of Parliament. The Constitution of India does not contain any clear direction about the treaties as is found in the United States and French Constitutions. Therefore, in our country, we can only go by inferences from our Constitution. The legislative entries, which enables the Parliament to enact laws in respect of treaties is Article 253.
IMPLICATIONS FOR SIGNING A TREATY IN INDIA
Under the Article 253 of the Constitution of India read with entries 10 and 14 of the List I of the Seventh Schedule mentions Foreign Affairs- all matters, which bring the Union into relation with foreign countries-signing and implementation of international treaties within the domain of the Parliament. Article 253 provides that Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Treaties also lay down benchmarks for the Indian judicial system to fill gaps in the matters where there are no clear-cut policies or legal provisions in the Indian legal system.
Article 73. The Extent of executive power of the Union states:
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend
(a) to the matters with respect to which Parliament has the power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of India by virtue of any treaty on agreement:
Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this constitution or in any law made by Parliament, extend in any State to matters with respect in which the Legislature of the State has also the power to make laws
Awareness Campaign of the Indian Law Watch
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