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Abstract

A “treaty” to be valid and binding must first be entered into by an organ of a State that has requisite capacity or source of power to that effect either under its Constitution or a Statute.1 Once this requirement is fulfilled, a State assumes obligations under the treaty and is accountable for its implementation. The obligations are cast on State. The term State includes all organs functioning under the State including Parliament, Executive and Judiciary. Thus the obligation “to respect”, “to give effect”, “to ensure” human rights enshrined under the international human rights treaties are cast not only on Executive or Government that ratified such treaties but on all organs of State.2 It is not in dispute that Union Executive in India has power to enter into international treaties by virtue of the power conferred on it under Article 73 of the Constitution. Once the treaty is entered into by the Union Executive, the obligation to implement the treaty is cast on the three organs of the State- Executive, Parliament and Judiciary.