The question (15 marks)
How far can an individual enforce the International Covenants in India? Discuss the international machinery, India's position upon it, and the domestic route. (15 marks)
MU Module 2, head 2.1 - implementation of the Covenants; and Module 3, head 3.7.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · International Conventions and Protocols of Human Rights Law.
Authorities you will need
- International Covenant on Civil and Political Rights 1966, Articles 40 and 41, and the First Optional Protocol, Articles 1 and 2
- Jolly George Varghese v Bank of Cochin
- Nilabati Behera v State of Orissa
- Constitution of India, Articles 32, 51, 226 and 253
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.