The question (15 marks)
Explain the monistic and dualistic theories on the relation between international law and municipal law, and examine the position taken by Indian courts. (15 marks)
MU Module I, head 1.6; chapters on international law and municipal law.
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 1 · Nature and Sources of Public International Law.
Authorities you will need
- Constitution of India 1950, arts. 51(c), 73, 245(2), 253 and 368
- In Re Berubari Union (I)
- Jolly George Verghese v. The Bank of Cochin
- Vishaka v. State of Rajasthan
- Vienna Convention on the Law of Treaties 1969, art. 27
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.