In Jolly George Varghese v. Bank of Cochin (1980), the Supreme Court referred to Article 11 of the…
Justice Krishna Iyer said that "until the municipal law is changed to accommodate the Covenant what binds the court is the former, not the latter". The Covenant's commitment…
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In Jolly George Varghese v. Bank of Cochin (1980), the Supreme Court referred to Article 11 of the International Covenant on Civil and Political Rights. What did it say about the relationship between the Covenant and Indian municipal law?
Answer and explanation
Correct answer C
Justice Krishna Iyer said that "until the municipal law is changed to accommodate the Covenant what binds the court is the former, not the latter". The Covenant's commitment may prompt legislative action and guide interpretation, but does not by itself override statute. The Court then read section 51 of the Code of Civil Procedure in a way consistent with the spirit of Article 11.
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