"In case of conflict between a provision of an International Treaty and a provision of a state statute…
In Jolly George Varghese v. Bank of Cochin (1980), the Supreme Court considered Article 11 of the International Covenant on Civil and Political Rights, which bars…
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"In case of conflict between a provision of an International Treaty and a provision of a state statute it is the provision of state statute that shall prevail if the treaty has neither been specifically adopted in the Municipal field nor has gone under transformation." This was held by Supreme Court of India in
Answer and explanation
Correct answer C
In Jolly George Varghese v. Bank of Cochin (1980), the Supreme Court considered Article 11 of the International Covenant on Civil and Political Rights, which bars imprisonment merely for inability to pay a contractual debt. Krishna Iyer J. held that unless a treaty is incorporated into municipal law, the municipal statute (here section 51 of the Code of Civil Procedure) prevails where the two conflict.
Vishaka (1997) and Apparel Export Promotion Council (1999) used international conventions to fill gaps where there was no conflicting domestic law. Maganbhai Patel (1969) concerned the executive power to make treaties.
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