Information
was also sought as to whether
the Government
intetided
to acaede to
enabling
the Committee to receive
and
the Optional
Protocol
to the Covenant,
consider communications from individuals.
It was further
asked whether the
Goverment was giving any thought to withdrawing some of its reservations
to
the Covenant, which mounted to restrictions
with respect to a number of
articles
and the possibility
of whole sections of the Covenant not being
Clarification
was requested, in particular,
on India’s reservation
applied.
to article
1 of the Covenant.
263. In his reply,
the representative
of the State party explained that in hisl
country the rules of international
law were incorporated
into national
law and
considered to he part of it unless they were in conflict
with an Act of
Article
51 of the Constitution,
which provided that the State
Parliament.
should endeavour to foster
respect for international
law and treaty
obligations
in the dealings of organieed peoples with one another, was a
directive
principle
of State policy,
providing guidance for the executive and
the legislature,
but was not enforceeble
in the courts.
No rights existed
in
India other than those that were guaranteed in the Constitution
and,
consequently,
a citizen
could claim that his rights, had been violated
only on
the basis of a particular
law, not on the basis of a provision
of the
However, when a court examined challenges on the basis of a right
Covenant.
guaranteed by the Constitution
but restricted
or denied by an ambiguous law,
the court could overrule the law and interpret
the right in queStion
as
including the full guarantees under the Covenant.
The Supreme Court of India
had observed that, in the event of doubt, the national rule was to be
interpreted
in accordance with the international
obligations
of the State.
Since the rights included in the Covenant wero reflected
in the Indian
Constitution
and other laws, the question of contradictions
between
Indian
legislation
and other laws was purely hypothetical.
Referring
to remedies available
to individuals,
he emphasiaed that any
citieen was entitled
to appeal directly
to the Supreme court in order to
In fact, proceedings could be initiated
on
enforce his fundamental rights,
the basis of an anonymous telephone call or a poetcard to the Supreme Court.
Where a large group of persons could not afford to bring an action,
any person
could file a litigation
on their behalf under the system of public interest
litigation
and, under article
141 of the Constitution,
any decision on such
matter became binding on all courts in the nation.
264.
265. With regard to the dissemination of information
on the rights recognised
in the Covenant, the representative
of the State party explained that citiesne
of India were well acquainted with the basic human rights and fundemental
freedoms embodied in it as a result of the efforts
of the Government and its
information
agencies, and of radio and television
progrsmmes in all the
country’s languages.
The Covenant, and other international
instruments on
human righte,
had been translated
into several Indian languages, and human
rights,
in the broadest sense, formed part of the curriculum
and syllabus for
children in school.
266. Replying to questions on the scope of India’s reservation
to article
1 of
the Covenant, the representative
stressed that territorial
integrity
and
sovereignty had to be the basis of the right to self-determination.
The term
“self-determination”
did not apply to citizens
within Indian territory,
but
rather only to those living
outside the territory
of India under foreign
domination.
-67-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents