Ashok Kumar Sharma vs Union of India 2024 INSC 674 – Israel – Foreign Policy – International Law

Constitution of India,1950; Article 32- Writ petition seeking to cancel existing licences and halt the issuance of new licences for the export of arms and military equipments to Israel- Dismissing WP, SC observed: The sovereign nation of Israel is not and cannot be made amenable to the jurisdiction of this Court. Hence, for this Court to consider the grant of the reliefs as sought, it would inevitably become necessary to enter a finding in regard to the allegations which have been leveled by the petitioners against the State of Israel. Absent jurisdiction over a sovereign State, It would be impermissible for this Court to entertain the grant of reliefs of this nature – Some of these licenses may be governed by contracts with international entities, including within the State of Israel. The grant of injunctive relief by this Court would necessarily implicate a judicial direction for breach of international contracts and agreements. The fall out of such breaches cannot be appropriately assessed by this Court and would lay open Indian companies which have firm commitments to proceedings for damages which may affect their own financial viability- Whether in a given case, any such action is warranted is a matter which has to be decided by the Union Government bearing in mind economic, geo-political and other interests of the nation in the conduct of international relations. In taking an appropriate decision, the Government bears into account all relevant considerations including the commitments of the nation at the international level- The danger in the Court taking over this function is precisely that it would be led into issuing injunctive reliefs without a full and comprehensive analysis or backdrop of the likely consequences of any such action- The self-imposed restraint on Courts entering into areas of foreign policy is, thus, grounded in sound rationale which has been applied across time.

International Law – International law is a part and parcel of the law of the nation unless the application of a principle of international law is excluded expressly or by necessary implication by the competent legislature. (Para 6)