Dualism or monism: The stance of SC still not clear
Tania Gupta, Dr. Divya Khurana
Dualism and Monism are two principles which help to determine the relationship of international law with domestic law and how international law will be implemented in the domestic regime. Article 253 of the constitution of India makes it mandatory for the parliament to enact a law to transform international law into municipal law thereby expressly declaring India to be a Dualist country. However various judicial pronouncements of the SC throw light on the fact that SC has time and again divested from Article 253 of the constitution thereby leaving open the question - whether India follows Dualism or Monism? This article discusses in the detail concepts of dualism, monism and what they mean in the domestic legal regime of nations and also various Supreme Court judgements causing confusion as to India being Dualist or Monist and its effects on lives of people.