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Ashok Kumar Sharma & Ors. vs Union of India

Not available · 2024 INSC 674Decided 9 Sept 2024
Not available

Background

A group of former civil servants, scholars, activists and policy experts filed a writ petition under Article 32 asking the Court to direct the Union Government to cancel existing licences and stop granting new licences to Indian companies (including a defence PSU and private firms) for exporting arms and military equipment to Israel, during the Gaza conflict. They argued this violated India's international law obligations and Articles 14, 21 and 51(c) of the Constitution, relying on ICJ rulings concerning Israel's conduct.

Decision Breakdown

The Court dismissed the petition, holding it was not a matter fit for judicial intervention under Article 32. It reasoned that: (1) the conduct of foreign affairs is constitutionally vested in the Union Government under Article 73, and courts cannot pass judgment on the conduct of a sovereign foreign nation (Israel) which is not subject to Indian court jurisdiction; (2) cancelling licences could disrupt international contracts and expose Indian companies to damages claims, consequences the Court is ill-equipped to assess; and (3) the government already has adequate statutory powers (under the Foreign Trade Act and Customs Act) to act if it chooses, and such policy decisions involve economic and geopolitical considerations best left to the executive. The Court clarified it was not expressing any opinion on the merits of India's or Israel's conduct.

Lesson Learnt

Indian courts exercise self-restraint in foreign policy matters: decisions on international relations, treaties, and trade with other sovereign nations are the constitutional domain of the executive government, not something citizens can compel through a writ petition.

Official source (sci.gov.in)View Judgment (PDF)

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