On Wednesday (September 4, 2024) Retired diplomats, academicians, public intellectuals and activists moved the Supreme Court To direct the government to cancel or halt licenses and permissions given to Indian companies to export arms and other military equipment to Israel during the ongoing conflict in Gaza.
A three-judge bench led by Chief Justice of India D Y Chandrachud said the “fundamental objection to the maintainability of” the petition “is that in relation to the conduct of foreign affairs, jurisdiction is vested with the Union government under Article 162 of the Constitution”.
The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing a writ petition under Article 32 of the Constitution seeking to “cancel any existing licenses/permissions and halt the grant of new licenses/permissions, to various companies in India, for exports of arms and other military equipment to Israel”. The petitioners contended that Israel was committing genocide in Gaza and hence the Indian arms exports would amount to a violation of the Convention on the Prevention and Punishment of the Crime of Genocide.
The bench also comprising Justices J B Pardiwala and Manoj Misra said, “Apart from Article 162, the provisions of Article 253 of the Constitution stipulate that Parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.”
The Court also observed that the grant of the reliefs would amount to a judicial injunction for breach of contracts which the Indian companies may have entered into with international entities.
Whether to prohibit foreign trade with any country is a matter to be decided solely by the Government as per the applicable law and the Court cannot take over such functions.
While dismissing the petition, the Court clarified that it has not observed anything on the merits of India’s foreign policy or the conduct of any independent sovereign nation.
