VERTICAL ALLOCATION OF AUTHORITY- THE SCOPE OF INTERNATIONAL LAW IN THE INDIAN CONSTITUTTION.

ABSTRACT Municipal courts, very often have to face situations calling for the application of the rules of international law, which may or may not conform to the municipal law. Similarly, International tribunals may be called upon to determine the precise status and effect of a rule of municipal law, subject to if the party to the case has consented to do so or if the case has such connections to the municipal law. There may also be situations which require theoretical analysis and determination of the limits of theinternational and municipal law. Hence in such cases, where a conflict between international law and municipal law exists or has been discovered, the question of supremacy arises i.e. whether international law supersedes municipal law or vice-versa. Hints to answer such questions of supremacy can be found if we understand the constitutional law of the state. It is seen that national constitutions tend to give direction in administering the rules of international law or treaties as international law does not prescribe any rule on how its laws are set to be imbibed. This article seeks provide a fresh perspective and answer some pertinent questions relating- to the applicability of international rules directly under domestic law and the enforceability of a treaty with respect to conflicti ng, or in absence, domestic laws as seen and envisaged in the Indian Constitution with the help of Articles of the constitution and relevant case laws. As it is known that the Indian Constitution has been influenced and has incorporated principles of numerous constitutions of the world, we must analyze such principles which have been adapted to suit our need.