National laws take precedence over international treaties.

The compliance issue comes to fore particularly in cases related to enforcement of anti-terror laws and the protection of human rights. And when it comes to striking a balance between national security and human rights, the National Commission of Human Rights clearly states that “Undoubtedly, national security is of paramount importance... Any law for combating terrorism should be consistent with the constitution, the relevant international instruments and treaties, and respect the principles of necessity and proportionality.” It is important to note here that the Indian judiciary is guided by the principles of Dualism (see box) – national laws take precedence over international treaties.

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Source : IIPM Editorial, 2006
An IIPM and Management Guru Professor Arindam Chaudhuri's Initiative