The Supreme Court on Friday dismissed a public interest litigation seeking to restrain the government from going ahead with the Indo-US civil nuclear deal without legislative approval, saying the Constitution did not debar it from signing a treaty without Parliament's nod.
"There is nothing in the Constitution, which prevents the government from signing a treaty (without approval of Parliament)," a bench headed by the Chief Justice said.
The bench was hearing a PIL filed by a Bangluru-based lawyer, M Ravi Prakash, who contended that the Centre could not enter into an agreement or a treaty with a foreign state without getting the nod from Parliament.
"The treaty-making power and foreign affairs power is exclusively within the domain of the Parliament, therefore legislation is required before the proposed agreement for nuclear co-operation with US which infringes on the sovereignty of the nation," he said.
The bench, however, was not satisfied with his contention and asked him to show a provision of law, which said that Parliament's approval was mandatory for such agreement.
"Hundreds of treaties are being signed by the government. Is there any provision that prevents the government from entering into it," the bench said.
"In all treaties like WTO, GATT or others you surrender some rights and gain some rights," the Bench observed when the advocate said that after this agreement the country would lose its power to conduct nuclear test which would have serious implication on the security of the nation.
The court earlier had dismissed two similar petitions which had sought to restrain the government from going ahead with the Indo-US civilian nuclear deal on the ground that these were 'policy matters' and it could not examine them.
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