The Supreme Court on 9 September rejected a plea to stop military exports to Israel amid the conflict in Gaza, saying it is for the Government of India and not the court to decide matters of foreign policy.
Supreme Court’ observations:
- In relation to the conduct of foreign affairs, jurisdiction is vested with the Union government under article 162 of the constitution;
- 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;
- Under Article 32, the court can not issue a writ to the Union of India to cancel existing licenses and halt the issuance of new licenses for the exports of arms and military equipment to Israel (or any other country).
- The sovereign nation of Israel is not and cannot be made amenable to the jurisdiction of the Supreme Court of India.
- There is a self-imposed restraints on courts in entering into areas of foreign policy.
