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Supreme Court of India 2024-09-09 dismissed

Ashok Kumar Sharma & Ors vs Union of India

Bench: 3 — Dhananjaya Y Chandrachud (CJI), J B Pardiwala, Manoj Misra

In Brief

The Supreme Court dismissed a writ petition seeking orders to cancel existing export licences and prevent new licences for arms and military equipment sales to Israel during the Gaza conflict. The petitioners, invoking Articles 14, 21, 51(c) and 32, claimed violation of India's international law obligations regarding genocide and war crimes. The Court held it lacked jurisdiction to entertain the petition: granting relief would require findings on Israel's conduct (a sovereign nation beyond the Court's jurisdiction), breach international contracts exposing Indian companies to damages, and encroach on foreign policy matters exclusively vested in the Government under Articles 73 and 253. The Government possesses statutory powers under trade and customs law to act if warranted."

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Constitutional Law Foreign Policy Judicial Review Article 32 Separation of Powers International Law

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