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CS Professional · Labour Laws and Practice · International Labour Organization

Kaveri Auto Components employs workers who ask whether India is bound by an ILO Convention that the International Labour Conference adopted last year but India has not ratified. What is the correct position?

Without ratification India has no binding treaty obligation under the Convention. Still, as an ILO member it must submit the adopted instrument to the competent authority, which is Parliament, within the period prescribed by the ILO Constitution, and may be asked to report on its position.

  1. AIndia is bound because it is an ILO member
  2. BIndia has no ratification-based treaty obligation under it, but must bring it before the competent authority within the prescribed periodCorrect
  3. CIndia is bound only after one year from adoption automatically
  4. DIndia must denounce it formally to avoid liability

Explanation

Membership alone does not bind a State to a Convention; ratification does. However, the ILO Constitution requires members to submit adopted instruments to the competent national authority (in India, Parliament) within the prescribed period. Option A ignores the ratification requirement.

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