Skip to content

CS Professional · Labour Laws and Practice · International Labour Organization

Sunrise Textiles Ltd. argues that because India has not ratified a particular ILO Convention, the Convention is automatically part of Indian law and binds the company. Which view is correct?

An unratified ILO Convention does not bind India or its employers. Even ratified Conventions take domestic effect only when Parliament legislates or the government implements them, as India follows a dualist approach to international obligations.

  1. AAn unratified Convention binds Indian employers directly as national law
  2. BA ratified Convention becomes enforceable only when Parliament enacts domestic legislation or the government gives it effect; non-ratification imposes no treaty obligationCorrect
  3. CRatification by India automatically repeals all conflicting Indian statutes
  4. DOnly State legislatures can give effect to ILO Conventions

Explanation

Under India's dualist approach, treaty obligations are given domestic effect through legislation (Parliament has the power to legislate to implement international agreements). An unratified Convention creates no binding obligation for India, so the company's claim fails. The option claiming automatic repeal ignores the need for legislation.

Did you get it right without looking?

One question tells you little. A timed set on International Labour Organization shows your real accuracy, how long you take and where you lose marks.

Practise International Labour OrganizationFree diagnostic mock

More International Labour Organization questions