The Supreme Court of India, on Monday, dismissed a public interest litigation (PIL) aimed at halting the export of military equipment to Israel, citing ongoing tensions in Gaza.
The petition sought a directive for the Union government to revoke existing licenses and freeze new permits for arms exports to Israel.
Chief Justice DY Chandrachud, leading a bench that included Justices JB Pardiwala and Manoj Misra, underscored that defense and foreign policy fall exclusively under the jurisdiction of the Union government as outlined in the Constitution.
The court referred to Articles 162 and 253 of the Constitution, which affirm that Parliament holds the authority to legislate on matters related to international agreements and treaties.
Justice Chandrachud remarked, “Our role does not extend to instructing the government on specific export bans or licensing issues, as these are matters of national policy.”
The bench further noted that granting the PIL’s request would involve judicial interference in international contractual obligations, which could lead to breaches of such agreements.
The court clarified that its decision does not comment on the Union government’s foreign policy decisions.
The PIL had cited a recent International Court of Justice (ICJ) ruling that imposed provisional measures against Israel for alleged violations in Gaza, arguing that India’s military exports to Israel contravene international laws prohibiting support to states accused of war crimes.
The petition called for an immediate suspension of military aid to Israel and urged that efforts be made to prevent any misuse of previously delivered weapons.
However, the Supreme Court’s ruling reinforces that such policy matters remain within the government’s purview and are not subject to judicial mandates.
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