In a landmark decision, the Supreme Court of India dismissed a plea seeking to halt military exports to Israel during the Gaza war. The court emphasized that such decisions fall under the Union Government’s jurisdiction, per Articles 162 and 253 of the Constitution. The petition argued that Israel's actions in Gaza amount to genocide, violating international law and constitutional provisions. However, the court ruled that foreign policy decisions and the regulation of military exports cannot be judicially controlled.
The bench, led by Chief Justice D.Y. Chandrachud, further clarified that the matter involved sovereign nations and contractual obligations, making it inappropriate for judicial interference. It highlighted that international contracts and geopolitical interests must be managed by the government, not the courts. The ruling underscored the principle of non-intervention by the judiciary in foreign policy and international relations, reiterating that such complex decisions are best handled by the executive branch.
This judgment reflects a significant judicial restraint in foreign policy matters, underscoring the judiciary's limitations in intervening in governmental decisions on international matters, especially when sovereign nations and sensitive geopolitical concerns are involved.
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