Parliament's Resolutions on Foreign Policy*

A.G. Noorani


Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI:
Parliament's Resolutions on Foreign Policy*

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This chapter analyses the practice and meaning of parliamentary resolutions on matters of foreign policy. It shows that a resolution, whether adopted by either house of Parliament or both houses of Parliament, does not have any legal force. Criticizing the BJP's attempt to table a resolution on so complex a subject as Comprehensive Test Ban Treaty, it points out that the two resolutions on Kashmir, in 1990 and 1994, had zero impact on the problem. The lesson should have been learnt from the Parliament's resolution on China in 1962, when in the wake of the armed conflict with China, the Lok Sabha and Rajya Sabha adopted resolution ensuring China's conduct and affirming the nation's resolve ‘to drive out the aggressor’. The resolutions did not have any political relevance and it did not give any new direction to policy. The law on cession of Indian territory is clear. The Parliament has permitted the Union to conclude treaties for resolving border disputes. Despite the availability of this option, one sees intermittent attempts to take the path of parliamentary resolution.

Keywords: parliamentary resolution; foreign policy; Lok Sabha; China; concession; treaties

Chapter.  3362 words. 

Subjects: Constitutional and Administrative Law

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