GK Question

Answer: Continue to apply, and derogations must comply with principles of necessity, proportionality, non-discrimination

International human rights law during Emergency: (a) Constitutional principle: India's international obligations continue during Emergency; domestic law interpreted to comply with international law where possible, (b) International human rights law: (i) Treaties like ICCPR permit derogation from certain rights during public emergency, but core rights (life, prohibition of torture) non-derogable, (ii) Principles of necessity, proportionality, non-discrimination: Emergency measures must be necessary for crisis response, proportionate to threat, non-discriminatory, (iii) Judicial interpretation: Indian courts increasingly refer to international law principles in interpreting constitutional provisions, including Emergency powers, (c) Applications: (i) Post-1978: Courts examine whether Emergency measures comply with international law principles of necessity, proportionality, non-discrimination, (ii) Rights protection: Ensures Emergency measures respect core human rights, even during crisis, (d) Rationale: (i) Constitutional supremacy: International law informs constitutional interpretation, especially for rights protection, (ii) Democratic legitimacy: India's international commitments reflect democratic consensus on human rights, (iii) Global accountability: Compliance with international law enhances India's global standing, democratic credibility, (e) Illustrates constitutional internationalism: International law principles inform Emergency powers interpretation; balance between crisis response capacity and human rights protection through necessity, proportionality, non-discrimination principles.