Why in news
The Supreme Court of India dismissed a petition (Ashok Kumar Sharma and Others vs Union of India) that sought to stop the export of military equipment to Israel amid ongoing conflict, without addressing the case's merits.
The case highlights the limits of judicial review over government decisions related to foreign policy and international law, particularly in sensitive areas like military exports.
Where the Supreme Court Failed
Ignoring International Obligations
The Court wrongly deemed international obligations non-binding, despite India’s commitments under conventions like the Genocide Convention and Geneva Conventions.
The Court should have considered India's duty to uphold these international laws in its domestic decisions, as it had done in previous judgments
Misjudging Contractual and Financial Concerns
The Court’s concern about breaching contracts and financial fallout was misplaced.
The principle of "force majeure" could apply in this situation, allowing the suspension of licenses due to the exceptional circumstances of genocide.
The Court should have prioritized humanitarian obligations over financial considerations
Avoiding Foreign Policy Issues
The Court’s reluctance to address foreign policy and its "self-imposed restraint" led to neglecting India’s international legal duties.
It missed an opportunity to ensure that the government’s actions conformed to international humanitarian standards, despite the gravity of the situation in Israel and Gaza.
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