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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Parliament's Resolutions on Foreign Policy *

Parliament's Resolutions on Foreign Policy *

Chapter:
(p.xvii) 2 Parliament's Resolutions on Foreign Policy*
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0002

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

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