Different countries follow different Schools for Application of International Law, while some follow the Monistic approach by which judiciary can apply the International Treaties itself, which make them self-executing treaties. India follows the Dualistic School under which the International Treaties doesn’t automatically become part of the legal system even after being ratified by the executive head of the country. Rather they need to be incorporated in the legal system by enactment of an act in the legislation by the Parliament wherever it is necessary only then it can be applied by the Indian courts. Although Indian Judiciary is not empowered by the constitution to make legislations still it has huge hands to interpret Indian obligations under the International Law into Municipal Law of the Land by pronouncing it in its decisions whenever issues concerning the International Law arise in any case. A pro-active role is played by India Judiciary in implementation of International Law in India and especially when the matters are related to environment or about the Human Rights of the people. This paper with the help of constitutional provisions followed in India examines its practices in relation of International Law and Customary law with the role of judiciary.

Keywords: Monistic approach; Dualistic School; Ratified; Pro-active role; Municipal Law; Customary