A Comparative Study of the Indian Constitution & Global Constitutional Norms through the Lens of International Law

This paper analyzes the alignment between domestic self-defence norms and international legal obligations, focusing on India’s dualistic constitutional model and its interrelationship with Article 51 of the UN Charter. Using theoretical legal research and comparative constitutional approaches in India, the United States, Germany, and South Africa, combined with an analysis of UN Charter provisions and International Court of Justice jurisprudence, it evaluates how self-defense has embedded in each legal system. The paper analysis India’s broad “reasonable apprehension” standard versus strict international norms, highlighting significant divergences in imminent limits while demonstrating a shared emphasis on necessity and proportionality. The study concludes by recommending constitutional or legislative amendments to harmonize India’s self-defense provisions with Article 51 norms, thereby bolstering both state security and compliance with the UN Charter framework. As India faces complex security challenges, clarifying self-defense norms is of utmost importance to balance sovereignty with the rules-based international order.