Diplomatic Immunity Flashcards
Understanding diplomatic immunity and its components in the Indian context.
What is the source of Diplomatic Immunity for foreign diplomats.
Vienna Convention on Diplomatic Relations, 1961
How is Diplomatic Immunity guaranteed by the Indian constitution?
Indian Parliament enacted The Diplomatic Relations (Vienna Convention) Act, 1972 to give effect to India’s obligations under the Vienna Convention.
What mandates the Parliament to enact legislation on this subject?
Article 253 of the Indian Constitution requires Parliament to introduce a legislation to give effect to an international agreement.
Can contempt proceedings be instituted against a diplomat having Diplomatic Immunity by Supreme Court of India?
The Supreme Court cannot institute any content proceedings or any other civil or criminal case against a diplomat as long as he/she is holding the diplomatic immunity.
What does Article 29 of the Vienna Convention state?
Article 29 of the Vienna Convention states that a diplomatic agent shall not be liable to any form of arrest or detention and the receiving state shall take all appropriate steps to prevent any attack on his person, freedom or dignity.
It is precisely to avoid holding a diplomatic agent responsible for the acts of the sending state.
Does the order restraining the Italian Ambassador from leaving India amounts to detention under Article 29?
The judgment of the International Court of Justice in Congo v. Belgium (2002) is instructive. The ICJ noted that measures that raise the fear of arrest even if they do not in fact interfere with the actual fulfillment of diplomatic activities would go against the guarantee of personal inviolability under Article 29
Article 31 of the Vienna Convention?
Article 31 of the Vienna Convention provides that a diplomat shall enjoy immunity from the exercise of criminal and civil jurisdiction. The criminal immunity that an Ambassador enjoys, both personally and as an Ambassador, is absolute.
Article 32 of the Vienna Convention?
The Vienna Convention recognizes the possibility of a waiver of immunity under Article 32. However, under this provision, immunity has to be expressly waived by the sending state and there is no possibility of inferring a waiver of immunity from the acts of its diplomatic agents.
The 1972 Act recognizes that, along with the sending state, the Head of the Mission (Ambassador to the country) can also waive immunity.
When can the Supreme Court of India initiate contempt proceedings?
Court may take action:
(a) Suo motu,
(b) on a petition made by Attorney General, or Solicitor General
(c) on a petition made by any person.
And in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.
What is Sovereign immunity, or crown immunity?
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.
Article 129 of the Indian constitution?
Article 129 of the Constitution empowers the Supreme Court to punish for its contempt.
It has been argued that this constitutional provision must prevail over diplomatic immunity as Section 2 of the Diplomatic Relations Act mentions the overriding effect of the Vienna Convention over ‘any other law’ which would exclude the Constitution.
