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Ratification is a term widely used in legal, political, and international contexts, yet its importance goes beyond procedural formalities. On 14 January, as we observe Ratification Day, it is a timely opportunity to reflect on how ratification ensures that laws, treaties, and agreements are legally valid, accountable, and enforceable. By requiring formal approval, ratification safeguards democratic principles, protects citizens’ rights, and strengthens public trust in governance.
The aim of this article is to explain why ratification is crucial, how it upholds the rule of law, and why structured approval processes are essential for both domestic legislation and international agreements.
The concept of ratification has deep roots in both domestic and international law. In constitutional democracies, ratification is often required for amendments to the constitution, ensuring that fundamental changes have the consent of legislative bodies or the people. Internationally, treaties negotiated by the executive branch cannot become binding unless ratified by the appropriate national authority. For example, the United States Constitution requires Senate approval for treaties, while in India, Article 253 and related provisions outline the legislative procedure for implementing international agreements domestically. This legal requirement acts as a check on power, ensuring that unilateral actions do not compromise national interests or citizens’ rights. Ratification, therefore, is both a procedural necessity and a democratic safeguard.
At its core, ratification reinforces the rule of law, which asserts that no one, including governments or executives, is above the law. Without proper ratification, laws or treaties lack legitimacy, creating legal uncertainty and undermining public confidence. By mandating formal approval, ratification ensures that governmental decisions adhere to established procedures and are transparent, accountable, and predictable. It also reflects democratic principles, giving elected representatives or legislative bodies a meaningful role in decision-making. In essence, ratification is a bridge between executive authority and legal validity, demonstrating that every action taken by the state must comply with legal standards.
Ratification is essential in both domestic legislation and international agreements, assuring legal validity and responsibility. In India, most constitutional revisions require only a simple or special majority of Parliament. However, revisions that impact established federal structure elements—such as the election of the President, the division of legislative powers between the Union and the states, judicial provisions, or Article 368 itself—must also be approved by at least half of the state legislatures. Amendments to basic rights are generally not subject to state ratification. International treaties, such as the Paris Climate Agreement and UN conventions, must be ratified by member states before they become legally binding. Improper or missing ratification can result in litigation, illegitimate agreements, and legal uncertainty, emphasising its critical role in maintaining government and credibility.
Ratification carries significant legal and political weight. Legally, it provides certainty by clarifying the rights, duties, and obligations of the parties involved. Politically, ratification lends legitimacy to governmental actions and helps maintain public trust. By requiring formal approval, ratification prevents arbitrary decision-making, ensuring that laws and agreements are enacted following due process. Furthermore, courts often examine whether ratification was properly conducted when disputes arise, reinforcing judicial oversight as a complement to legislative approval. In this way, ratification strengthens both the legal framework and democratic accountability.
While ratification is essential, the process is not without challenges. Political disagreements can delay approvals, sometimes leaving critical laws or treaties in limbo. Public awareness of ratification procedures is often limited, reducing engagement with decisions that affect citizens’ lives. Additionally, conflicts between domestic law and international obligations can create complex legal questions. However, these challenges do not undermine the principle of ratification itself. Instead, they highlight areas for improving transparency, efficiency, and civic participation in the approval process.
For citizens, ratification ensures that laws and treaties affecting their lives have been carefully examined and formally approved. It strengthens accountability, as governments must follow prescribed procedures and justify their decisions. Ratification also safeguards the legal system from arbitrary or unilateral actions, reinforcing stability and predictability in governance. By ensuring that executive and legislative actions comply with formal approval processes, ratification protects democratic institutions, upholds the rule of law, and maintains public trust in both domestic and international legal frameworks.
Ratification is more than just a procedural formality; it is an important legal and democratic protection. Ratification safeguards citizens’ rights by ensuring that laws, treaties, and agreements are properly approved. This organised approval procedure verifies and legitimises actions in both domestic legislation and foreign diplomacy.
Adv. Abdul Mulla, who shares his legal views on platforms such as www.lifeandlaw.in and www.asmlegalservices.in, emphasises the importance of correct ratification for justice, transparency, and democratic integrity. Observing Ratification Day on January 14th serves as a reminder of its importance in sustaining credible and enforceable laws.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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