SC rejects Prashant Bhushan’s PIL against ban on Israel; Asks whether India should stop oil imports from Russia due to Ukraine war

The Supreme Court of India on Monday dismissed a Public Interest Litigation (PIL) seeking to halt the export of arms and military equipment to Israel. The court ruled that it cannot intervene in the nation’s foreign policy decisions. The bench, led by Chief Justice D Y Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, emphasized that such matters fall outside the court's purview.

Focus on Contractual Obligations

The PIL was filed by Ashok Kumar Sharma and others through lawyer Prashant Bhushan. It aimed to stop the Centre from issuing or renewing licenses for Indian firms exporting military supplies to Israel. The PIL, supported by notable figures like Jean Dreze and Harsh Mander, highlighted that three Indian companies, including Adani-Elbit Advanced Systems India Ltd and Adani-Israel Ltd, hold licenses for exporting arms to Israel amid the ongoing conflict in Gaza. The petitioners argued that India, as a signatory to the Genocide Convention, is obligated to prevent aiding Israel’s actions against Palestinians. However, the court stated that if any Indian firms breach their contractual obligations, they could face legal consequences, but this does not justify halting exports.

Impact of the Decision

Chief Justice Chandrachud remarked, "We cannot enter into the nation's foreign policy domain. Can we direct that under the UN's genocide convention you ban the export to Israel...why this restraint. This is because it impacts the foreign policy and we do not know what the impact will be."


"There is a war between Russia and Ukraine. Russia supplies oil to India. Can we direct that India should not import oil from Russia"

Government's Stance

Solicitor General Tushar Mehta described the petitioners' demands as unreasonable, asserting that policy decisions related to foreign affairs and international relationships are exclusively the responsibility of the Union government. The court also questioned whether it should, based on similar reasoning, direct the government to cancel licenses for importing oil from Russia, which is involved in a conflict with Ukraine.

The conflict in Gaza has escalated, leading to significant casualties. On October 7, 2023, Hamas gunmen carried out an unprecedented attack, killing approximately 1,200 people in Israel. This violence has intensified the international debate on arms exports and foreign policy.