As a general rule, the Speaker presents a contract to the Senate Foreign Relations Committee (SFRC) with an accompanying ratification or accession decision. If the treaty and resolution are taken into consideration positively (a committee votes in favour of ratification or accession), the treaty will then be sent to the entire Senate for such a vote. The treaty or legislation will not apply until it is ratified. A multilateral agreement may provide that it will enter into force after ratification by less than all signatories. [5] Even if such a treaty enters into force, it does not apply to signatories who have not ratified it. Membership has the same legal effect as ratification for treaties already negotiated and signed by other states. [6] An example of a treaty on which the Senate did not debate and approve ratification is the Treaty of Versailler, which was not supported because of the League of Nations. Negotiations that precede a treaty are led by delegations representing each of the states concerned that meet at a conference or in another framework. Together, they agree on the conditions that will bind the signatory countries. Once they have reached an agreement, the contract is signed, usually by the relevant ministers. By signing a contract, a state expresses its intention to respect the treaty. However, this expression of intent is not binding in itself. The President makes a treaty in the exercise of his executive power, on the assistance and advice of the Council of Ministers, under the leadership of the Prime Minister, and no court in India can question its validity.
However, no agreement or contract concluded by the President is applicable by the courts, which is inconsistent with The Constitution or National Law of India, since India follows the dualistic theory of the implementation of international laws. Article 102 of the Charter of the United Nations states that “any international treaty and agreement reached by a member of the Organization after this Charter enters into force will be registered and made public by the Secretariat as soon as possible.” Contracts or arrangements that are not registered cannot be invoked before a United Nations body. Registration promotes transparency and the availability of contractual texts for the public. Section 102 of the Charter and its predecessor, Section 18 of the Peoples` Covenant, originated in one of Woodrow Wilson`s fourteen points, in which he described his idea of the League of Nations: “Open, openly concluded alliances that there will be no private international agreements of any kind, but diplomacy will always be open and public.” States may declare their consent to the requirement of a “letter/note exchange.” The fundamental feature of this procedure is that the signatures do not appear on a letter or note, but on two separate letters or notes.