1994 Supreme(Bom) 150
M.L.PENDSE, P.S.PATANKAR
P. B. Samant and others – Appellant
Versus
Union of India and another – Respondent
JUDGMENT - M.L. PENDSE, J.:-By this petition filed under Article 226 of the Constitution of India, the petitioners are seeking a writ of mandamus restraining respondents from entering into final treaty relating to Dunkel Proposals without obtaining sanction of the Parliament and State Legislatures. The Dunkel Proposals emerged out of continued differences amongst foreign countries who had signed the General Agreement on Tariffs and Trade (GATT) and who met at the 8th round of Multilateral Trade Negotiations, known as Urugway Round in September, 1984. The General Agreement of Tariffs and Trade (GATT) is a treaty established in year 1947 and which contains the rules for governing international trade. India has been member of GATT from the very inception and currently, there are 117 members of GATT treaty. Two important principles of GATT are the most favoured nation and the national treatment. The former implies that the treaty members may not discriminate against the other members of the treaty in the matters of applying the provisions of the treaty. The National treatment implies that any discrimination against foreign products has to be made at the national borders and once forei
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