Today, with globalization and with the increasing communication between international and domestic laws, lawyers around the world study foreign judicial practice and use it when resolving domestic legal disputes. [1]
India frequently relies upon foreign judgments in the interpretation of its laws. The influence of foreign laws on domestic jurisprudence is in different ways. It is used from domestic innovations to the enhancement of discussions on national matters.[2] Every country interprets foreign court rulings depending on the principles of the constitution accepted by their country or one of its constituent components[3]. Reliance on foreign precedents is very important and essential in certain categories of appellate litigation and adjudication. For example, in litigation pertaining to cross-border business and family-related disputes, the actual location of the parties in different jurisdictions makes it necessary to discuss and cite foreign decisions and laws. [4] It is also important that the court also look into the text and interpretations of international instruments such as conventions, treaties, and declarations. But this is only if their respective countries are parties to the same.[5]

THREE DIFFERENT WAYS THROUGH WHICH FOREIGN PRECEDENTS ARE CONSIDERED [6]

Anne-Marie Slaughter in her book entitled “The Typology of Trans judicial Communication” describes that there are three different ways by which foreign precedents are considered.
1. Vertical Means: When international adjudicatory decisions are referred by domestic courts, irrespective of whether their countries are parties to the international instrument under which the said adjudicatory institution functions. For example, there have been many instances where several non-European Union countries have cited decisions of the European Court of Justice and European Court of Human Rights.
2. Horizontal Means: When domestic courts interpret its own laws by referring to decisions from other national jurisdictions. Such comparative analyses have been found especially useful in newer constitutional systems where a substantial number of case laws have not been found. For example, in Canada, many foreign precedents have been cited by the courts to interpret the bill of rights in their respective legal systems.
3. Mixed Vertical- Horizontal Means: A domestic court may cite the decision of a foreign court on the interpretation of obligations applicable to both jurisdictions under an international instrument. For example, several European countries refer and cite each other’s decisions.

IMPACT OF FOREIGN LAWS ON INDIAN JUDGMENTS
British and American law has a very strong influence on the legislation of India. Judges often rely on foreign judgments though these judgments are not authoritative and only persuasive in nature. Many silent features of the Indian Constitution have been borrowed from other countries. Features like “Rule of law, single citizenship etc. have been taken from Britain. Features like the impeachment of the president, fundamental rights etc. have been taken from the USA. So it is obvious and imperative that since we have borrowed our constitutional principles from other countries the higher judiciary should follow the foreign court’s precedents as well so that it can help in clarifying the parameters of the statutes applied. [7]
There have been many cases where the court has relied on foreign precedents. In the case of Naz Foundation v. NCT of Delhi, the Delhi High Court had relied on many U.S decisions including Griswold vs. State of Connecticut. [8]In the case of Bachan Singh vs. Union of India the court had relied on U.S cases such as Furman vs. Georgia, Proffit vs. Florida and Arnold vs. Georgia. [9]In the case of Bennett and Coleman vs. Union of India, the Supreme Court had relied on the U.S Supreme Court‘s decision of Kovacs vs. Cooper. [10]

IS THE SUPREME COURT CONFUSED IN APPLYING INTERNATIONAL LAW?
For the Supreme Court, complete clarity on the nature of international law and its relationship with domestic laws is still a very big problem. Today international law regulates many things such as environment, human rights etc. Therefore it is imperative that a clear understanding of international law is also very important. In some countries, international law automatically becomes the law of the land. However, in India, an international law does not become the law of the land unless the parliament enacts an appropriate domestic law which gives effect to the international law. This is in accordance with Article 253 of the Constitution and has been applied in many cases such as Jolly George vs. Bank of Cochin, State of West Bengal vs. Kesoram Industries. But in various cases, this principle has not been applied and international law has been given more importance. Cases like Vishaka vs. State of Rajasthan, National Legal Services Authority vs. Union of India have given more prominence to international laws than domestic laws. Article 51( c ) directs the state to endeavor to respect for international law and treaty obligations but the question remains whether does this mean the state should only respect treaties and agreements it is party to or any treaty and obligation. The Supreme Court has to properly clarify the relationship of international laws with domestic laws. [11]

IMPACT OF FOREIGN LAWS IN OTHER COUNTRIES
Foreign laws also have a deep impact on other countries domestic judgments. In Argentina to support a court’s interpretation of a domestic law, especially in cases regarding commercial, civil and constitutional matters a foreign law or decision is sometimes used. In China, the legal system is based upon the civil law model which means the primary source of law is statutory rather than case law. Foreign judgments are rarely cited but there are instances when they are cited. In England and Wales, foreign cases are commonly referred and cited. In lower courts, certain criteria need to be met before foreign judgments can be used. Thus the use of foreign judgments is regulated in foreign courts. In Germany, while interpreting the German constitutional law, the Federal Constitutional Court occasionally uses foreign law. References to foreign laws in recent years have become more methodical and comprehensive. [12]
In Brazil the legal system is civil. The use of foreign law is not binding. Foreign laws may be used by courts to draw conclusions and comparisons. In Mexico, foreign law can be applied according to the Mexico Federal Civil Code. New Zealand courts have a strong tradition of citing and referring to foreign decisions. Historically this was due to the application of the English common law and statues. [13]

CONCLUSION
Referring and citing for foreign laws in domestic judgments needs to be exercised with caution. The structural similarities need to be carefully examined before applying the decision of a foreign court to a domestic question. With the improvement in technology and the internet, foreign legal materials can be easily accessed. However, in many cases it has been held that prime importance must be given to the language of the relevant Indian statue and circumstance. Each foreign decision should be applied keeping in mind the Indian conditions. [14]

[1] Krishan S. Nehra, ‘The Impact of Foreign Law on Domestic Judgments: India’, Library of Congress (2015), available at https://www.loc.gov/law/help/domestic-judgment/india.php (last visited on Dec 18th, 2018).
[2] Peter Roudik, ‘The Impact of Foreign Law on Domestic Judgments’, Library of Congress (2010), available at https://www.loc.gov/law/help/domestic-judgment/comparative.php
[3] Ibid.
[4] Justice K.G. Balakrishnan, ‘The Role of Foreign Precedents in a Country’s Legal System’, National Law School of India Review, Vo. 22, No. 1, (2010).
[5] Ibid.
[6] Impact of Foreign Law on Domestic Judgments, India Law Offices, available at http://www.indialawoffices.com/legal-articles/Impact-of-Foreign-Law-on-Domestic-Judgments (last visited on Dec 18th, 2018).
[7] Naz Foundation vs. NCT of Delhi, 160 Delhi Law Times 277.
[8] Bachan Singh vs. Union of India, 1982 3 SCC 24.
[9] Bennett and Coleman vs. Union of India, 1973 AIR 106.
[10] Prabhash Ranjan, Anmolan and Farheen Ahmad, ‘Is the Supreme Court Confused About the Application of International Law? ‘, The Wire (2016), available at https://thewire.in/law/supreme-court-international-law (last visited on December 18th, 2018).
[11] Supra note 2.
[12] Ibid.
[13] Supra note 6.