## Use of Foreign Decisions

### Rule

Foreign decisions can be used to construe Indian Acts only if they come from a country which:

### Priority Ranking

The language of the Indian statute is always paramount.
Where Indian decisions are available to guide interpretation, foreign decisions are not required at all.
Foreign decisions become useful only when Indian authority is lacking and the legal systems are comparable.

Worked example

### Example 1

England vs USA:

India and England follow a broadly similar (common law) legal system, so English judgements can legitimately be cited and used to interpret Indian law where comparable.
Using American judgements would be incorrect because the United States follows a different legal system; reliance on them would be misplaced.

⚠️ Common exam mistakes

Citing foreign decisions when binding or persuasive Indian decisions already cover the point.
Drawing on decisions from legal systems different from India's (e.g., purely American precedents) as if they were directly applicable.
Treating foreign decisions as having greater weight than the actual language of the Indian statute.

Reference:

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External Aid: Use of Foreign Decisions

Worked example