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22. Around the time of Independence, the Indian Independence (International Arrangements) Order, 1947 (for short ‘the Order’) was notified by the Secretariat of the Governor-General (Reforms) on 14th August, 1947 in exercise of powers conferred by Section 9 of the Indian Independence Act, 1947. The Order has the effect of an agreement duly made between the Dominion of India and the Dominion of Pakistan and came into effect from 15th August, 1947.[1] The Order provides, inter alia, that the rights and obligations under all international agreements to which India is a party immediately before the appointed day will devolve upon both the Dominion of India and the Dominion of Pakistan and will, if necessary, be apportioned between the two Dominions. The effect of this is that the Extradition Treaty entered into by the United Kingdom of Great Britain and Ireland and the Republic of Chile continued in force as far as India is concerned.

“To sum up, the position in international sphere consequent upon the setting up of the two new Dominions will be as follows:-
All international obligations assumed by pre-existing India will devolve on the Dominion of India and that Dominion will be entitled to the rights associated with such obligations. (In this category will fall India’s membership of the United Nations.) All international obligations assumed by the pre-existing India which have exclusive territorial application to any area comprised in Pakistan will devolve on the Dominion of Pakistan with all the rights associated with such obligations.

(2) The Dominion of Pakistan will take such steps as may be necessary to apply for membership of such international organizations as it chooses to join.

(1) Rights and obligations under international agreements having an exclusive territorial application to an area comprised in the Dominion of India will devolve upon that Dominion.

(2) Rights and obligations under international agreements having an exclusive territorial application to an area comprised in the Dominion of Pakistan will devolve upon that Dominion.

Subject to Articles 2 and 3 of this agreement, rights and obligations under all international agreements to which India is a party immediately before the appointed day will devolve both upon the Dominion of India and upon the Dominion of Pakistan, and will, if necessary, be apportioned between the two Dominions.”

89. It is quite clear from the above, that all international agreements to which India (or British India) was a party would devolve upon the Dominion of India and the Dominion of Pakistan and if necessary the obligations and privileges should be apportioned between them. There is no limitation in the above Order that it is only with regard to the 627 treaties mentioned by the Expert Committee No. IX on Foreign Relations – the reference is to “all international agreements”. Quite clearly, the extradition treaty between the United Kingdom of Great Britain and Ireland and Chile was a part of all the treaties entered into (by India or British India) and in terms of the above Order the rights and obligations in that treaty devolved upon the Dominion of India and the Dominion of Pakistan.