Article 51 of Indian Constitution: Promotion of International Peace & Security

Article 51 of Indian Constitution highlights the obligations of the State in the realm of international affairs. It mandates the State to work towards promotion of global peace and security, uphold fair and just relations with other countries and support the resolution of international conflicts through arbitration. Additionally, it calls for encouraging respect for international law and adherence to treaty commitments. Explore other important Constitutional Articles.

Article 51 of Indian Constitution: Promotion of International Peace & Security

The State shall endeavour to-- 

(a) promote international peace and security; 

(b) maintain just and honourable relations between nations; 

(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and 

(d) encourage settlement of international disputes by arbitration.

Note: “The information on Article 51 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 51 of Indian Constitution is one of the Directive Principles of State Policy based on Liberal-Intellectual principles. It states that the State shall endeavour to-

• promote international peace and security
• maintain just and honourable relations between nations
• foster respect for international law and treaty obligations
• encourage settlement of international disputes by arbitration

Article 51 of the Indian Constitution highlights the duty of the State to foster respect for international law and treaty obligations. However, it is important to note that international law does not have supremacy over municipal law under the Indian Constitution.

• In the absence of conflicting legislation: The municipal courts of India will respect the rules of international law. 
• When interpreting statutes: Indian courts will do so in a manner that does not contravene established principles of international law. It is a settled principle that statutes should be interpreted in light of relevant international treaties and conventions.

Article 51 of Indian Constitution: Origin

The roots of Article 51 of Indian Constitution lie in Draft Article 40, which highlighted the responsibility of the State to follow certain principles in its interactions with the international community, namely, promoting peace, security and respect for international law. Members of the Constituent Assembly considered the essential role of international law in promoting harmonious relations among nations. Draft Article 40 stated that the State should work towards: 

• Promoting global peace and security
• Ensuring open, fair and honorable relations between countries
• Establishing international law as the standard guiding intergovernmental conduct
• Upholding justice and treaty obligations in the interactions between organized peoples.

Article 51 of Indian Constitution falls under the Directive Principles of State Policy Part IV which as stated in Article 37 of the Constitution, are not legally enforceable by the judiciary. Instead, these principles are intended to guide the actions of the legislature, executive and other authorities in enacting laws and shaping public policy for the welfare of the people.

Even though it is not justiciable, Article 51 of Constitution holds importance in governance. It plays an influential role in shaping domestic legislation of India, foreign policy and international treaty commitments.

Moral Guidance Over Legal Mandate

Article 51 of Indian Constitution acts as a source of ethical and political direction rather than imposing a legal obligation. The courts cannot mandate the government to implement its provisions there remains a strong constitutional expectation that these principles will be respected in both internal governance and international affairs.

Role in Policy and Governance

Despite lacking legal enforceability, Article 51 of Indian Constitution is an important element of the constitutional vision of the nation. It provides a structure for developing foreign relations and international cooperation underlining the ideals of global peace, justice and mutual respect.

Article 51 of Indian Constitution: Key Provisions

Article 51 of Indian Constitution outlines multiple important principles that the Indian State is expected to follow in its conduct with the international community. The provisions acts as a moral and political guide for promoting peace, justice and cooperation on a global scale.

Promotion of International Peace and Security

India demonstrates its commitment to global peace and security through active involvement in international institutions. As one of the founding members of the United Nations, India has consistently supported initiatives aimed at fostering international cooperation and harmony.

• Active Role in the United Nations: Since joining the UN in 1945, India has remained deeply engaged in promoting peace. It has taken part in numerous UN peacekeeping missions. It has demonstrated its aim to preserve international stability and order
• Peacekeeping Contributions: India ranks among the top contributors to UN peacekeeping forces. The commitment reflects the principles mentioned in Article 51 of Indian Constitution as the nation continues to dedicate its manpower to international peace efforts.

Maintaining Just and Honourable Relations Between Nations

The foreign relations of India are guided by principle of fairness and mutual respect irrespective of differing political ideologies. This approach was evident during the Cold War through its policy of non-alignment.

• Leadership in the Non-Aligned Movement (NAM): The prominent role of India in NAM during the Cold War highlighted its dedication to balanced and peaceful relations with both Western and Eastern blocs. The movement stood for non-intervention, equality and peaceful coexistence among nations.

Fostering Respect for International Law and Treaties

Article 51 of Indian Constitution urges State to respect international law and fulfill treaty obligations. Though international agreements do not automatically become part of Indian law, the country actively engages in ratifying and implementing global conventions.

• Participation in International Agreements: India has signed numerous global treaties on issues such as human rights, environmental sustainability and trade. Its involvement in agreements like Kyoto Protocol and Paris Agreement shows strong dedication to international legal standards.
• Judicial Support for International Law: Indian courts have frequently referred to international treaties to support domestic rulings, especially in cases related to human rights and environmental law. This judicial practice reinforces alignment of India with global legal principles.

Encouraging the Settlement of International Disputes by Arbitration

Article 51 of Indian Constitution supports for the peaceful resolution of international conflicts through arbitration. India has upheld this principle through legislative reforms aimed at facilitating efficient dispute resolution mechanisms.

• Arbitration and Conciliation Act 1996: It was enacted to align with international norms, this legislation supports both domestic and international arbitration. It reflects aim of the country to resolve disputes amicably, reduce the burden on courts and uphold the ideals of justice and fairness in global interactions.

Article 51 of Indian Constitution: Significance

Article 51 of Indian Constitution shows commitment of nation to foster global harmony and justice. It aligns the foreign policy of country with the principles of international cooperation, respect for legal norms and peaceful conflict resolution, reinforcing India’s role as a responsible member of the international community.

Article 51 of Indian Constitution: Case Laws

The judiciary has on several occasions interpreted and applied Article 51 of Indian Constitution to align domestic laws with international legal standards. The following Landmark Judgements related to Article 51 of Constitution- 

Chairman Railway Board vs Chandrima Das

In Chairman Railway Board vs Chandrima Das, the Supreme Court acknowledged that the Fundamental Rights enshrined in the Constitution resonate closely with the rights outlined in the Universal Declaration of Human Rights (UDHR) and other international agreements that India has ratified.

People's Union for Civil Liberties v. Union of India

In People's Union for Civil Liberties v. Union of India the Supreme Court observed that the scope of international law has significantly expanded beyond merely governing inter-state relations. Contemporary international law now encompasses a wide range of issues concerning global welfare, including matters related to health, education, economic development and importantly, human rights.

Addl. District Magistrate, Jabalpur v. Shivakant Shukla, Justice Khanna

On the other hand, in Addl. District Magistrate, Jabalpur v. Shivakant Shukla, Justice Khanna remarked that when there is a conflict between domestic (municipal) law and international law or treaty obligations, Indian courts are bound to uphold and apply the municipal law. This indicates the precedence of national legislation over international commitments in situations of conflict.

MK Ranjitsinh v. Union of India

In this landmark judgment, the Supreme Court acknowledged protection from the adverse effects of climate change as part of the fundamental rights of citizens. The Court drew upon India’s international obligations, especially those under the Paris Agreement, underscoring the relevance of Article 51 of Indian Constitution in aligning domestic rights with global environmental commitments.

Vishakha v. State of Rajasthan

The Supreme Court in Vishakha Case laid down pivotal guidelines to address sexual harassment in the workplace, drawing inspiration from international conventions. This ruling exemplified how Article 51 of the Indian Constitution can serve as a tool for the judiciary to incorporate international norms into domestic jurisprudence, thereby promoting gender justice.

Conclusion

Article 51 of Indian Constitution plays an important role in promotion of international peace and security by obligating the State to respect international law and treaty obligations. Judicial interpretations have clarified its application and highlighted its importance.