Article 51 of the Constitution of India

Article 51 of the Constitution of India is a directive principle of state policy enshrined in Part IV of the Constitution of India. It reflects India's commitment to international peace and cooperation, and outlines the guiding principles for the country's foreign policy objectives.^[1]

Background

On 29 November 1948, the Constituent Assembly debated the first version of Article 51 as Article 40 of the revised Draft Constitution, 1948.^[2] Draft Article 40 read:

The State shall promote international peace and security by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among governments and by the maintenance of justice and respect for treaty obligations in the dealings of organised people with one another.

Part IV: Directive Principles of State Policy

Part IV of the Constitution of India contains the Directive Principles of State Policy. These principles are non-justiciable in nature, meaning they are not enforceable by the courts, but serve as guidelines for the government in making laws and policies. The Directive Principles aim to promote social justice, economic welfare, and the overall well-being of the citizens.^[3]

Article 51: Promotion of international peace and 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.

Purpose

Article 51 of the Constitution of India, found within Part IV, emphasizes the importance of international peace and cooperation. It states that the State shall strive to foster respect for international law and treaty obligations in the conduct of its affairs. Indirectly, this encourages the promotion of the principles of the United Nations Charter also.^[4]

The principles outlined in Article 51 have significant implications for India's foreign policy.^[5] It emphasizes the State's commitment to adhere to international law, respect treaties and agreements, and this encourages India to uphold the principles enshrined in the United Nations Charter. It also includes the peaceful settlement of disputes, non-interference in the internal affairs of other nations, and the promotion of human rights.^[4]

Article 51 further emphasizes the renunciation of war as an instrument of national policy and encourages the State to work towards the maintenance of peaceful relations with other countries. It urges India to cooperate with other nations in matters of mutual interest, such as economic development, social progress, and the advancement of human knowledge.^[4]

Proposed Amendments

In year 1978, Constitution (Amendment) Bill was set in motion in the parliament by Shri Hari Vishnu Kamath, aiming to amend the Article 51 by incorporating a new sub-clause:

(e) collaborate with other nations for the early formation of a World Constituent Assembly to draft the Constitution for a world federal Government.

He argued that this amendment would bestow a genuine meaning upon Article 51, allowing India to take a leading role in the establishment of a World Government.^[6]

Criticism

While Article 51 reflects India's commitment to international peace and cooperation, India has faced criticism for its marginal engagement with international law.^[7][8][9]

Notes

1. "The Constitution of India – in English" (PDF). Constitution of India | Legislative Department | India. p. 55. Retrieved 2023-07-07.
2. "Article 51: Promotion of international peace and security". Constitution of India. Retrieved 2023-07-07.
3. "The Constitution of India – in English" (PDF). Constitution of India | Legislative Department | India. p. 52. Retrieved 2023-07-07.
4. admin (2022-05-29). "Article 51 and 253: Government of India's Obligation - Hind Law". Retrieved 2023-07-07.
5. "PART IV - DIRECTIVE PRINCIPLES OF STATE POLICY" (PDF). Ministry of External Affairs, Government of India. Retrieved 2023-07-07.
6. "Constitution (Amendment) Bill (Amendment of article 51)". Lok Sabha Debates (PDF). Vol. XIII. New Delhi: Lok Sabha Secretariat. 1978-04-07. pp. 393–408.
7. "India has lost its way in the use of international law". The Hindu. 2022-09-12. ISSN 0971-751X. Retrieved 2023-07-07.
8. Raj, Aditya (2023-01-04). "Incorporating international law in India's foreign policy". Observer Research Foundation | ORF. Retrieved 2023-07-07.
9. "Karuna Nundy: India Has a Strong Constitution, but Its Democracy Is Weakening". Council on Foreign Relations. Retrieved 2023-07-07.

References

• Singh, Mahendra Pal (2015). V. N. Shukla's Constitution of India (13th ed.). Eastern Book Company. ISBN 978-9388822213.