Article 51 of the Constitution of India
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Through Directive Principles in India, Constitution of India and Social justice
Background
On 29 November 1948, the Constituent Assembly debated the first version of Article 51 as Article 40 of the revised Draft Constitution, 1948. 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.
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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.
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.
The principles outlined in Article 51 have significant implications for India's foreign policy. 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.
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.
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.
Criticism
While Article 51 reflects India's commitment to international peace and cooperation, India has faced criticism for its marginal engagement with international law.