Article 51 of Constitution
Article 51 of the Constitution of India
1. Text of Article 51
Article 51 is part of the Directive Principles of State Policy (Part IV), which guide the government in framing laws and policies.
The Article states:
"Promotion of international peace and security. — The State shall endeavour to—
(a) promote international peace and security;
(b) maintain just and honorable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and
(d) encourage settlement of international disputes by arbitration."
2. Nature and Scope
Article 51 is a Directive Principle, meaning it is not justiciable (i.e., courts cannot enforce it directly).
It guides the State to work towards peaceful international relations.
The provision reflects India’s commitment to peaceful coexistence, international cooperation, and respect for international law.
The principles here are aspirational but have moral and political force.
It embodies the ideals of Panchsheel (Five Principles of Peaceful Coexistence), which India helped articulate in international diplomacy.
3. Significance
It directs India’s foreign policy orientation towards peace, cooperation, and justice.
Encourages India to respect international law and treaties, thus promoting India's image as a responsible global player.
Suggests that disputes between nations should be resolved through peaceful means, such as arbitration and negotiation.
Helps in shaping laws and treaties that align with these principles.
Underlines India’s commitment to international peace and security after independence and during the Cold War era.
4. Relation to Other Constitutional Provisions
Article 51 complements Article 253, which empowers Parliament to make laws for implementing international treaties.
While not legally enforceable, Directive Principles like Article 51 help interpret the State’s duty and responsibility in international affairs.
It supports India’s role in organizations such as the United Nations.
5. Implementation and Judicial Interpretation
Since Article 51 is a Directive Principle, the Supreme Court of India has often referred to it for interpretative purposes and to emphasize the importance of India's peaceful foreign relations.
Key Case Law
A. Kesavananda Bharati v. State of Kerala (1973)
While primarily about the basic structure doctrine, the Supreme Court acknowledged the importance of Directive Principles including Article 51 as guiding principles.
The Court emphasized that these principles reflect the constitutional vision for India’s domestic and international conduct.
B. Bharatiya Mazdoor Sangh v. Union of India (1992)
The Supreme Court recognized the importance of Directive Principles in shaping public policy.
Reiterated that Directive Principles including Article 51, though not enforceable, are fundamental in governance.
C. S.R. Bommai v. Union of India (1994)
In the context of federalism and secularism, the Court referred to India’s commitment under the Constitution to peace and cooperation, which echoes the spirit of Article 51.
It highlighted that India’s internal unity also impacts its external peace.
6. Practical Examples
India's non-alignment policy during the Cold War era was in sync with Article 51’s spirit.
India’s advocacy for disarmament, peaceful settlement of disputes, and respect for sovereignty in international forums reflects this article.
Participation in peacekeeping missions of the United Nations aligns with the promotion of international peace.
7. Conclusion
Article 51 embodies India’s constitutional commitment to peace, justice, and cooperation at the international level.
Though not enforceable by courts, it holds political and moral weight guiding India’s foreign policy.
It urges the State to promote peaceful relations with other nations and respect international laws and treaties.
It serves as a reminder of India’s role as a responsible member of the international community.
RELATED Blog
0 comments