Home Arbitration Arbitration and Conciliation Act Article 51 of the Indian Constitution

Article 51 of the Indian Constitution

February 10, 2025

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In this article, the author Nishka Kamath has made an attempt to shed light on all the major pointers one should know on Article 51 of the Indian Constitution. This includes the main purpose behind enacting this, its significance, and its role as a DPSP. It also discusses how Article 51 lays emphasis on promoting international peace and security, fostering friendly relations among nations, and upholding international law, foreign policies and international treaties.

This article has been published by Shashwat Kaushik.

Table of Contents

Introduction

Have you ever wondered how countries resolve disputes without actually going for or declaring war? Did you know that the Constitution of India has a provision that encourages India to promote global peace? You may wonder how. Well, in India we have Article 51 enshrined under the Indian Constitution that puts forth a provision as to how India can maintain peace and fairness between nations (here we include nations worldwide, i.e., on a global scale).

To be very precise, the explanation of Article 51 boils down to how our nation is committed to maintaining and carrying on operations in protecting long term peace with not only other nations but also on different global platforms which represents the interests of various communities as well.

The main aim that Article 51 advocates for are the aim to have a healthy and fair relationship, not only with the neighbouring countries but also with the international community as a whole. Including Article 51 in the Indian Constitution clearly sends a global message that when it comes to values of integrity and justice in the area of foreign relations,

India has always advocated for peace of all communities- be it local or beyond borders. The scope of Article 51 is not limited to the line of harmonious relationships between countries, it also includes the way and methods through which disputes between countries or groups of countries can be resolved.

A legal and technical term here for the dispute solving methods that Article 51 talks about is arbitration. The provisions of the Article not only show us a way to handle matters of international importance in a peaceful manner but also underline the value arbitration holds in today’s world.

Please note: As we are going to discuss in a little bit of detail how Article 51 works in the practical realm, a short mention of two facets of our Indian Constitution is necessary. The two facets are directive principles of state policy (which is also known as DPSP) and fundamental duties.

However, as far as DPSPs are concerned they are intertwined with Article 51, and hence, the study of Article 51 is indeed an insight into some of the prospects of DPSPs. As we have mentioned fundamental duties are also an important facet of the Constitution and Article 51A is the governing Section as far as fundamental duties are in focus, it is important to keep in mind that both the articles i.e., Article 51 and Article 51A are different and talk about two completely different things. In this article, our focus of study would be Article 51 only which is indeed one of the provisions of DPSPs itself.

All you need to know about Article 51 of the Indian Constitution

Article 51 of the Constitution of India talks about the promotion of international peace and security. It is a directive principle of state policy. It is laid down in Part IV of the Constitution of India. It sheds light on our Nation’s commitment and pledge to international peace and cooperation. It also provides a general description showing essential features (without great details) of the guiding principles for the objectives related to the foreign policy of our nation.

Key provisions of Article 51 of the Indian Constitution

Article 51 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 in the dealings of organised peoples with one another; and
encourage settlement of international disputes by arbitration”.

Interlink between Article 51 and Article 37 of the Indian Constitution

Article 51 of the Constitution talks about one of the directive principles which is extremely necessary in the matter of peace not only national but also international. Under Article 51, it is clearly mentioned that promoting and having an international relationship is not only fair but also is the duty of our state- India.

Then, international peace is something India has always upheld either through its policies or through its views on various matters of diplomacy. Harmony in the form of peaceful communications, maintaining a relationship that the world could idealise, paying respect as well as honour either in the form of help or support are some of the qualities for which India’s diplomacy is well known.

However, Article 51 must be read with Article 37. Under Article 37 it is stated that the provisions contained in Part IV of the Constitution are not binding in any court of law. However, as per this Article, these provisions are provided because it becomes the duty of the state to make sure that such principles are applied while enacting laws. Thus, while Article 51 outlines principles, Article 37 clarifies that these principles are not enforceable by courts per se. Simply put, it serves as essential guidelines for the state in shaping its laws and policies.

Need for Article 51 of the Indian Constitution

We all know when a problem arises worldwide, the solution one reaches has to be worldwide as well. We can say this for matters of international peace and security. The provisions of this Article are simple and effective. Peaceful dialogue and communication in each and every matter of international as well as national importance has always served the purpose.

However, difficult issues are not decreasing in numbers rather they are increasing. There are an ample number of issues and problems that India faces and finds it difficult to resolve single handedly. When matters of international significance arise, a single country cannot do much about it. These issues and problems can only be resolved in a unanimous manner. Having nations cooperate becomes important as well. Having said that, a single country cannot make all the decisions, especially when it comes to global issues. So it is important that the decisions should be made mutually.

If we take the example of terrorism it would rightly explain to us the need for a global law that encourages peace and harmony and it cannot be solved by one country alone. As far as terrorism is concerned it is indeed an international issue because a lot of countries are suffering from the consequence and threat of terrorism. The realistic and beyond imagination damage terrorism causes is always catastrophic for both the economy and life.

People who belong to those countries which are affected by terrorism suffer a lot on a daily basis. Even living a life of peace becomes a struggle. Terrorist activities drain out the financial resources of a country which is the major cause of suffering for common citizens. Such issues can only be resolved when countries cooperate globally.

As far as the threat of terrorism is concerned, it cannot be resolved by any single country. These types of issues can only be catered to through global level cooperation. A cumulative approach in which countries join hands with each other to form international law and adhere to those laws is surely a way forward. Hence, it is an unsaid solution that could tackle the issue of terrorism. Mutual cooperation between countries at a global level is necessary.

Then, the need for mutual cooperation and supporting each other as a part of the global family is necessary to resolve issues like terrorism. Different terrorist organisations be it Al-Qayeda or ISIS have found their way to ditch national control by smuggling weapons across the borders of countries. If one of the governments restricts its operations, it quickly moves to a different territory and operates from there.

They always find ways to smuggle their hazardous defence weapons. Due to a lack of proper mutually planned actions by governments, terrorists successfully perform all the planned operations.

To address such an issue at the global level we cannot simply sit hand in hand and hope that a single victim country would be able to tackle terrorism on its own. Hence, it is necessary that nations come forward in a collective form and take action in an integrated manner. International bodies like the United Nations and Financial Action Task Force (FATF) are some head organisations that actively run operations to contain the terrorism issue.

Then, there are other issues like numerous countries, one of them being Russia which are linked to the creation and stocking of lethal chemicals and dangerous weapons. However, no country has the requisite knowledge or funding to destroy these weapons of mass destruction. As per some learned experts, it will take nearly 20 times more money and technology than used in manufacturing such weapons to solely destroy a bomb. This is quite a serious issue that must be addressed with proper precaution.

Considering all this, India must act as a responsible global leader with its major goal of promoting international peace and security to every extent possible, this is where Article 51 comes into play.

Purpose of Article 51 of the Indian Constitution

Why Article 51 is necessary is a question each mind should ponder. Asking questions on matters of national importance is the first step one could take to gather a little knowledge on issues like international peace. Even people involved in legal studies don’t often research issues like global peace and its functioning. Article 51 is something that is not talked about often in news channels. One may find some writings in prominent newspapers on Article 51 but again the majority of the people in general do not find enough time to read newspapers daily.

Article 51, despite being a part of DPSPs, has importance not only in matters like maintaining healthy relationships among nations but also in harmonious trade transactions. Article 51 gives clear directions and importance to international peace and mutual cooperation. India’s objective of its foreign policies is largely shaped by Article 51 than any other laws in existence.

Providing shoulder to shoulder cooperation to those nations who are working for a good cause is indeed a reflection of the values India holds. India has always remained rational and unbiased when it comes to following international laws. If an agreement or a treaty is made with mutual cooperation and for a noble cause then be sure India will adhere to it. All these values that India holds are shaped by the instructions mentioned in Article 51.

When one does a deep analysis of Article 51 of our Constitution, one must agree to the fact that the directions and ideas of Article 51 are in complete harmony with the set of rules that the United Nations Charter includes. That being said, we all know India is not a country that promotes wars. India knows very well how much loss a country and its citizens suffer when it gets involved in wars.

Wars are daunting and they drain the financial assets of the nations, disrupt peace and harmony, and also threaten the lives of millions of people. History itself is witness to the fact that war causes losses that cannot be recovered through money and financial assistance. Loss of people and lives cannot be compensated in terms of money only.

Article 51 of our Constitution advocates for peaceful processes through which disputes can be settled. Then, Article 51 rightly says that India will not interfere in the internal issues and matters of other nations. It is a different issue if any other nation wants India to break a peace deal for the dispute, but as far as the values of Article 51 are concerned, India will not interfere in the internal matters of others.

Article 51 gives prominent emphasis on dialogues and talk when it comes to settling a dispute. A dispute whether it is with neighbouring nations or nations of other continents, should be resolved through dialogues only. War and the use of force would be the last resort to solve any problem.

As we have discussed, Article 51 lays emphasis on resolving matters through dialogues, the same can be seen in policy formulation by the foreign ministry. Harmony and peace being the underlying essence of Article 51, it also lays the ground for the development of an international framework in which nations support other nations for mutual growth. Two things need to be emphasised here which are-

Matters in which mutual benefits are included such as economic development, growth of international trade and commerce, and progress of all communities on a social scale as a whole.
The development and progress of knowledge be it in the sphere of technology, medical science, defence and all those sectors which are significant for any nation.

The above two pointers are such grounds on which Article 51 promotes cooperation and supporting each other at a global level.

Background of Article 51 of the Indian Constitution

Describing our long standing advocacy for peace and global security without talking about the example of the Cold War era (1945-1991) will be insufficient. See, that’s how we can understand a country’s approach towards global issues and security! One has to dig into some past decisions made on crucial issues by a nation so that one can understand the ideology that the nation reflects. During the period of the Cold War when the whole global community was divided into two poles, the USSR and USA, India chose to remain non-aligned.

That event for the first time gave birth to a worldwide movement famously known as the Non-Alignment Movement. The decision to remain non-aligned and not to take sides was the foundation stone India has put on which many third world countries built their nation. India chose to remain out of the East and West divide of the USSR and USA. Our nation clearly advocated an ideology that India will not get involved in such a divide and rule and will choose its strategic independence every time.

For India, it is very clear that it will not involve itself in any kind of war until and unless its peace, security and integrity are at stake. However, in every circumstance war has always been the last resort for India.

The commitment towards peace, harmony and security of all are some deeply rooted features of our nation. These values are not developed in a single night, rather they are born out of hundreds of years of freedom struggle that India has witnessed. In India, one can even ask a child studying in 3rd or 4th standard about the ideology on which our nation gained independence. These kids will surely answer with two words i.e., non-violence and peaceful resistance. These are the ideologies of the great soul of Mahatma Gandhi who was the principal craftsman of India’s Independence.

There is no doubt that the ideology of non-violence and peace has shaped the nature of policies that India reflects in its foreign affairs. These values can easily be found in the deep essence of Article 51. This is the sole reason why India stands for global peace and harmony.

The more interesting fact and a cause of pride for India is that it is the only country in the whole world that has a provision in its Constitution to maintain international peace and order. Article 51 not only directs to maintain peace with other nations but also to respect the decisions of other countries in their internal matters.

Did you know? India played a significant role in the development of new and modern international law. These laws were developed after witnessing a lot of chaos in the global international order. Wars between nations and nations gathering the support of other nations to carry on the ongoing war led to the development of a peaceful international order.

India was a strong supporter of the codification of the UN Charter framework at that time. Not only did India support the framework of the Charter, but it also played a major role in supporting those countries that went through the tiresome process of decolonisation. India’s first Prime Minister Pt. Jawaharlal Nehru, who is often regarded as a pioneer of India’s foreign diplomacy, laid the foundation for the Indian Society of International Law (ISIL) in 1959.

There were some eminent scholars and practitioners like Justice R.S. Pathak (Indian Judge at ICJ, also known as International Court of Justice), Sir Philip C. Jessup, Lord McNair, Nagendra Singh (he was the first Indian who was chosen to take the position and serve as the president of ICJ), Professor Upendra Baxi, who were members of this institution.

The main motive behind developing such an institution was to carry out proper-advanced research on international law, identify the key issues that affected India when it came to international laws, and create a strong public opinion on global issues to reach an inference with the help of international legal mechanisms. All of this was inspired by Article 51 of the Constitution.

History of Article 51 of the Indian Constitution

When the Constitution of India was being framed, there was a major debate on the prospective role to be played by India in promoting international peace, developing respect for international law, and maintaining international relations. The members of the Constituent Assembly wanted to insert and ingrain various facets of Gandhian ideology, as well as the philosophy of non-violence. This was not only in the realm of domestic regulations but in foreign policy also.

If we look at the history of India, it has always followed the principles of harmony and peace. Aggression is not something India advocates for in any form or manner. Even for resolving internal matters, India has always relied on peaceful talks and discussions. India has always followed the ideology of peace because it sends a global message of harmony and peace to other nations as well. India has always stood up and taken action to maintain a peace order.

Our old Constitutional archives contain a draft named Draft 40 which is the root cause behind the formation of Article 51. Draft 40 contains such principles and guidelines which talk about peace and international harmony. We can say that Draft 40 served as a light that says that a State should practice a culture of harmony while dealing with matters at the international level.

Philosophies of peace and global harmony should always be kept in mind when dealing with matters with other nations. Further, a state should always try to keep mutual respect with other states and be mindful that actions of self interest don’t harm others.

Members of the constitutional assembly agreed that international law is equally important as domestic law and order. International law plays a major role in shaping global order and happenings. Whether global peace will prevail or not is directly dependent on the fact that what kind of international laws are operating. Further, it is also an equally important factor to note whether other nations are following international law or not. Members of the constitutional assembly believed that nations should cooperate and make harmony with each other even if there are several disagreements among them. This will encourage a culture of peace in political order.

Furthermore, the Draft of Article 40 states the following- “The State should-:

The state should always try to promote peace and security in every possible matter. Further, emphasis should always be given to international harmony.
The state should always try to have honourable relations with other nations. Relationships based on justice and harmony are something that the state should advocate for.
Further, the State should always try to establish a deep understanding of international law. A deep understanding of international law will help the government to deal with matters peacefully with other nations.
Lastly, the State should obey and respect treaties of international importance. If a certain treaty is necessary for resolving any dispute then the State should do justice to such a treaty. Also, respect towards international mutual agreements is very necessary and important which the State should follow.

Significance of Article 51 of the Indian Constitution

When it comes to foreign policy and international engagements, Article 51 is very significant as well as highly relevant. There are many examples in the past where India took the help of philosophies mentioned in Article 51 to deal with matters of national and international importance. India has been attacked by terrorists many times and each time India handled the matter peacefully and carried out the operation against terrorism. Following are some undesirable events of terrorism which India has suffered-

The Mumbai series bombing that occurred on 12 March, 1993,
The attack of 26/11 that occurred on 26 November, 2008,
The attack on the World Trade Centre on 11 September, 2001, etc.

Just to have an idea of the length and breadth of the issue like wars, we can take the help of data published by World Population Review. The report was published in 2024 and is credible enough so that we can rely on its data points. As per the report, about 32 countries are either directly or indirectly involved in war with each other. Not only that, if we take a time period of 1900 to 2024, more than millions have died and are dying due to wars only. We know India is no exception to the list. It has been attacked several times in the past.

It is very crucial to remember and be aware of the fact that there are other issues also which need a peaceful solution. War and agony are neither a solution to these issues nor they serve a purpose. Some issues that are still standing in front of India are-

Matters related to the environment,
Problems linked to economy and politics,
Pollution,
Disputes that take place on the grounds of religion, caste, creed, etc.

As the above issues are not only limited to a specific boundary or a territory, a cumulative approach is needed to deal with these issues. Without attaining a stage where all bodies can perform peacefully in a mutual manner, we cannot address the above issues. Hence, it is indeed a necessity that the protection of world peace and security should be addressed. We can easily witness the fact that the issues of pollution and terrorism have come to light in recent decades but the solution to all these issues are already in DPSPs.

However, it would not be wrong for me to say that Article 51 prescribes a global community that is based on peace and justice. By maintaining a peaceful order internally and with others, India has always aligned itself with the modern international laws of cooperation and legal order.

Main elements of Article 51 of the Indian Constitution

Promoting international peace and security

If we look at one of the functional elements of Article 51 then, it would definitely be an essence of promoting global peace. Article 51 is designed in such a way that it has always conveyed a message to promote security in international borders and affairs. Since the promotion of international peace and order is essential, the State should take steps to maintain it in every sphere possible.

The term ‘international peace’ talked about in Article 51 means that the State should not involve itself in such activities which might hamper global order. Activities such as war, crime, genocide, violence, etc., have the potential to destroy a peaceful global order and hence the State should always try to avoid them at all costs. A just and human international order leads to prosperity for all communities as a whole.

Role played by India in protecting international peace and security

Our nation has played an active role in participating in several international organisations like the United Nations (UN). India has been a member of this organisation since its inception (i.e., from 30 October, 1945). Further, in accordance with the provisions of Article 51 and some other International Commitments, the Indian Parliament passed an Act titled “Protection of Human Rights Act, 1993”.

This Act was enacted with the major goal of setting up NHRC (which stands for National Human Rights Commission) along with the Human Rights Court to meet the issue of ever-growing human rights needs in the country. The NHRC started its operation to address the issue of violation of Human rights in 1993. Along with NHRC uniting with its vision, India has played countless number of roles for the noble purpose of global peace operations.

Those operations were planned by the UN and executed by India without fail. What could be better data than the Indian peacekeeping forces’ participation in global peacekeeping missions? Indian peacekeepers have participated in 49 out of the total 72 peacekeeping missions. India has contributed nearly 253,000 personnel to the group of Blue Berets forces.

Maintaining just and honourable relations

This provision of Article 51 states that India should maintain a friendly relationship with all nations globally. Diplomatic relationships should be based on the value of fairness and justice. Proper cultivation of mutual trust and hassle free communication over different matters between nations is necessary. Through trust and proper communication, any matter be it national or global could easily be resolved.

Role played by India in maintaining just and honourable relations

Some examples of this could be-

India proved itself to be the friend in need to the whole global community during the COVID-19 Pandemic by distributing free vaccines and medical equipment. When the whole world was serving its self interest, India served all those who were in need through vaccine diplomacy. India also served its neighbours by sending teams of medical personnel to help them to cater to the pandemic emergency.
India also proved itself to be the provider of food security by exporting wheat to countries like Indonesia, South Korea, UAE, Bangladesh and Yemen (in 2022).

Fostering respect when it comes to international law and other treaty obligations

The statement sends out a clear message that India must adhere to international laws and global treaties. It shows us an important perspective of Article 51- that is commitment to the treaties which are envisioned to maintain harmony, peace and global order. Resolutions and enforcement of provisions of UNO (United Nations Organization), WHO (World Health Organization), ICJ (International Court of Justice), UNHRC, etc., are some of the examples.

This provision of Article 51 talks about the significance of obeying and following international legal guidelines and frameworks. Hence, the solution includes that the state should not only respect international law and guidelines but also make provisions domestically to align various laws according to them.

Role played by India in fostering respect

India is a party to more than 160 treaties and agreements, each of which deals with some or the other fields of law including air law, space law, maritime law, etc. For instance, the UNCLOS (United Nations Convention on the Law of the Sea) has a comprehensive regime of law and order in several oceans and seas, thereby establishing rules and regulations governing all uses of the oceans and the resources derived from them.

A new division named the Legal and Treaties Division was created by the Ministry of External Affairs in 1957 as a nodal point for dealing with aspects related to international law and advice for the Indian Government related to the same. This division assists the Ministry of External Affairs in particular and other Ministries and Departments on any matters related to international law and treaties. This treaty also advises the authorities on matters relating to treaty negotiations, practice and interpretations.

Encouraging resolution of conflict by way of arbitration

As we know, if trade and commerce between the countries increases so does increasing disagreements on various grounds. One policy may suit some of the nations, while the same can be detrimental to other nations. Increasing trade and commerce leads to various agreements and treaties among nations globally. Issues may arise while formulating and arriving at such treaties. Hence, it is very important that whatever may be the issue, it should be resolved through mutual discussion and talks.

Also in case of war between two countries, formulation of a treaty bringing peace to the situation is highly encouraged in Article 51. The nation should involve itself in the process of arbitration to redress and resolve such disputes. Arbitration should always be chosen as a tool to settle matters of international importance.

Role played by India in encouraging resolution of conflict by way of arbitration

Further, in 1985, the Model of International Arbitration and Conciliation was adopted and all the countries across the globe were directed to give due importance to the same. Considering this, the Arbitration and Conciliation Act, 1996, was enacted in India. Furthermore, suppose there are any international conflicts including India and other nations. In that case, they can be resolved keeping in mind sub-clause (d) of Article 51 which encourages arbitration as a means to resolve international conflicts.

While reading about resolving disputes by way of arbitration under Article 51, it is noteworthy that the Indian Arbitration Act has the following objectives, inter alia:

Resolve both domestic and international disputes by way of arbitration.
Grant permission to the tribunal to choose arbitration (or conciliation, however, under Article 51 it will be arbitration only) to resolve disputes and reach a settlement.
Provide reasons for granting an arbitration award (which will be enforceable) even when it comes to international commercial arbitration and the place of arbitration located outside India. However, it must be noted that Article 51 which comes under DPSP is not enforceable by the Indian courts but can be used as a guiding principle by the Government of India.
Make sure that the tribunal does not go ultra vires (beyond the powers).
It also works on enforcement of foreign awards and would do the same when it comes to international conflicts.

Proposed amendments of Article 51 of the Indian Constitution

So, there has been one proposed amendment of Article 51. It was proposed in 1978 by Shri Hari Vishnu Kamath. It was in the Constitution (Amendment) Bill of the Parliament. It was set in motion with the aim to make changes in the Article by including a new sub-clause, which said-

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

Kamath sir further stated that this change must be included to give more genuine meaning to Article 51. Doing so will help our nation to take the lead in the establishment of a World Government.

But, but, you should know this. Vishnu Kamath’s proposed amendment was suspended even when he put in all the proper facts and reasoning behind doing so. The reason behind this was the DPSPs are only recommendatory in nature. So, after several discussions and meetings, the members said they all accept that international laws are important for maintaining peace with other nations. Then, the Draft was adopted with some tweaks. These changes were proposed by the members and then added to the Constitution as Article 51.

Scenarios where India maintained international peace and security with foreign nations

Look East Policy

One of the phenomenal and strategic moves India has taken was the Look East Policy. It is almost impossible to highlight the significance and motive behind the move in a few words. India knows very well that to develop a peaceful world order overall balance should be created internationally. There is always a tendency among nations to tilt towards Western countries when it comes to building international relationships.

However, to make a balance in its international policies India launched Look East Policy. The policy aims to strengthen and prosper India’s relationship with Southeast-Asian countries. The policy creates a balance between Western favoritism and a relationship with immediate eastern neighbouring countries.

Vaccine diplomacy in COVID-19

When the whole world was in fear of the pandemic and its consequences on community health, India came forward as a savior of many by introducing a milestone move to distribute the COVID-19 vaccine for free. India has distributed more than 100 million vaccines both GAVI and COVAX to all those nations in need that too without cost. The move was indeed strategic and is famously known as vaccine diplomacy. Supporting the needs and welfare of all is the value projected by India in its foreign policies every now and then.

Panchsheel Agreement

To foster the relations and in order to make a long-standing partnership with China, India and China mutually signed the Panchsheel Agreement in 1954. The agreement was based on five principles of peaceful coexistence namely mutual respect for each other’s sovereignty, mutual non-aggression towards each other, not to interfere in each other’s internal matters, equality and mutual benefit, and lastly peaceful co-existence.

This is a very good example of India’s international policies when it comes to building strong relationships with neighbours.

Permanent Mission of India to the United Nations

India has always adhered to Resolution 1540 and cooperated with the UN Security Council Committee. India’s stand for global peace and international harmony has always remained clear be it through a resolution of Security Councils or cumulative decisions of all the members together. Moreover, India has shared its personal experience in the sector of the export control system as well as identifying legal and technical assistance that it used for national implementation of UNSCR 1540 with other nations.

Impact of Article 51 of the Indian Constitution

Article 51 of the COI has played a key role in shaping India’s foreign policy. If you are thinking how, here is the explanation-

The insight and study we have gone through in the above part of the article is clear enough to make all of us agree to the fact that Article 51 has played not only a crucial but also an irreplaceable role in influencing India’s international relations. India’s contribution to global peace, and international harmony, and its trustworthy relations with other nations have always set an example for others to follow. India’s advocacy for peaceful coexistence and mutual respect among nations could not be pressed enough.

All these pointers clearly underscore the commitment of our nation to international peace and security and maintaining cooperative international relations.

International treaties and Article 51 of the Indian Constitution

There are some international treaties and conventions that are similar to Article 51 of the Indian Constitution. Would you like to read about them? If yes, please check the upcoming passages. Here, an attempt is made to discuss the UN Charter, Geneva Convention, and Biochemical Weapon Convention, inter alia and co-relate the same with our Constitution’s Article 51.

UN Charter

The first and foremost treaty we can refer to while talking about the relation between Article 51 and an international treaty is the UN Charter. Originally founded by 51 countries, India is a founding member of the UN Charter. This treaty was signed at the San Francisco Conference on 26th June, 1945. It officially came into existence on 24th October, 1945. It comprises 19 Chapters in total.

Did you know? Under Chapter III, the organs are discussed. As mentioned under Article 7, the UN works through its 6 principal organs, namely:

The General Assembly,
The Security Council,
The Economic and Social Council,
The Secretariat,
The International Court of Justice (ICJ), and
The Trusteeship Council (however, this is non-functional now).

Now, the main purposes and principles of this Charter as mentioned in Chapter I, under Article 1 and Article 2 respectively are as follows:

Purpose of the UN Charter

Article 1 talks about the purpose of the United Nations, which are-

Maintaining international peace and security

Maintaining international peace and security and taking ‘effective collective measures’ for

Preventing and removing any threats related to peace,
For suppressing any acts of ‘aggression or other breaches of peace’, and
To adjust and settle international disputes by way of principles of justice and international law.

Developing friendly relations among nations

Based upon mutual respect for ‘the principle of equal rights and self-determination of people’, another purpose here is to develop friendly relations among nations. Further, it mentions that the necessary steps for strengthening universal peace must be taken.

Solve international problems

The next purpose is resolving international conflicts which are of economic, social, cultural or humanitarian nature. Further, it states that promoting and encouraging respect when it comes to ‘human rights and for fundamental freedoms for all’ without being biassed considering race, language, sex, or religion is of utmost importance.

Function as a center for the attainment of common interest

Additionally, another purpose here is being a center for ‘harmonising the actions of nations’ for attaining common interests/ends.

Principles of the UN Charter

Let us take a moment to look at the main principles of the UN Charter which are as follows:

Sovereign equality

The first principle states that this organisation is built on the ‘principle of the sovereign equality of all its Members’.

Members and obligations

The second principle states that all the members have to, with bona fide intentions, fulfil the obligations under the Charter. This has to be done to continue obtaining the benefits that such a membership provides.

Settle disputes peacefully

The third principle of the UN Charter is solving disputes in a peaceful manner. This principle suggests that whatever the dispute is regarding, one should try to solve the matter with mutual cooperation and in a harmonious way. This principle discourages the use of coercion when it comes to disputes of global international importance. Furthermore, disputes should be settled in such a way that it does not create a situation of danger or disharmony to international peace.

Refrain from using threats or force

This principle is one of the most important principles and often nations fail to adhere to it. The principle states that nations and countries should always avoid the use of pressure, force, and threats to resolve any global issue. Force and threat are not a solution to an issue which is having global significance. The use of force and pressure on other nations only leads to strangled relationships in international order. Hence, it is strongly advised to countries to avoid the use of any kind of force on other countries and choose the way of arbitration to resolve the underlying conflict.

Please note: If the Security Council or General Assembly permits, the member states can use force, whereas when it comes to other cases it is prohibited. This provision was made in 1987-1988 when the General Assembly adopted the Enhancement of the Effectiveness of the principle of refraining from the Threat or Use of Force in International Relations. In the following circumstances, the forces may be lawfully used by the member states-

Self defence,
Enemy to the signatories to the charter,
Domestic jurisdiction,
Self-determination,
Recovering any lost union territory,
Nonmembers of the United Nations.

Assistance

It’s a collective responsibility that all member States of the UN should assist it in various operations and projects. Members are also obliged not to get involved with any activity that the UN has prohibited. They should not also involve themselves in helping those States against whom the United Nations is taking preventative actions. Further, members should not help any State who is carrying out such activities which are declared illegal by the UN.

Non-member states and UN

The sixth principle states that the organisation must make sure that even the non-member states act in accordance with the principles, for the purpose of maintaining ‘international peace and security’.

Domestic jurisdiction and UN

When it comes to the seventh principle of the United Nations, it advocates for non-interference of the UN in the domestic matter and jurisdiction of any member State. However, the UN can interfere and take action in those matters which are mentioned under the Charter. That being said, the Member States must take and submit such matters to reach a peaceful settlement under the present charter. However, the provision that the UN will not interfere in the domestic matters of member States is not taking away any power of “application of enforcement measures under Chapter Vll”.

Membership

Under Article 4 under Chapter II, all peace loving states who are willing to accept the obligations mentioned under the UN Charter and will be able to carry out these obligations can be members.

Interesting fact: Under Articles 10 to 17 of Chapter IV, functions and powers are discussed. Let us take a look at each one of them, shall we?

To conclude, we can say that the 4 provisions discussed in Article 51 are quite similar to those of the UN Charter provisions discussed above. So, we can clearly say that India has done a fabulous job when it comes to promoting global peace. It has always shown its commitment to maintaining a relationship of harmony with all other nations. The similarity of India’s philosophy with UN Charter principles is strong evidence on which we can rely to say that India is indeed a country that has always stood up for global peace.

Convention on the Prevention and Punishment of the Crime of Genocide, 1948

The Convention on the Prevention and Punishment of the Crime of Genocide, 1948, was adopted by the United Nations General Assembly to prevent and punish the crime of genocide (mass killing). However, it was ratified by India nearly 10 years after its inception.

Further, Article I of the Convention talks about genocide committed in times of war and peace. Human genocide whether committed during the period of war or peace is considered an international crime. Furthermore, Article IV of the Convention mentions that the individuals committing this crime must be punished by the member states.

As we have discussed above in the article clearly, the Indian Constitution under Article 51 obliges India to uphold international agreements and treaties. This Convention also falls under the ambit of Article 51. This brings crystal clarity in the stance of India when it comes to maintaining international order and peace. India actively plays a role in the global sphere to counter atrocities that are a potential threat to national peace and security.

Vienna Convention on the Law of Treaties, 1969

The Vienna Convention on the Law of Treaties, 1969, was adopted-

1. To envision the idea of peaceful cooperation between countries and nations as a whole. The Vienna Convention focused a lot on the development of mutual cooperation between countries at the international level.

2. The second important cause for adoption was to establish a norm in which disputes at international and global levels should be solved through making treaties. Making treaties between nations that bring conflict to an end and induce peace in the relationship was the main vision of the Convention.

These provisions are again, related to Article 51. They highlight India’s principles being in compliance with global standards.

Geneva Conventions

The Geneva Conventions are related to the basic rights and protections of wartime prisoners, civilians, and military personnel who either sustained injuries or are sick.

Please note: There are 4 treaties and 3 additional protocols that establish international legal standards.

There are some provisions that relate to Article 51, some of them are as follows-

Article 2 of the Geneva Conventions Act, 1960

Article 2 of the Geneva Conventions Act, 1960, mentions that the provisions of this Convention shall be applicable to the aforementioned cases (‘of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties’), alongside the provisions implemented in peacetime.

Article 8 of the Geneva Conventions Act, 1960

Under Article 8 of this Convention, the representatives or delegates have to ensure the security of the states in conflict is safeguarded.

Again, these provisions are in compliance with the provisions of Article 51 of the Indian Constitution.

Hague Conferences of 1899 and 1907

The provisions of the Hague Conventions are indirectly related to Article 51. You may wonder how. Let us find out!

Hague Conferences of 1899 and 1907 were enacted with the main objectives of establishing international norms across the globe, conflict resolution and settling disputes peacefully.

Did you know? The Hague Convention of 1899 was repealed, and a new Hague Convention of 1907 was enacted.

This clearly shows India’s commitment to upholding the principles of Article 51, especially when these provisions are not directly enforceable as such.

Nuclear Test Ban Treaty, 1963

This treaty bans explosions in the atmosphere including outer space, water and other such environments. This principle is applicable when ‘radioactive debris’ is present outside the territorial limits of the state under whose jurisdiction such an explosion is taking place.

An instance of this could be the Pokhran-I, codenamed ‘Smiling Buddha’. This was an explosion by India on 18th May, 1974, which was conducted at Thar Desert of Rajasthan in a remote setup.

Even though India had not initially signed the treaty, Article 51 reflects the commitment of India to global peace and disarmament which are also in alignment with the goals of the NTBT.

To conclude, we can say that the provisions discussed in Article 51 are quite similar to those of the treaties and conventions discussed above. This shows India’s commitment to fostering international peace and security, and also respecting international law. Further, it also sheds light on Indian principles being in compliance with globally recognized standards.

Comparison of Article 51 of the Indian Constitution to the framework of other Nations

USA

The United States of America has played a major role in protecting international peace and security and maintaining friendly relations with other nations. Some of the treaties signed by the USA are:

North Atlantic Treaty Organization (NATO)

This treaty was created in 1949 by the United States, Canada, and several Western European nations to provide collective security against the Soviet Union.

Australia, New Zealand and United States Security (ANZUS) Treaty

The Australia, New Zealand and United States Security (ANZUS) Treaty was enacted in 1951. It was to protect the security of the Pacific.

Russia

Russia has also entered into treaties to maintain amicable relations between nations. Some of these treaties are as follows:

Treaty of Peace, Friendship and Cooperation

Russia and India signed the Treaty of Peace, Friendship and Cooperation to build and develop a strong relationship between the two nations. Also, we know, Russia and India are old friends. Both of the nations actively helped each other in various activities be it development or defence. The treaty visions the principles of consistent peace policy and friendly relations between the two States. Cooperation and friendship in various sectors and fields is the core aim of this treaty.

Treaty of Moscow

We all know the fact that the US and Russia have had a very wretched sort of relationship for a long, long time. Evidence of this bad faith relationship could be seen through various instances like the Cold War Cuban Missile Crisis. Both of the countries were always in a state of war and aggression against each other. To initiate a peace process between the two, the Treaty of Moscow was signed between the US and Russia. The vision of the treaty was Strategic Offensive Reductions(SORT). The treaty revolves around reduction of armory involved between the two nations and control obligations to be followed by both the nations.

China

China has also played its part in protecting international peace and security and maintaining friendly relations with other nations. Some of the treaties signed by China are:

Treaty of Peace and Friendship Between the People’s Republic of China and Japan

The Treaty of Peace and Friendship Between the People’s Republic of China and Japan was enacted to strengthen peace and amicable relations between these two nations.

Sino-Indian Agreement of 1954

The famous India and China agreement also known as Panchsheel Agreement was signed in 1954. This agreement was signed to build mutual cooperation and a relationship of peace between the two nations. The agreement was signed between the then Prime Minister of India Jawaharlal Nehru and Chinese Premier Zhou Enlai. It was indeed an important step taken by both countries to make the relationship between them more peaceful and based on harmony.

Japan

When it comes to maintaining peace and harmony at the international level, no other countries in the world have contributed as much as Japan. Japan is often regarded as a pioneer of peace because Japan never got into conflict with any nations after the tragic incident of Hiroshima and Nagasaki. Japan has formulated such foreign policies which only encourage other nations to build peace among them.

Japan formulated a landmark law known as the Legislation for Peace and Security Development Act in 2015. The law envisions the concept of establishing peace and stability at a global level. Japan has always aimed to contribute more to international peace and stability. Furthermore, Japan’s policy of proactive contribution to peace which is based on the principle of international cooperation has always served the global community. All these provisions adopted by Japan were quite similar to that of Article 51 of the Indian Constitution.

We can say that countries like the USA, Russia, China and Japan have all in some way or the other made provisions and laws to promote global peace and international harmony. Further, all those laws and provisions enacted by them are often similar to the vision of Article 51.

Criticisms of Article 51 of the Indian Constitution

Marginal engagement

No doubt that Article 51 has reflected India’s commitment to internal peace and global security but there are also many instances where India has faced criticism by other nations. It is difficult to explain each and every event with an explanation but it is true that India has faced criticism whenever it chose to serve its national interest over global norms.

Not a very effective provision

Article 51 is a unique initiative for promoting Indian philosophy. It further serves as a harbinger of peace, security and stability. Settling disputes through peaceful means is of utmost importance to the main goal of securing peace. Merely laying down the provision related to the promotion of peace as an objective in the Constitution is not sufficient. Instead, implementing an efficient method is the need of the moment, which must be devised and prompted properly.

No set norms

As of now, there is no legally constituted body or a World Parliament which will look into matters relating to enacting international laws and if such laws are being followed by all the countries and individuals across the globe. Thus, a law that does not have any legal authority will not be legally enforceable and will not attract any penalty as such for not adhering to the same. In a wider sense, it cannot actually be considered to be a law at all.

A quick suggestion

A way forward for the issue of international peace would be the formation of a ‘World Parliament’. The World Parliament should have the power to form and enforce international laws. Those laws will be applicable to all nations and communities across the world. This step will surely address the issues prevailing at the international level. The World Parliament will also press the need to protect global peace and security.

As of now, there is no uniform international law that is applicable and binding to all. Although there are plenty of new developments happening for the codification of a uniform international law, there is more to be done. The Lack of a uniform international code creates loopholes in the functioning of unified peace processes and maintaining global security. Although our nation has laws like Article 51 in place, the absence of such obligations and laws in other countries leads to a circumstance in which one country follows global order and the other doesn’t.

Sovereignty

One of the important facets of maintaining global peace and security is sovereignty. In simple words, sovereignty means the State is supreme. All other bodies and communities are subordinate to the State. A State functions on its own sovereignty and is not subordinate to another State’s sovereignty. For example, the USA will not follow those rules that are enacted by India and vice versa. As far as the functioning of international order is in question, sovereignty is required at the international level so that all the countries will be subordinate to that sovereignty.

To make international law meaningful and executory for the global community, proper judicial, legislative and executive branches are necessary. Proper regulation and implementation of international law could only be possible if a well functioning administration system is working to execute it. Due to a lack of proper accountability, many countries follow these laws when it favours them, and if in case it doesn’t favour them, they usually end up not following them. Hence, despite India having provisions like Article 51 in place, it is equally necessary that other nations should also adopt such laws.

A quick recap/overview of Article 51 of the Indian Constitution

Article 51 is an important part not only of the Constitution but also an integral element of India’s foreign policy. Our foreign policy is an integration of Article 51 and many other diplomatic features. Despite being a part of DPSPs, Article 51 found its way of implementation through foreign policy formulation and maintaining international peace. The sole idea of Article 51 as we can analyse from the article is to promote international peace and global security without fail. Cooperation with other nations and mutual respect is the essence of Article 51. Values enshrined in Article 51 cannot be explained in mere words, to know the contribution of Article 51 one needs to ponder upon many historical events of international importance in context to India.

However, let’s take a quick look at the principles which are the foundation of Article 51.

International peace and security is the fundamental principle stated in Article 51. It states that the nation should aim towards peace and security which will result in the development of the nation, without any traditional sources of threat.
Article 51 puts pressure on India to maintain a relationship with other nations that are based on mutual honour and justice. The Article also emphasises maintaining respectful relations between countries. Respect for each other’s territorial integrity and sovereignty must be followed.
Having respect for international laws and treaties is the soul of Article 51. Be it the laws of the UN or bilateral treaties between nations, in all the cases India is compelled to adhere and give full respect to those treaties under Article 51. India is also liable to uphold global and international legal standards under the Article.
Article 51 gives a lot of importance to the process of arbitration as a tool when it comes to solving disputes. Disputes including both national and international should be resolved in a peaceful way. Arbitration and talks should always be used to resolve such disputes.

Conclusion

In this article, we have discussed Article 51 which belongs to Part IV of the Indian Constitution. Article 51 is indeed a part of DPSP which deals with provisions to foster and nurture international peace and security as a whole. Article 51 gives us a clear picture of the commitment our country has to maintain global peace and order. The value of harmony and peaceful resolution of problems is very important. Peaceful resolution of matters makes the process smooth and easy. It would not be wrong if we say that Article 51 rightly upholds the value of international law and justice.

There are ample numbers of examples in which India has participated with other nations and taken initiatives that reflect the essence of Article 51. It shows our nation’s dedication to the value of harmony in international law and order. However, it should be kept in mind that despite having such a huge importance, Article 51 is not legally enforceable in nature. In other words, we can say that Article 51 is not judicially enforceable.

They only serve as a guideline for the Government of India to enact and develop laws, regulations and policies related to international law and foreign relations.

Moreover, India is a developing nation that is persistently growing and asserting its position on a global scale, and its role in the promotion of international peace and security has become more crucial. By upholding the set principles under Article 51 of the Constitution, our nation can contribute to a more peaceful, harmonious and secure world.

We can witness from the ongoing current affairs that issues of international importance are growing at a much faster speed. Be it the issues of war, food security, human rights or the issues related to territorial disputes, all are rising fast. These issues can only be addressed with a unified global law and order that applies to all nations. That being said, India has aligned much of its laws related to trade, commerce, treaties, water sharing agreements, power sharing agreement etc., with that of global international laws. If other nations also take the step to synchronise their domestic laws with that international law, a lot of problems of global importance will get solved automatically.

Frequently Asked Questions (FAQs)

What is Article 51 of the Indian Constitution?

Article 51 states that, the State should form form such rules and regulations which-

Should always try to promote peace and security in every possible matter. Further, emphasis should always be given to international harmony.
They should always try to have honourable relations with other nations. Relationships based on justice and harmony are something that the state should advocate for.
Further, the state should always try to establish a deep understanding of international law. A deep understanding of international law will help the government to deal with matters peacefully with other nations.
Then, the state should obey and respect treaties of international importance. If a certain treaty is necessary for resolving any dispute then the State should do justice to such a treaty. Also, respect towards international mutual agreements is very necessary and important which the State should follow.
If any dispute happens, the State should try to settle it down through arbitration.

What does Article 51 talk about?

Article 51 talks about the promotion of international peace and global security as a whole. It also states that the state should always try to have honourable relations with other nations. Relationships based on justice and harmony are something which the state should advocate for.

On what principles is Article 51 of the Indian Constitution based on?

Article 51 of the Indian Constitution is based on liberal-intellectual principles. We can also witness a major influence of Gandhian ideology as well as philosophy in the essence of Article 51. Peace, harmony, and mutual respect all are a part of Gandhian philosophy.

Is Article 51 different from Article 51A?

Article 51 and Article 51A are different and talk about two completely different things. Article 51 is a part of DPSPs and talks about maintaining a just and harmonious relationship with all nations whereas Article 51A talks about Fundamental duties.

How does Article 51 align with the participation of India when it comes to international organisations?

India’s foreign policies are very much aligned with Article 51 when it comes to cooperating with international organisations such as the UN and WHO. promotion of international peace and harmony is the key provision when it comes to Article 51 and the same are the provisions of the UN Charter. Hence, due to Article 51 India’s foreign policies are aligned with that of international peace policies.

Can Article 51 be amended?

As far as the amendment of Article 51 is concerned, the answer is yes. Article 51 can be amended through the process in which other provisions of constitutions are amendable. However, Article 51 does not form a part of the Basic Structure of the Constitution and hence could be amended easily in parliament.

References

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