Article 51 of Constitution

Article 51 of the Constitution of India, embedded within the Directive Principles of State Policy (DPSP), holds a pivotal place in guiding India’s foreign policy and international relations. Though non-justiciable, this provision acts as a moral compass for the State, directing it towards fostering peace, security, and cooperation on the global stage. 

Part IV of the Constitution, which contains the DPSP, emphasises principles that, while not legally enforceable by courts, serve as fundamental guidelines for the governance of the country. Article 51, in particular, stresses the importance of international peace, security, and the respect for international law, positioning India as a responsible global actor committed to these values.

Understanding Article 51

The text of Article 51 reads as follows:

“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.”

Article 51 highlights four primary duties for the State:

1. Promote International Peace and Security
2. Maintain Just and Honourable Relations
3. Foster Respect for International Law and Treaties
4. Encourage Settlement of International Disputes by Arbitration

These objectives form the cornerstone of India’s international relations, aiming for a peaceful and just world order. Despite being non-enforceable in a court of law, Article 51 strongly influences India’s foreign policy and provides a framework for international cooperation.

Historical Context of Article 51

The inclusion of Article 51 in the Constitution of India traces its origins to the Constituent Assembly debates in 1948. Originally drafted as Article 40 in the revised draft, it reflected the framers’ vision of India’s role in the post-World War II global order. The framers, notably Dr B.R. Ambedkar, viewed international law as integral to fostering peaceful relations between nations, especially given the devastation of war and the desire to build a cooperative world community.

• Constituent Assembly Debates: Article 51 was inspired by the belief that international law, founded on justice, should govern relations between countries. The framers were keen on ensuring that India would actively contribute to global peace and adhere to the principles of international cooperation, respecting human rights, and promoting social justice.
• Post-Independence Vision: The newly independent India was keen to establish its position on the world stage. Article 51 was crafted to ensure that India would engage with the international community in a manner consistent with its democratic values and the pursuit of global peace.

Non-Justiciable Nature of Article 51

Article 51 is part of the Directive Principles of State Policy, which, according to Article 37 of the Constitution, are not enforceable by the courts. The primary role of these principles is to guide the legislature, executive, and other authorities in making laws and formulating policies that promote the well-being of citizens.

Although non-justiciable, the principles laid down in Article 51 are fundamental in shaping the governance of the country. They influence decisions in domestic lawmaking, diplomatic relations, and international treaties.

• Moral Guidance Rather than Legal Obligation: Article 51 provides moral and political guidance rather than legal enforceability. This means that while courts cannot compel the government to follow these directives, there is a strong expectation that the government will uphold these principles in its dealings, both domestically and internationally.
• Importance in Governance: Despite its non-justiciable nature, Article 51 forms a crucial part of the constitutional framework. It serves as a guideline for shaping foreign policy, international relations, and treaties, emphasising the promotion of peace, security, and cooperation.

Practical Implications of Article 51

Promotion of International Peace and Security

India’s commitment to promoting international peace and security is reflected in its active participation in various international organisations. As a founding member of the United Nations (UN), India has consistently championed peace and cooperation.

• Active UN Membership: India’s engagement in the UN reflects its commitment to maintaining global peace. It has been a member of the UN since its inception in 1945 and has played an active role in peacekeeping missions around the world. The country has contributed troops to various UN peacekeeping operations, underscoring its dedication to international peace and stability.
• Peacekeeping Missions: India is one of the largest contributors to UN peacekeeping forces. This reflects the State’s adherence to the directive in Article 51 to promote international peace and security, even at the cost of human resources.

Maintaining Just and Honourable Relations Between Nations

India’s foreign policy, guided by Article 51, has been built on the principle of maintaining just and honourable relations with all nations, irrespective of their political systems. The country’s non-aligned stance during the Cold War period epitomised this approach.

• Non-Alignment Movement (NAM): India’s leadership in the Non-Aligned Movement (NAM) during the Cold War period was an example of its commitment to maintaining peaceful and just relations with both the United States and the Soviet Union. The movement emphasised peace, non-interference, and equality among nations.

Fostering Respect for International Law and Treaties

Article 51 directs the State to respect international law and treaty obligations. While India’s international commitments do not automatically become part of its domestic law, the government has made significant strides in ratifying and implementing various international treaties.

• International Treaties and Agreements: India is a party to numerous international treaties on diverse matters such as human rights, environmental protection, and trade law. The country’s commitment to respecting international law is evident in its participation in multilateral treaties such as the Kyoto Protocol and the Paris Agreement on climate change.
• Judicial Interpretation: The Indian judiciary has played an active role in interpreting and enforcing India’s obligations under international treaties. For instance, in cases related to human rights, environmental protection, and climate change, courts have relied on international treaties to strengthen India’s commitment to global norms.

Encouraging the Settlement of International Disputes by Arbitration

One of the key provisions of Article 51 is the encouragement of international dispute resolution through arbitration. This principle is reflected in India’s adoption of the Arbitration and Conciliation Act, 1996, which brought domestic law in line with international standards for arbitration.

• Arbitration and Conciliation Act, 1996: This Act was passed to give effect to India’s commitment under Article 51 to promote the peaceful settlement of disputes. The Act facilitates both domestic and international arbitration and conciliation, ensuring that disputes are resolved in a manner that reduces judicial burden and promotes fairness.

Landmark Judgements on Article 51 of Constitution

Indian courts have invoked Article 51 in various landmark cases, drawing upon its principles to shape the country’s legal landscape.

• MK Ranjitsinh v. Union of India (2024): The Supreme Court recognised the right against climate change impacts as a fundamental right, referencing international commitments under the Paris Agreement. This case reflected India’s adherence to its international obligations under Article 51.
• Vishakha v. State of Rajasthan (1997): The Supreme Court, in this case, formulated guidelines on sexual harassment at the workplace, drawing from international conventions. This case demonstrated how Article 51 could guide the courts in ensuring gender justice, in line with global standards.
• Neelabati Behera v. State of Orissa (1993): The court relied on international human rights law to provide compensation for custodial deaths, referencing the International Covenant on Civil and Political Rights (ICCPR).

Conclusion

The doctrine of Article 51 is a cornerstone of India’s foreign policy, shaping its approach to international peace, security, and cooperation. While non-justiciable, it serves as a guiding force in the country’s legal, diplomatic, and judicial decisions. Through active participation in international organisations, adherence to global treaties, and the promotion of peaceful dispute resolution, India continues to uphold the principles enshrined in Article 51.