Article 51 of the Costitution of India with Case law
Article 51 of the Constitution of India: Promotion of international peace and security
Text of Article 51:
"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 organized peoples with one another; and
(d) encourage settlement of international disputes by arbitration."
Nature and Importance of Article 51:
Article 51 is part of the Directive Principles of State Policy (Part IV of the Constitution).
It reflects India’s commitment to world peace, international cooperation, and respect for international law.
Although not enforceable by courts, it guides the State in formulating foreign policies.
It emphasizes the role of India as a responsible global player and encourages peaceful resolution of conflicts.
Case Law on Article 51:
1. Vishaka v. State of Rajasthan (1997) 6 SCC 241
Key Point: Use of international law in absence of domestic law
The Supreme Court held that international conventions and norms (such as the CEDAW) can be read into domestic law if they do not contradict fundamental rights.
Relevance to Article 51: The Court referred to Article 51(c) while applying international conventions to promote gender equality.
"Any international convention not inconsistent with fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the object of the constitutional guarantee."
2. People’s Union for Civil Liberties v. Union of India (2004)
Key Point: Respect for international treaties and human rights
The case dealt with phone tapping and the right to privacy.
The Court emphasized India's obligation under international covenants.
Relevance to Article 51: Reinforced the constitutional goal of fostering respect for international law and treaty obligations.
3. T.N. Godavarman Thirumulpad v. Union of India (2002) 10 SCC 606
Key Point: Environmental protection using international law
The Supreme Court referred to international environmental norms.
Relevance to Article 51: Cited to support the use of international environmental treaties in domestic judgments.
4. Maganbhai Ishwarbhai Patel v. Union of India (1969) 3 SCC 400
Key Point: Treaty-making powers and international obligations
The Court observed that international law is relevant in Indian legal context and must be respected.
Relevance to Article 51(c): Stressed the importance of adhering to international treaty obligations in good faith.
Conclusion:
Article 51 promotes a progressive global vision in Indian constitutional philosophy. Courts have relied on it to support the application of international laws and conventions in domestic matters, particularly in human rights, environmental protection, and gender justice.
While not enforceable, it has a persuasive value in judicial interpretation and influences India’s approach to international diplomacy and law.
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