The United Nations (Security Council) Act, 1947
The United Nations (Security Council) Act, 1947
The United Nations (Security Council) Act, 1947 is a legislation enacted by the Parliament of India. The main objective of this Act is to provide legal backing for the implementation of decisions or resolutions made by the United Nations Security Council (UNSC) within India.
Purpose of the Act
The UNSC under the United Nations Charter has the authority to maintain international peace and security.
The Security Council can make binding decisions (resolutions) that member countries are obligated to implement.
India, being a member of the UN, enacted this legislation to empower its government to enforce UNSC resolutions effectively on Indian soil.
Key Provisions of the Act
Section 2: Gives power to the Central Government to make orders or regulations to implement UNSC decisions.
Section 3: Any order or regulation made by the government to enforce UNSC resolutions will have the force of law.
Section 4: Provides immunity to actions taken in good faith under this Act.
Section 5: Penalties for contravening orders or regulations made under this Act.
Why was the Act needed?
The United Nations Charter requires member states to enforce Security Council resolutions. However, since the resolutions do not automatically become domestic law, India needed a domestic legislative framework to:
Penalize violations of UNSC decisions.
Prevent or prohibit acts threatening international peace (e.g., sanctions, embargoes, travel bans).
Enforce sanctions or other measures decided by the UNSC.
Application of the Act
The Act is special legislation that can be invoked for the implementation of UNSC sanctions, such as economic sanctions, arms embargoes, or travel bans.
It helps the government to issue orders that have legal effect without passing a new Act every time a UNSC resolution is passed.
Case Law related to The United Nations (Security Council) Act, 1947
Union of India v. Azad Ali Khan (1951 AIR 16)
Background: This was one of the earliest cases where the constitutional validity of the Act was challenged.
Issue: Whether the Act violates the Constitution of India as it allows executive action based on international resolutions without parliamentary approval.
Holding: The Supreme Court upheld the validity of the Act. It held that under the Union List (Entry 14) of the Seventh Schedule of the Indian Constitution, the Parliament has the power to make laws related to treaties, and since the UN is an international organization, the Parliament can enact laws for implementation of its decisions.
Significance: The case established that implementing international obligations through domestic legislation is constitutionally valid.
Pannalal Bansilal v. Union of India (AIR 1957 SC 66)
Background: This case dealt with the enforcement of UNSC sanctions via the Act.
Issue: Whether the orders issued under the Act could be challenged in court.
Holding: The Court observed that while the government has wide powers under the Act, the orders must be made in accordance with the UNSC resolutions. However, the courts can examine whether the executive actions comply with the Act's provisions.
Constitutional and Legal Aspects
Parliamentary Sovereignty vs. Executive Power: The Act vests wide powers in the executive to issue orders for enforcing UNSC decisions, but Parliament retains oversight since the Act itself was passed by the legislature.
International Law and Domestic Law: This Act is an example of monist approach where international decisions are given domestic effect through legislation.
Limitations: The Act cannot be used to override fundamental rights unless the orders made under it explicitly comply with the Constitution.
Summary
The United Nations (Security Council) Act, 1947, enables India to fulfill its international obligations under the UN Charter.
It empowers the government to enforce UNSC resolutions within India by issuing legally binding orders.
The Act was upheld by the Indian Supreme Court as constitutionally valid.
It balances the need to comply with international mandates and maintain the supremacy of the Indian Constitution.
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