Previous Year Question

The promotion of international peace and security is provided under Article 51, which forms part of Part IV—the Directive Principles of State Policy.

Article 51 directs the State to 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.

• Encourage the settlement of international disputes through arbitration.

This provision supplies broad constitutional guidance for India’s foreign policy. Its principal objectives include peaceful coexistence, sovereign equality of nations, peaceful settlement of disputes and respect for international obligations.

The constitutional nature of Article 51 is as follows:

• It is a Directive Principle and is therefore not directly enforceable by a court.

• Under Article 37, it is nevertheless fundamental in the governance of the country.

• The Government should consider its objectives while formulating foreign policy and legislation.

• It does not automatically convert every international treaty into enforceable domestic law.

Other relevant constitutional provisions include:

• Article 253: Empowers Parliament to enact legislation for implementing any international treaty, agreement or convention.

• Entry 14 of the Union List: Concerns entering into treaties and agreements with foreign countries and implementing them.

• Where implementation of an international agreement requires changes to Indian law, legislation by Parliament is ordinarily necessary.

The Preamble does not expressly mention international peace. Fundamental Duties under Article 51A prescribe duties of citizens. The Ninth Schedule is associated with the protection accorded to specified laws through Article 31B.