Introduction 

• The Directive Principles of State Policy (DPSP) are contained in Part IV of the Constitution of India, 1950 (COI). 
• The DPSP are the ideals that the Union and the State Government must keep in mind while they formulate the policy or pass a law. 
• Article 37 of the COI provides that  
  • The provisions contained in DPSP are not enforceable by any Court. 
  • However, the principles laid down are fundamental in governance of the country. 
  • It shall be the duty of the State to apply these principles in making laws. 
• Article 51 is contained in Part IV of the COI.  

Article 51 

• Article 51 of the COI provides that it shall be the duty of the State to promote International Peace and Security. 
• As per Section 51 of COI the State shall endeavor to: 
  • Promote international peace and security 
  • Maintain just and honorable relations between nations 
  • Foster respect for  
    • International law and  
    • Treaty obligations 
  • In the dealings of organised peoples with one another 
  • Encourage settlement of international disputes by arbitration.  

History of Article 51 

• Draft Article 40 provided for this provision. 
• It directed the State to adopt certain principles in dealings with the world at large namely peace, security and respect for international law. 
• The members of the Constituent Assembly viewed international law as playing a critical role in ensuring amicable relations between nations. 
• Draft Article 40 provided that the State shall 
  • Promote international peace and security 
  • By the prescription of open, just and honourable relations between nations 
  • By the firm establishment of the u8nderstandings of international law as the actual rule of conduct among governments  
  • And by maintenance of justice and respect for treaty obligations in dealings of organised people with one another   

Promote International Peace and Security 

• India actively participates in various international organizations such as United States where it is a member since inception. 
• Pursuant to the direction enshrined in Article 51 of the Constitution and the International Commitments the Parliament has passed the Protection of Human Rights Act, 1993. 
• The Act provides for setting up of National Human Rights Commission (NHRC) and the Human Rights Court to meet the concern of growing human rights needs in the country. 
• The NHRC has started functioning since September 1993. 
• Furthermore, India has been actively involved in peacekeeping operations under the auspices of the UN. 

Foster Respect for International Law and Treaty Obligations 

• This Article tells the state to respect international law but does not explicitly make it a part of the Indian laws. 
• India is a party to more than one hundred and sixty treaties and conventions dealing with various fields of law like air law, space law and maritime law. 
• The Legal & Treaties Division was established in the Ministry of External Affairs in 1957 as a nodal point to deal with all aspects of international law advice to the Government of India. 
• It advises the Ministry of External Affairs in particular and other Ministries and Departments on issues pertaining to international law and treaty, including treaty negotiations, practice and interpretations. 
• The Indian judiciary has played a very active role in the implementation of India’s international obligations under international treaties especially, in the areas of environmental law and human rights. 
  • MK Ranjitsinh And Ors. v. Union of India And Ors (2024) 
    • The Court acknowledged that in order to combat climate change on the global level, India has made international commitments founded in the Kyoto Protocol, Paris Agreement etc. to reduce greenhouse gas emissions and promote renewable energy.   
    • The Supreme Court recognised the right against adverse consequences of climate change as a fundamental right and while doing the same the Court acknowledged the treaty obligations. 
  • Jolly George Verghese vs Bank of Cochin (1980) 
    • It is stated that unless the municipal law is altered to accommodate the treaty, what is binding on the court is the former and not the latter. 
  • Vishakha v. State of Rajasthan (1997) 
    • The court while drafting the guidelines on sexual harassment of women at the workplace referred to many international conventions and norms which were relevant for the purpose of guaranteeing gender equality, right to work with dignity and the adherence to Article 14, 15, 19(1)(g) and 21 of the constitution. 
  • Neelabati Behera v. State of Orissa(1993) 
    • The court relied upon Article 9(5) of the Covenant on Civil and Political Rights (1966) while granting compensation to the victim for the matter of custodial death. 
  • Chairman Railway Board v. Chandrima Das (2000) 
    • The Court utilized the principles of the Universal declaration of human rights while widening the scope of Article 21 of the constitution by providing security to rape victims of foreign nationals. 

Encourage Settlement by Arbitration 

• The United Nations in 1985 adopted the Model Law on International Arbitration and Conciliation and asked all the countries to give due importance to it. This resulted in the enforcement of the Arbitration and Conciliation Act, 1996. 
• The various objectives of the Act are: 
  • Cover international and domestic commercial arbitration and conciliation comprehensively. 
  • Make a procedure which is fair, efficient and capable of meeting the needs of the society for arbitration and conciliation.  
  • Provides reasons by the tribunal for granting any arbitral award. 
  • Ensure that the tribunal does not exercise its jurisdiction beyond the limits.  
  • Minimise the role of courts and reduce the burden on the judiciary.  
  • It permits the tribunal to opt for arbitration and conciliation as a method of dispute settlement.  
  • It makes sure that every award is enforced in the same manner as the decree of the court.  
  • It provides that the conciliation agreement reached by the parties has the same effect as the award granted by an arbitral tribunal.  
  • It also works on the enforcement of foreign awards. 

Conclusion 

Article 51 is a part of DPSP. Hence it acts as a guiding light for the policy makers of the country. Fostering respect for international treaties and other obligations helps the country evolve and raises the standard of living of its citizens. Thus, it is an important provision for the country's development.