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(i) On 13th December, 1946, Pandit Jawahar Lal Nehru moved an Objective Resolution in the Constituent Assembly which was passed on 22nd January, 1947. The seed of Article 51 was sown in that Objective Resolution in the part relating to International Relations.
(ii) When the Constitution was being drafted, in the Draft Constitution, the said Article was included as Article 40 which related to International Peace & Security and India's international relations.
(iii) Amendments were moved on Draft Article 40 and after a lot of discussions and debates, Chairman of the Drafting Committee of the Constitution - Dr. B. R. Ambedkar, accepted the Article in the present amended form, which was finally passed by the Constituent Assembly and is numbered as Article 51 of the Constitution of India in the form mentioned below: (It became the Law of the Land on 26th January, 1950)
The above Article 51 is included in Part IV of the Constitution of India relating to Directive Principles of State Policy, which were initially considered as not enforceable. But the position was changed by 25th Amendment 1971 of the Constitution which upgraded the status of Directive Principles vis-a-vis Fundamental Rights and further augmented by rulings of the Supreme Court, which are as follows
Article 31-C, added by the Constitution (25th Amendment) Act, 1971, seeks to upgrade the Directive Principles. If the Directive Principle aim at promoting the larger interest of society, the courts will have to uphold the case in favour of Directive Principle in case of conflict with Fundamental Rights.
Ruling of the Supreme Court in the case of Kesavananda Bharati vs. State of Kerala in which it is ruled that
(a) 'Moral Rights' embodied in Part IV are as equally essential features of the Constitution as Fundamental Rights and are fundamental in the governance of the country and all the organs of the state are bound to enforce those directions.
(b) The Directive Principles act as a check on the government; theorized as a yardstick in the hands of the people to measure the performance of the government. Therefore, the government should keep these principles in view while framing laws and planning its activities and actions as these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
We, the peace loving people of India and 2.5 billion children of the world (including the children of India), have been watching helplessly for the past 68 years (since commencement of the Constitution of India in 1950).
During the all these years no endeavour has been made to follow the mandate of Article 51 of the Constitution of India. It is now becoming unbearable to experience further agony, fear, anxiety and terror any longer.
Terrorism, fear of more wars, ecological imbalance and insecurity among the human race is prevalent in the present World scenario. We, the citizens of India, are now losing patience and cannot wait till eternity to fulfill the wishes and dreams of Mahatma Gandhi and Pt. Jawahar Lal Nehru and all the members of the Constituent Assembly.
"Mankind's problems can no longer be solved by National Governments, what is needed is a World Government and this can best be achieved by strengthening the United Nations System." -Jan Tinbergen
A meeting of world leaders must be called at New Delhi by Government of India as it is the largest mature democracy of the world. Article 51 of the Constitution of India is a mandate given to the Government of India to fulfill its inter-generational responsibility and save the future of mankind and the world's over 2.5 billion children and generations yet-to-be born, which are the common denominators of all the nations of the world.
As I write this, I am flicking through the draft pages of this Bulletin, and seeing a huge amount of material related to the CMS annual conference of Chief Justices. The ideals of the conference are extremely grand – solving international problems through the creation of supra-national institutions of governance such as a World Court of Justice and a World Parliament – and, as a result, perhaps difficult to relate to. I therefore wish to use this short piece to make it feel more 'relatable'.
To understand the relevance of the conference, it is helpful to bear in mind the underlying values and motivations behind it. The conference has been conceived based on a notion that there are serious world problems that will impact future generations, and that these problems cannot be solved by any single government alone. Global issues that threaten the next generation – such as environmental degradation, or the spread of international terrorism – require global solutions, and this conference brings together influencers at the highest levels to deliberate on how institutions could be formed to provide those global solutions.
Of course, these grandiose ideas about global institutions of governance are not the only part of the solution to these problems. The types of international problems that this conference has been convened to tackle on a global level also require action at a local and individual level – and this is where everyone in their own capacity can relate to the values and motivations of the conference, and make a meaningful contribution towards the same aims.
As we deliberate upon rule of law at an international level, let us make a greater effort to respect and uphold the law at the level of our own communities, by being law-abiding citizens and working against systemic corruption. While we talk about creating a worldwide democratic system, let us work towards building well-functioning democratic processes here in our own national and state parliamentary constituencies, through taking the time to make informed voting decisions and interpretations of political news. When we discuss the creation of international institutions to tackle environmental problems, let us not forget our duty to minimise our own environmental impact at home. By thinking in this way, we may all meaningfully relate to the values and aims of the Chief Justices' Conference.