First of all a very good morning to you all. I am indeed happy and privileged to be here this morning.

Before I start my speech, conventionally I am supposed to address the meeting with proper address to dignitaries on the dais Justice Desai, Mr. & Mrs. Gandhi. I have to address also a very good friend of mine who is here today Justice Nasim Hasan Shah, former Chief Justice of Pakistan. And I happen to know him since the year 1986 when I first visited at an International conference on the protection of Intellectual law at Islamabad. Since then we have known, each other and we have been meeting at different places. Judges from aboard, judges from Supreme Court and High Courts of the country, lawyers.

First, I must congratulate the organizers for an all-perfect arrangement. Lucknow traditionally has been a wonderful host and this meet probably proved its excellence. Before I say something about this inaugural meet, I wish to congratulate the organizers. CMS has been a wonderful host. Before I say something about today’s conference and the Inaugural meet I wish to congratulate the students. I haven’t had the good fortune to meet them. The performances which, I have witnessed yesterday and this morning have really, really bewildered me. I am happy, I am proud that in our country, we have gone upto this extent to infuse such a feeling, such a thought in our very very young children and I must congratulate the organizers and the teachers who have been able to do so and ingrain this in their minds.

The theme of the meet today is for a new International and political order vis-a-vis Article 51 of the constitution. Now what does the Article 51 provide for? Part IV of the Constitution deals with directive principles of state policy. The utilities of these directive principles need not be discussed here. But Article 37 has been rather categorical that the provision of part IV shall not be enforceable by the courts. Principles laid down wherein are however fundamental in the governance of the country thus it will be an ardent duty on the part of the state to apply these principles in making the laws that is popularly known as proper and good governance.

The framers of our constitution have brought about a synthesis of fundamental duties and directive principles and they together constitute the conscience of the constitution and form its core. The word ‘conscience’ of the constitution is not my language but the language of the Supreme Court. Recently the Supreme Court of India in the case of Markandaya Vs state of Andhra Pradesh, very lucidly mentioned of such a synthesis between fundamental rights and directive principals of state policy and I quote "By giving the former a place of pride and latter the place of performance."

Article 51 is the last of articles in part IV of the constitution which provides a marginal note in the constitution for promotion of international peace & security. Whereas sub articles (a) & (b) deal with peace, security and good relations between the nations ,51 (c) provides to foster respect for international law and treaty obligations. Sub article (d) encourages settlement of international disputes by arbitration. The specific incorporation of this article thus is to embody the concept of welfare state in the country.

The framers have used an expression ‘to foster respect for international law and treaty obligations’. The word ‘foster’ in common English parlance is a positive expression meaning -to promote growth and development. Sub article (c) should thus be read as an obligation of the state to endeavour to promote growth and development for international law and treaty obligations. It is in this core issue that some amount of discussion came up regarding international law and municipal law. Our Supreme Court in a case has stated that national courts being organs of nation state and not organs of International law must prefer national law if International law conflicts with it but the courts are under an obligation that within legitimate limits to so interpret the municipal statutes so as to avoid confrontation with the committee of nations and of the well established principles of international law. But if a conflict is inevitable the latter must prevail. The fostering of respect for international law however thus has to conform to the observations of the Supreme Court.

As a matter of fact I myself while as a judge of the Calcutta High Court as also judges of the Supreme Court have had to deal with a similar situation and have stated that the development of municipal law having regard to certain constitutional obligations must be aimed at fostering proper spirit, having due regard however to Article 51 of the constitution of India. Presently however the cry all over is one economic order & one political order. Ours is a global village. This particular concept of one economic order, one social order thus is under study.

In one of my speeches at an International meet of ILA on the issue of transfer of technology which has since been published by Nigel Hoffmann from Denmark, I have said that this global village system concept is now gaining ground by reason of which there ought to be a technology bank wherein, wherever there is any development of any technology the same is deposited and the world wide countries would be able to derive the benefit from that technology and there ought not to be any restrictions in that count.

We are all sons of God, there is no difference between a man and a man, one person and another person simply by reason of his birth in particular place on the globe, simply by reason of a particular caste or in a particulate state in this country. We will have to foster a sprit of total human development be it in the darker part of Africa or more sophisticated areas of United States or U.K., Russia, China or Japan. We shall have to work as a man to achieve this otherwise day is not far off, when some section will perish and the other will cherish. Let this conference be the beginning of such a world order to the human race and feel themselves proud enough for their birth and existence.

Thank you

Back