When we say a new world order, the natural question is what do we mean by a new world civilization. Perhaps the creation of a new world order where every one in the world lives in peace, gets his due share, no one remains hungry, each of one of them loves each other and works for the common good of the mankind, free from the threat of the raising wars. This theme, I want to say, is so intrinsic and so dear to our hearts in India that framers of our Constitution have made it a part of our ethos by introducing Article 51(c) to our Constitution. I can not but congratulate Mr Jagdish Gandhiji for highlighting Article 51(c) of the Constitution in this respect by organizing this and previous Conferences.

I may however point out that Article 51(c) is not an isolate provision or a show piece exhibiting our concern for world peace and international order, but is the end result of our constitutional and social ethos which has evolved since the dawn of civilization in our country. Even in the Vedic age our rishis and saints have taught us to treat the entire humanity as one family by the oft quoted words "Vasudhaiv Kutumbakam". The prayer we make to God daily is that let human beings be happy, free from fear and blessed with the bounty of God. And we are told to walk together and think together and unitedly strive for our common good, strive for world peace. It is a part of our cultural heritage. We also pray that let the hearts and minds of all people be friendly towards each other, our hearts be filled with compassion for the universe and also that let the sky be bestowing harmony and peace, let there be peace in horizons and in the entire world, let the herbs and vegetation grant us peace, let peace and harmony prevail in each and every corner of the universe. I am translating this from our daily prayer in Vedas. However in the medieval ages also Mahatma Gautam Buddha preached us, not only to us but the entire humanity, the religion of tolerance and non violence. Down to the modern age, the father of our nation Mahatma Gandhi led us to victory through to the cult of tolerance, peace, harmony and non violence.

Our constitution itself is a product of our long struggle for freedom against the foreign rule. Those were also the days of our worst sort of violence and the strife on this earth. Two successive world wars had been fought dividing the world into two camps. Even after the world wars were over, the world was groaning under the grip of the cold war. Naturally in these circumstances, the greatest challenge faced by the country was to preserve our sovereignty at all cost. Yet founding fathers of our Constitution did not loose sight of the faiths that if the humanity itself is to survive, there has to be a new world order, new world civilization based on peace, harmony and mutual respect for each other’s sovereignty, rights and liabilities amongst the comity of the nations. Hence Article 51 was introduced in the Constitution.

No doubt Article 51 falls part of the directive principles of the state policy, which may not be enforceable in the same manner as the fundamental rights of our citizen, but they surely show the path on which the successive governments in India have to tread on and contain the guidelines which the future legislature of the country has to follow. Many Jurists have therefore taken a similar view towards its utility. For instance, Prof. Weed in his thesis ‘India’s New Constitution’ says that as these principles cannot be enforced in any court, they amount to a little more than a manifesto of aims and aspirations. Likewise Sir Edward Jennings in his article in the ‘Hindu’ daily observed that the directive principles can and best be used for the purpose of political and private criticism but they confer no legal rights and create no legal remedy. It all reads like a political manifesto. I respectfully do not agree with the view. Well when Article 51 is read that in the light of judicial opinion and foreign policy statements of our country it suggests otherwise.

Thus, in a land mark judgment the Supreme Court of India while dealing with the applicability of International conventions to the country, in the case of Vishakha versus State of Rajasthan held that, I quote "in the absence of domestic law occupying the field to formulate the effective measures to check the evil of sexual harassment of the working women at all work places, the contents of international conventions and norms are significant for the purpose of the interpretation of the guarantee of gender equality, right to work with human dignity in the Articles 14, 15 and 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein”. Then it goes on “in any international convention not in consistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and contents thereof, to promote the object of constitutional guarantee regard must be had to the international conventions and norms for construing domestic law when there is no inconsistency between them and there is a void in domestic law”. As early as in the year 1973 in the constitutional judgement in Keshavanand Bharti's case also the Supreme Court underlined the importance of international covenants in interpreting and giving content to the fundamental rights included in part III of our Constitution. Similarly in the string of land mark judgements the Supreme Court has read the provisions of various international conventions into Article 21 and other articles related to fundamental rights.

It would, therefore, appear that using Article 51 as a tool in its hand the Supreme Court has been able to inject into part III of the Constitution vast number of rights flowing from the United Nations Charter, from the various conventions ractified by India and, in particular, the International Convention on Civil and Political Rights 1966 and the Convention on Elimination of all Forms of Discrimination against Women 1979. In fact, as many as 28 items out of 34 rights included in the United Nations Charter for human rights have been included in part III and part IV of the Constitution of India. Thus in the case of S R Bhommai versus Union of India, the Supreme Court has held that the provisions of Covenant which elucidate and go to effectuate the fundamental rights guaranteed by our Constitution can certainly be relied upon by Courts as facets of those fundamental rights and hence enforceable as such.

Article 51 embodies the dream of founding fathers of our Constitution who wanted peace and harmony in the world. They were keen to incorporate whatever was the best in the interest of our nation. At the same time they also had to safeguard against over enthusiasm of legislatures lest in their zeal they compromise on the basic integrity of our country and incorporate or retify conventions which we neither need nor can afford due to complex and intricate character of our nation. Therefore, the Constitution envisages a goal for legislature in the form of Directive Principles of State Policy. Article 51 is one such goal and a tool to fulfil this goal is in the form of enabling powers of parliament under article 253 read with entry 14 of Union List in the 7th schedule of our Constitution.

Again, in the case of People’s Union for Civil Liberties versus Union of India, the Supreme Court referred to Article 17 of the International Convenant on Civil and Political Rights 1966 and Article 12 of the Universal Declaration of Human Rights 1948, so as to derive from Article 21 a right to privacy in India. The court observed in this connection, I quote, “International law today is not confined to regulating the relations between the states but the scope continues to extend. Today's matter of social concern such as health, education and economics, apart from human rights, fall within the ambit of International regulations. International law is more than ever aimed at individuals.” It is almost an accepted proposition of law that the rules of customary international law which are not contrary to the municipal law shall be deemed to be incorporated in the domestic law. All these would indicate the pre-eminent position that the Article 51(c) of the Constitution enjoys in this country fostering respect for international laws and treaty obligations with one another. This has resulted in the international law being injected into domestic law with the Constitution being classified as municipal law for this purpose. As a result through a very proactive judiciary which has utilized interpretative skill by utilising the provisions of Article 51 for extending vast rights of the people and expanding the existing rights by giving effect to the international conventions which it has ratified, though no municipal law has been enacted to implement these treaties.

The demand for a world parliament and an enforceable international law has been raised by the eminent thinkers, philosophers and human rights activists from time to time has often been dismissed by powerful nations as an utopia. But then even the need for League of Nations or present day's United Nations was considered to be so, that is an utopia, even in 19th and early 20th century, but they had become a living reality. However, in the words of Dr. Radhakrishnan, Former President of India "The world has got together as a body, it is groping for a soul. Almost ten years before at New York city, the lawyers of the world had gathered on the occasion of 50th anniversary of the founding of the United Nations in which I had the privilege to represent India. The International Jurist Conference deliberated over strengthening of International Court of Justice and make it an effective instrument of enforceable international law and making INTERPOL etc. its organs for the purpose. There we have made a number of suggestions which are now gaining attention of the international community. However, time is very short, hence I would seek permission to sum up my submission by invoking at this juncture a famous Chinese proverb to the effect that ‘in the pitch dark even if you cannot light hundred candles, light just one and you will be diffusing darkness’. The humanist therefore, need not to be dejected and need not give up their efforts to develop the present world forum available, namely, the United Nations into a future world parliament and to create a new world order or civilization based on peace, equality and justice to all.

The endeavour of the convenor of the present conference Mr. Jagdish Gandhi, the Founder Manager of CMS has atleast lit one such candle which may serve as a lighthouse to the entire humanity in future. And I therefore, congratulate him for the same. I also profusely thank Smt. Bharti Gandhi and her team for giving me this opportunity. I wish the conference all success.