Address by
Hon'ble Mr Jyotindra Mishra
Advocate General of the State of U.P.
Chairman of the Planning Committee of the Conference
[Owing to his official duties out of the City - Lucknow, Mr. Mishra could not attend the Conference.
However, he sent his speech which is printed below ]

 

I feel special joy and pride to witness this international conference in which Hon'ble Chief Justices, Judges, legal luminaries and peace representatives form around the globe are taking part. These luminaries have already accorded their consent for forming a world federation and are now sitting together to reiterate it once again. Who would not feel elated at such occasion where learned judicial minds have gathered to endorse the concept of a new world order for which City Montessori School has been advocating for the last 50 years ever since it was founded on the concept of JAI JAGAT- VASUDHAIV KUTUMBKAM and unity of the globe.

As a harbinger of world peace it is my earnest desire to have a civilized world community, where we all come together to work for the upliftment of downtrodden, provide space and dignity to all citizens of society, where sovereign equality, equal rights and the dignity of the states is maintained. We must adopt the policy of mutual co-operation and understanding and strive towards world peace and harmony so that proliferation of nuclear weapons and their stockpiling that poses severe danger of annihilation of the entire civilization be stopped. Our endeavour must aim at promoting cooperation, coordination and peaceful friendly relation among the members of the world community and to take effective measures for preventing the ominous signals of probable nuclear war and its incredible devastating consequences and to promote creative and constructive consciousness so that peace, security and prosperity of the world community is maintained.

The rampant crises evident from the past experience of two world wars, blatant violation of rule of law, collapse of institutions and hostile environment for human rights, brutalities and atrocities against woman, children, tribal and indigenous people, sheer discrimination on the basis of gender, caste, creed, colour, language, religion and ideology, call for the contempletion and promotion of global peace and world federation.

Therefore, in pursuance of Article 51 of the Indian Constitution, in the year 1979 our country has adopted the International Convenant of Civil and Political Rights and the International Convenants on Economic, Social and Cultural Rights and International convenants on child Rights,1982 and adopted in India in the year 1992, which adopted by the General Assembly of the United Nations on 16 December, 1966. The human rights embodied in the aforesaid Convenants have been substantially protected by our Constitution. The Protection of Human Rights Act, 1993 provides for the constitution of a National Human Right. Commission, State Human Rights Commission in States and Human Rights Courts for better protection of Human Rights.

The framers of Indian Constitution were highly inspired by the ideals of International peace and respect of human rights as embodied in the U.N. Charter and Universal Declaration. Article-1 of the United Nations reads as follows:- 1- "To maintain international peace and security, and to that end, to take effective measures for the prevention and removal of threats to the peace and for the suppression of acts of aggression or other breaches of the peace, and to bring about the peaceful means, and in conformity with the principles of justice and International Law adjustment or settlement of international disputes or situations which might lead to a breach of the peace."

For the achievement of this objective, Indian Constitution engrafted a special provision in Art. 51(c) of the Constitution as a Directive Principle of State Policy, as follows " The State shall endeavour to-

Foster respect for international law and treaty obligations in the dealings of organised people with one another"

It is to be noted that, it is merely a Directive to the State, and not a Supremacy clause and it does not enjoin the justiciable provisions of the Constitution, the major consequences of these features are briefly stated here under.

(a) Notwithstanding Article 51(c), rules of international law or treaties to which India is a party do not automatically become part of the municipal law, so long as the Indian legislature does not enact an appropriate law in this behalf.

But even so, as long as no law to implement the Covenant is enacted by the Indian legislature, courts would try to so interpret and existing Indian statute as to be in consonance with relevant provisions of the Convenant, in so far as that is possible ( Verghese Vs.Bank of Cochin, AIR 1980 S.C 470)

(b) Where a rule of international law has been adopted in an Indian statute, the statute will prevail if it is in consistent with the rule. However the court will attempt to interpret the statute in consonance with international law as far as possible.

(c) The Directive exhorts the government and the Legislature in India to implement the obligations under international law and treaties, but no municipal courts can compel them to do so.

(d) Article 253 empowers the Union Parliament to legislate with respect to State subjects if necessary, to implement international treaties, but the bindingness of a treaty on Indian courts would depend on its effect on private rights.

As we all know the International Conference of Chief Justices of the World is being held at City Montessori School for the last eight years to reiterate and reaffirm the faith of judiciary in a new economic and political order of the world. This is a great achievement for all of us who have got the privilege of participating in this conference. What more privilege it could be than to be amidst great legal minds of the world? May I say that the intellectuals of the world have already declared their intent and stand that they demand a world government without any further loss of time. The very presence of this great judicial fraternity is an endorsement of that stand. Therefore, I feel extremely happy at this momentous conference to repeat judicial brotherhood will not fall on deaf ears. I further hope that the declaration for a world federation will receive the attention of the great powers and all other countries of the world.

I would also like to state here that no further time should be lost in forming a world government. To me the world is already functioning as one political entity because of the inter dependence of countries. It needs no mention that no country in the world can afford to survive by itself without the support of other countries. That is an indirect acknowledgement of a federal system of government. What remains to be done now is to put a formal stamp on the federalism of the globe.

I hope the learned chief justices and other jurists will agree with my views and popularize the concept of a world federation at all forums in their respective countries and also at international forums. With these worlds, I thank the organizing committee for giving me the opportunity of speaking before this world judiciary.

Thank you very much.