Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
Article 51's directive to foster respect for international law informs human rights jurisprudence: Indian courts increasingly refer to international human rights treaties to interpret constitutional provisions, reflecting that constitutional values like dignity, equality are ______, not confined by national boundaries.
- parochial
- universal
- regional
- temporary
Answer: universal
Article 51 global constitutionalism and human rights: (a) Article 51 text: State shall endeavor to: (i) Promote international peace and security, (ii) Maintain just and honorable relations between nations, (iii) Foster respect for international law and treaty obligations, (iv) Encourage settlement of international disputes by arbitration, (b) Universal values rationale: (i) Human dignity: Core constitutional values (dignity, equality, liberty) recognized across legal traditions; not culture-specific but universal human aspirations, (ii) Shared challenges: Global issues (climate change, pandemics, migration) require collective action based on shared values, not narrow nationalism, (iii) Normative influence: International human rights norms enrich domestic constitutional interpretation; foster convergence on rights protection, (c) Judicial integration of international law: (i) Human rights treaties: Courts refer to ICCPR, CEDAW, CRC to interpret Fundamental Rights (e.g., privacy, gender equality, child rights), (ii) Environmental agreements: Paris Agreement, biodiversity conventions inform Indian environmental jurisprudence, sustainable development principles, (iii) Comparative jurisprudence: Courts cite foreign judgments (US, EU, South Africa) to enrich constitutional interpretation, while respecting Indian context, (d) Applications: (i) Puttaswamy (2017): Cited international privacy jurisprudence to recognize privacy as Fundamental Right under Article 21, (ii) Navtej Singh Johar (2018): Referenced international LGBTQ+ rights jurisprudence to decriminalize homosexuality, advance dignity, equality, (iii) Climate litigation: Emerging cases reference international climate agreements, intergenerational equity principles to challenge inadequate climate action, (e) Challenges: (i) Sovereignty concerns: Balancing international commitments with national autonomy requires careful negotiation, constitutional compliance, (ii) Contextual adaptation: International norms require adaptation to Indian social, cultural, legal context; not mechanical transplantation, (iii) Implementation gaps: Domestic capacity, political will affect treaty implementation; require institutional strengthening, public awareness, (f) Illustrates global constitutionalism: Article 51 operationalized through judicial interpretation, legislative implementation; balance between universal values, national context, constitutional identity essential for realizing constitutional vision of just, humane society in interconnected world.