The principle of locus standi is an age old one that forms the basis of any action in a court of

law. Locus standi is a Latin phrase meaning place to stand. It refers to whether or not someone
has the right to be heard in court. People may use the term standing or legal standing to
describe this concept. In her book entitled Locus Standi, Australian jurist Leslie Stein defines it
as: the existence of a right of an individual or group of individuals to have a court enter
upon an adjudication of an issue before that court by proceedings instigated by the individual
or group.
A number of factors can influence locus standi for a given person or situation and legal standing
can vary depending on the level of the court as well. This expression applies to people who want
to bring suits, individuals who want to address the court, and people who want to be heard in the
court. As a general rule, a person has locus standi in a given situation if it is possible for such a
person to show that the issue at hand causes him harm and that an action undertaken by the court
could redress that harm. If these conditions cannot be satisfied, the court may determine that an
individual has no locus standi and it will not review it. Lord Denning in R v. Paddington said:
The court would not listen, of course, to a mere busybody who was interfering in things which
did not concern him. But it will listen to anyone whose interests are affected by what has been
done.
For instance, imagine that a citizen wants to challenge a law. The citizen must first show that he
or she is experiencing harm as a result of the law. This means that people cannot, in other words,
challenge laws just on the principle of the matter or because they think that those laws might
harm other people. These individuals must also be able to show that the court could take
corrective action such as changing the law. When the case is filed, the court could determine that
the citizen does indeed have locus standi and such a case will be heard.

RES JUDICATA means "a thing decided" in Latin. It is a common law doctrine meant to
bar re-litigation of cases between the same parties in Court. Once a final judgment has
been handed down in a lawsuit subsequent judges who are confronted with a suit that is
identical to or substantially the same as the earlier one will apply res judicata to preserve
the effect of the first judgment. This is to prevent injustice to the parties of a case
supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the
court system. Res judicata does not merely prevent future judgments from contradicting
earlier ones, but also prevents them from multiplying judgments, so a prevailing plaintiff
could not recover damages from the defendant twice for the same injury.
Res judicata includes two related concepts: claim preclusion, and issue preclusion (also
called collateral estoppel), though sometimes res judicata is used more narrowly to mean
only claim preclusion. Claim preclusion focuses on barring a suit from being brought again
on a legal cause of action that has already been finally decided between the parties. Issue

preclusion bars the re-litigation of factual issues that have already been necessarily
determined by a judge or jury as part of an earlier claim. It is often difficult to determine
which, if either, of these apply to later lawsuits that are seemingly related, because many
causes of action can apply to the same factual situation and vice versa. The scope of an
earlier judgment is probably the most difficult question that judges must resolve in
applying res judicata. Sometimes merely part of a subsequent lawsuit will be affected, such
as a single claim being struck from a complaint, or a single factual issue being removed
from reconsideration in the new trial.
Res judicata does not restrict the appeals process, which is considered a linear extension of
the same lawsuit as it travels up (and back down) the appellate court ladder. Appeals are
considered the appropriate manner by which to challenge a judgment rather than trying to
start a new trial, and once the appeals process is exhausted or waived, res judicata will
apply even to a judgment that is contrary to law.
However, there are limited exceptions to res judicata that allow a party to attack the
validity of the original judgment, even outside of appeals. These exceptions--usually called
collateral attacks--are typically based on procedural or jurisdictional issues, based not on
the wisdom of the earlier court's decision but its authority or competence to issue it. A
collateral attack is more likely to be available (and to succeed) in judicial systems with
multiple jurisdictions, such as under federal governments, or when a domestic court is
asked to enforce or recognize the judgment of a foreign court.
When a subsequent court fails to apply res judicata and renders a contradictory verdict on
the same claim or issue, if a third court is faced with the same case, it will likely apply a
"last in time" rule, giving effect only to the later judgment, even though the result came out
differently the second time. This situation is not unheard of, as it is typically the
responsibility of the parties to the suit to bring the earlier case to the judge's attention, and
the judge must decide how broadly to apply it, or whether to recognize it in the first place.
Public Interest Litigation, in simple words, means, litigation filed in a court of law, for the
protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional
hazards etc.Public Interest Litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large. Although, the main and only
focus of such litigation is only "Public Interest" there are various areas where a Public
Interest Litigation can be filed. For e.g.
# Violation of basic human rights of the poor
# Content or conduct of government policy
# Compel municipal authorities to perform a public duty.
# Violation of religious rights or other basic fundamental rights.

Res Judicata As Defined Under Code of Civil Procedure,

1908
Section 11 of the Code of Civil Procedure embodies the doctrine of res judicata or the rule
of conclusiveness of a judgement,

as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit
between the same parties. It enacts that once a matter is finally decided by a competent
court, no party can be permitted to reopen it in a subsequent litigation. In the absence of
such a rule there will be no end to litigation and the parties would be put to constant
trouble, harassment and expenses. The doctrine has been explained in the simplest possible
manner by Das Gupta, J., the principle of Res Judicata is based on the need of giving a
finality to the judicial decisions. What it says is that once a res judicata, it shall not be
adjudged again. Primarily it applies as between past litigation and future litigation. When a
matter- whether on a question of fact or a question of law has been decided between two
parties in one suit or proceeding and the decision is final, either because no appeal was
taken to a higher court or because the appeal was dismissed, or no appeal lies, neither party
will be allowed in a future suit or proceeding between the same parties to canvas the matter
again.

Section 11 of the Code of Civil Procedure, 1908 defines Res

Judicata as:
No Court shall try any suit or issue in which the matter directly and substantially in issue
has been directly and substantially in issue in a former suit between the same parties, or
between parties under whom they or any of them claim, litigating under the same title, in a
Court competent to try such subsequent suit or the suit in which such issue has been
subsequently raised, and has been heard and finally decided by such Court.
Explanation I: The expression "former suit" shall denote a suit which has been decided
prior to the suit in question whether or not it was instituted prior thereto.
Explanation II. For the purposes of this section, the competence of a Court shall be
determined irrespective of any provisions as to a right of appeal from the decision of such
Court.
Explanation III. The matter above referred to must in the former suit have been alleged by
one party and either denied or admitted, expressly or impliedly, by the other.
Explanation IV. Any matter which might and ought to have been made ground of defence
or attack in such former suit shall be deemed to have been a matter directly and
substantially in issue in such suit.
Explanation V. Any relief claimed in the plaint, which is not expressly granted by the
decree, shall, for the purposes of this section, be deemed to have been refused.
Explanation VI. Where persons litigate bona fide in respect of public right or of a private
right claimed in common for themselves and others, all persons interested in such right
shall, for the purposes of this section, be deemed to claim under the persons so litigating.
Explanation VII. The provisions of this section shall apply to a proceeding for the execution
of a decree and reference in this section to any suit, issue or former suit shall be construed

as references, respectively, to proceedings for the execution of the decree, question arising
in such proceeding and a former proceeding for the execution of that decree.
Explanation VIII. An issue heard and finally decided by a Court of limited jurisdiction,
competent to decide such issue, shall operate as res judicata in as subsequent suit,
notwithstanding that such Court of limited jurisdiction was not competent to try such
subsequent suit or the suit in which such issue has been subsequently raised. The doctrine
of res judicata is based on three maxims
(a) Nemo debet lis vaxari pro eadem causa (no man should be vexed twice for the same
cause)
(b) Interest republicae ut sit finis litium ( it is in the interest of the state that there should be
an end to a litigation); and
(c) Re judicata pro veritate occipitur (a judicial decision must be accepted as correct)
As observed by Sir Lawrence Jenkins, the rule of res judicata, while founded on account of
precedent, is dictated by a wisdom is for all times
Referring to the opinion of the Judges expressed in 1776 in the Duches of Kingston's Case
(2 Smith's L.C. 13th edn. 644, 645.) to which reference has been invariably made in most of
the cases by the Indian courts.
It was said in that case:
"From the variety of cases relative to judgments being given in evidence in civil suits, these
two deductions seem to follow as generally true : first the judgment of a Court of
concurrent jurisdiction, directly upon the points, is as a plea, a bar, or as evidence
conclusive, between the same parties, upon the same matter, directly in question in another
Court; secondly that the judgment of a Court of exclusive jurisdiction, directly upon the
point, is, in like manner, conclusive upon the same matter, between the same parties,
coming incidentally in question in another Court, for a different purpose. But neither the
judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came
collaterally in question, though within their jurisdiction, nor of any matter incidentally
cognizable, nor of any matter to be inferred by argument from the judgment."
Section 11 contains the rule of conclusiveness of the judgment which is based partly on the
maxim of Roman Jurisprudence "Interest reipublicaeut sit finish litium" (it concerns the
State that there be an end to law suits) and partly on the maxim "Nemo debet lis vexari pro
una at eadem causa" (no man should be vexed twice over for the same cause). The section
does not affect the jurisdiction of the Court but operates as a par to the trial of the suit or
issue, if the matter in the suit was directly and substantially in issue (and finally decided) in
the previous suit between the same parties litigating under the same title in a Court,
competent to try the subsequent suit in which such issue has been raised.
In CORPUS JURIS (vol. 34, p. 743), it has been stated: Res Judicata is a rule of universal
law pervading every well regulated system of jurisprudence and is put upon two grounds,
embodied in various maxims of the common law; the one, public policy and necessity,
which makes it to the interest of the state that there should be an end to litigation; the
other, the hardship to the individual that he should not be vexed twice for the same cause.

Thus, this doctrine of res judicata is a fundamental concept based on public policy and
private interest. It is conceived in the larger public interest, which requires that every
litigation must come to an end. It therefor, applies to civil suits, execution proceedings,
arbitration proceedings, taxation matters, writ petitions, administrative orders, interim
orders, criminal proceedings, etc.
An ordinary litigation being a party or claiming under a party of a former suit cannot
avoid the applicability of section 11 of CPC as it is mandatory except on the ground of
fraud or collusion as the case may be. Res Judicata in fact means Thing which had been
adjudged the essential ingredients of which are to be considered while deciding whether a
particular judgment operated as res judicata or not be postulated as follows:
# Matter which was directly and substantially in issue in former suit must be directly and
substantially issue in the subsequent suit also.
# Both the former and subsequent suit should have been between the parties or between the
parties litigating under some titles.
# The former suit should have been decided by competent court which can try subsequent
suit also.
# Any matter, which might and ought to have been made a ground of defence or attack in
such former suit shall be deemed to have been a matter directly and substantially in issue
in each suit.
The onus of proof lies on the party relying on the theory of res judicata.

SECTION 11 OF CPC IS MANDATORY

The provisions of section 11 of CPC are not directory but mandatory. The judgment in a
former suit can be avoided only by taking recourse to section 44 of the Indian Evidence Act
on the ground of fraud or collusion. Where several defendants are there, in a suit the
collusion of one of them alone is not enough to avoid the operation of rule of res judicata.
Gross
negligence
is
different
from
fraud
and
collusion.
The provisions of section 11 of the Code are mandatory and the ordinary litigant who
claims under one of the parties to the former suit can only avoid its provisions by taking
advantage of section 44 of the Indian Evidence Act which defines with precision the
grounds of such evidence as fraud or collusion. It is not for the court to treat negligence or
gross negligence as fraud or collusion unless fraud or collusion is the proper inference from
facts. Other factors in exception to section 11 being present must be litigating bona fide and
the fulfillment of this is necessary for the applicability of the section. The above ratio
decidendi was laid down in Jallur Venkata Seshayya v. Thadviconda Koteswara Rao. This
representative suit was brought by some persons on behalf of public interest for declaring
certain temples public temples and for setting aside alienation of endowed property by the
manager thereof. A similar suit was brought some years ago by two persons and the suit

was dismissed on the grounds that the temples were private temples and the property
endowed to the temple being private endowment, the alienation thereof were valid. The
plaintiffs admitted that they could be deemed to be persons claiming under the plaintiffs in
prior
suit
and
the
issue
in
both
the
suits
was
same.
It was contended however by them that finding in the prior suit could not be res judicata as
against them in as much as there was gross negligence on the part of the plaintiffs in that
suit in not producing the documents necessary for the decision of the suit in their favour
and in not placing their evidence before the Court and Privy Council held that no case of
fraud apart from collusion being suggested, the plaintiffs, were bound to establish either
that the decree in prior suit was obtained by collusion between the parties or that the
litigation by the plaintiffs in prior suit was not bona fide. The plaintiffs based their case
entirely on inferences to be drawn from alleged gross negligence on the part of the plaintiffs
in the prior suit. The finding of gross negligence by the Trial Court was far from a finding
of intentional suppression of the documents which would amount to want of bona fide or
collusion on the part of the plaintiffs in prior suit. There being no evidence in the suit
establishing either want of bona fide of collusion on the part of plaintiffs as res judicata.
In Beliram & Brothers and Others v. Chaudari Mohammed Afzal and Others it was held
that where it is established that the minors suit was not brought by the guardian of the
minors bona fide but was brought in collusion with the defendants and the suit was a
fictitious suit, a decree obtained therein is one obtained by fraud and collusion within the
meaning of section 44 of the Indian Evidence Act, and does not operate res judicata. The
principle of res judicata in section 11 CPC is modified by section 44 of the Indian Evidence
Act, and the principles will not apply if any of the three grounds mentioned in Section 44
exists. General principles cannot be applied in a way making section 11 CPC nugatory.
In Sarla Bala Devi v. Shyam Prasad Chatterjee, thee Division Bench of Calcutta High
Court
held:
It is undoubtedly true that the principles of res judicata apply to proceedings other than
suits including proceedings in execution. It must be taken as held by the Supreme Court
that the principles of constructive res judicata are also applicable to execution proceedings.
But the conditions of applicability of the principles of res judicata actual or constructive
contained in section 11 CPC must be complied within such cases as far as possible. It is not
the law that when a court applies the principles analogous to res judicata that court can
override
the
conditions
specified
in
section
11
CPC.
The Calcutta High Court in fact followed an earlier decision of the same court in Abinash
Chandra v. Madhusudan Majumdar and another, section 11 does not codify or crystallize
the entire law regarding the doctrine res judicata. It deals with some of the circumstances
under which a previous decision will operate as res judicata but not with all. Where

circumstances other than provided for in section 11 exists the general principle underlying
the rule of res judicata may be invoked in proper cases without recourse to the provision to
the provisions of that section. But obviously it does not follow that the provision of section
11 may be flouted or overridden or that the prohibitions or reservation express or implied
in that section may be ignored by reference to general principles of res judicata in a case to
which
section
11
applies.
The general principles of res judicata cannot be invoked in a case when the court which
tried the first suit had no jurisdiction to try the subsequent suit in as much as section 11 is
explicit on this point and hence a former decision by court of small causes will not operate
res juducata. The decision on an issue by a court of inferior jurisdiction does not operate as
a bar to the trial of the issue by a court of superior jurisdiction in a subsequent suit but the
correctness of this view is doubtful now in view of the Amending Act of 1976.
In this case the majority of their Lordships of the supreme Court held that the provisions
of section 11 CPC are not exhaustive with respect to an earlier decision operating as res
judicata between the same parties on the same matter in controversy in a subsequent suit
and on general principles of res judicata, any previous decision on a matter of controversy
decided after full contest or after affording fair opportunity to the parties to prove their
case by a court competent to decide it will operate as res judicata in a subsequent regular
suit. The general provisions of res judicata are wider than the provisions of section 11 CPC
and also apply to cases not coming within the four corners of the section but if the case fails
within the terms of section 11 CPC conditions of the section must be strictly complied with.
The general principles of res judicata are applicable where the previous decisions has not
been given in a civil suit though a plea of res judicata is raised in a subsequent civil suit but
where both the proceedings are civil suits the general principles of res judicata have no
application and the case must be confined to the four corners of section 11 CPC.

JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS AND

PRINCIPLES
Introduction
Administrative law recognized as a separate branch of legal discipline in the middle of
the 20th century in India. Today, the administration plays important role and impinges
freely and deeply on every aspect of an individuals life. So, administrative law has
become a key area for study and research. Administrative law is dharma, which conduces
to the steadiness and growth of the society and the maintenance of social order and
welfare of mankind and liberty. It gives the administrative powers to achieve the basic
aim of any civilized society that is growth with liberty. Administrative law has

remarkable social function to carry out. Without appropriate administrative law any
society would die. Administrative law is body of reasonable limitations and affirmative
action parameter, which are developed, and operationalised by the legislature and the
courts to maintain and sustain a rule of law society. The establishment of administrative
law is recognized as, to check, abuse or detournment of administrative power, to
guarantee the citizens an impartial determination of their disputes by officials, to protect
them from unauthorized encroachment on their rights and interest, and to make those who
exercise public power accountable to the people. According to Prof. Upendra Baxi,
Administrative Law is a study of the pathology of power in a developing society.
Accountability of the holders of public power for the ruled is thus the focal point of this
formulation is the basic expectation in a rule-of-law society is that holders of public
power and authority must be able to publicly justify their action as legally valid and
socially wise and just. Therefore, administrative law is one part of this valiant enterprise
of accountability. Legislators go to polls periodically, errant judges could be impeached,
and bureaucrats are responsible to the elected politicians. These forms of general
accountability become very feeble in any developing society because of poverty illiteracy
and ignorance of the masses. The study of administrative law presumes special
significance in any developing society for the development of more specific forms of
responsibility. Normally administrative law is defined as that branch of public law, which
Electronic copy available at: http://ssrn.com/abstract=1104955

2
deals with the organization and powers of administrative and quasi-administrative
agencies and prescribes principles and rules by which an official action is reached and
reviewed in relation to individual liberty and freedom. Administrative law is primarily
concerns with the official action, which is related to the rule-making action, adjudicatory
action, and rule-application action. Beside these, the actions that are incidental to the
main action are covered within its study. The incidental actions may be investigatory,
supervisory, advisory, declaratory and prosecutory.
Administrative law also includes the control mechanism by which the administrative
agencies are kept within bounds and made effective in the service of the individuals. This
control mechanism is technically called the review process. An administrative action is
controlled by courts through the writs of habeous corpus, mandamus, certiorari,
prohibition and quo warranto, courts exercising ordinary judicial powers through suits,
injunctions and declaratory actions, higher administrative authorities. Easy access to
justice provides an effective check on bureaucratic adventurism in the exercise of public
power. If the access to justice is easy and quick it can deter administrative
instrumentalities from developing an attitude, which has been termed as fly-now-paylater
1. Access to Justice includes procedural facility like, speedy, inexpensive and less
formalistic, legal aid, availability of advocates for public interest litigation, intellectual
capacity of the party and active participation of the judges.
The research of administrative law is not an end in itself, but a means to an end. The focal
point of the study of administrative law is the reconciliation of power with liberty. When
the administrative law process started rising after the death of laissez-faire at the birth of
the twentieth century, the stress on the study of administrative law was on
circumscription of administrative powers. The paradox of the twentieth century in the
form of government is the prolific growth in the powers of the State, which on the one
hand is necessary for the promotion of human liberty and freedom, but on the other hand
threatens to endanger individual freedom. Therefore, the administrative law is to evolve
1 See

Introduction by Prof Baxi, supra

3
certain principles and rules by which an ideal equilibrium between the powers of the
administration and the dictates of the individual liberty can be sustained.
Administrative law specialists in England and India mainly focus their attention on
various aspects of judicial control of administrative decisions and actions. In the study of
such topics as tribunals and enquires the emphasis is likely to be between these
institutions and the courts as alternative methods of controlling administrative action.
These specialists rarely delve into administrative process itself to consider how
government departments and other administrative agencies actually operate or how and
why their procedures and structures differ from the judicial model of decision-making or
how the administrative process could be made more effective and efficient by reform
from within.
Constitutional Law and Administrative Law
According to Holland, the constitutional law describes the various organs of the
government at rest, while administrative law describes them in motion. 2 Therefore
according to him, the structure of the legislature and the executive comes within the
purview of the constitutional law but their functioning comes within the sphere of
administrative law. Jennings view that administrative law deals with the organization,
functions, powers and duties of administrative authorities while constitutional law deals
with the general principles relating to the organization and powers of the various organs
of the State and their mutual relationships and relationship of these organs with the
individual.3 In other words, constitutional law deals with the fundamentals while
administrative law deals with the details.
In countries which have written constitutions, the difference between constitutional law
and administrative law is not so blurred as it is in England. In such countries the source of
constitutional law is the Constitution while the source of administrative law may be
2 Holland:

Constitutional Law of English, 1st Ed. P. 506

Law and the Constitution, 5th Edn. P. 217

3 Jennings:

4
statutes, statutory instruments, precedents and customs. Whatever may be the arguments,
the fact remains that today administrative law is recognized as a separate, independent
branch of the legal discipline though at times the disciplines, of constitutional law and
administrative law may overlap. The correct position seems to be that if one draws two
circles of administrative law and constitutional law, at a certain place they may overlap
and this area may be termed as the watershed in administrative law. In India, in the
watershed one can include the whole control mechanism provided in the Constitution for
the control of administrative authorities, i.e., under Articles 32,136, 226,227,300, and
311. It may also include the study of those administrative agencies, which are provided
for by the constitution itself, i.e., Inter-State Council (Article 263); Finance Commission
(Article 280); Inter-State Water Dispute Authority (Article 262) etc. It may further
include the study of constitutional limitations on delegation of powers to the
administrative authorities and also those provisions of the Constitution, which place
fetters on administrative action, i.e., Fundamental Rights.
Judicial Review and Administrative Actions
Judicial review is an essential component of the rule of law, which is a basic feature of
the Indian Constitution. The Judiciary is separate and Independent and vast powers are
conferred on Judiciary to adjudicate the disputes, entail fines & penalties, and foremost,
the interpretation of law. It is a courts authority to review the actions of other branches
or levels of government, concerning to the courts power to invalidate legislative and

executive actions as being unconstitutional. This is the Superior Courts review of a

lower court or an administrative bodys honest or legal answers. It was in L. Chandra
Kumar v Union Of India4, as there was a light on the short inclusive definition of the
Judicial Review where the Honble Supreme Court stated that, Definition of judicial
review in the American context is, subject to a few modifications, equally applicable to
the concept as it is understood in Indian Constitutional Law. Broadly speaking, judicial
review in Indian comprises three aspects: judicial review of legislative action, judicial
review of judicial decisions and judicial review of administrative action.
4 AIR

1997 SC 1125; 1997 (2) SLR (1) SC,1997 Lab IC 1069 (SC)

5
The Honble Supreme Court of India expressly elaborated the Judicial Review over
legislative actions in L. Chandra Kumar case, The constitutional Safeguards which
ensure the independence of the Superior Judiciary are not available to the judges of the
subordinate judiciary or to those tribunals created by ordinary legislations. Consequently,
judges of the latter category can never be considered full and effective substitutes for the
superior judiciary in discharging the function of constitutional interpretation. Therefore,
the power of judicial review over legislative actions vested in High Courts under Art 226
and in Supreme Court under Art 32 of the Constitution is an integral and essential feature
of the constitution, constituting part of its basic structure. The power of Supreme Court
and the High Courts to check the constitutional validity of legislations can never be
excluded. The remedy for the tribunals was to appeal under Article 136 of the
Constitution through a Special Leave Petition.
Administrative agency will come under the governmental authority, which is not a court
or a legislative body, which affects the right of private parties through adjudication,
rulemaking, investigating, prosecuting, negotiating, settling, or informally acting. An
administrative agency can be called a commission, board, authority, bureau, office,
officer, administrator, department, corporation, administration, division or agency. When
the President, or a Governor, or a Municipal Governing body exercises authority of
adjudication or rulemaking, it is to that position an administrative agency.
The administration is playing an essential and significant role in designing and
influencing the socio-economic order. The authority in administrative functionaries and
the agencies are resulting in maladministration and the corruption. By the exploitation of
power or misuse of power, the administration forgets and disregards the individuals
rights. Wheare in his works5 observed: It is not eccentric to conclude that if there is
more administration, there will be more maladministration. Growing administrative
illegality has increased court dockets with cases demanding judicial review of
administrative action.
5 Maladministration

and its remedies, 3 1973

6
The courts in India are given extraordinary powers to control and review the
administrative actions. The Courts are playing the creative role in order to protect the
relations of the growth and development of administrative law. The scope of Judicial
Review and the domain of the courts are handful, where it looks for the specific issues to
give shape to the principles by which the administrative functioning can be regulated. In
B.A.L.C.O. Employees Union (regd.) v. Union of India quoted 6 wherein it observed, "It
is evident that it is neither within the domain of the courts nor the scope of the judicial
review to embark upon an enquiry as to whether a particular public policy is wise or
whether better public policy can be evolved. No are our courts inclined to strike down a
policy at the behest of a petitioner merely because it has been urged that a different

policy would have been fairer or wiser or more scientific or more logical" and stated, In
examining a question of this nature where a policy is evolved by the Government judicial
review thereof is limited. In the statute, when policy according to which or the purpose
for which discretion is to be exercised is clearly expressed, which cannot be alleged to be
an unrestricted discretion. The matters affecting policy and requiring technical expertise
Court could leave the matter for decision of those who are qualified to deal with the
issues. Unless the policy or action is inconsistent with the Constitution and the laws or
arbitrary or irrational or abuse of the power, the Court will not interfere with such
matters.
The judicial review's efficacy exists because it is very flexible, and when a statute does
not confer a review or appeal, judicial review's inherent flexibility provides the citizen
with a remedy where one might otherwise not exist. However, judicial review will not
normally be permitted if there is alternative appellate provision. 7
6 (2002)
7R

35 SCL.182
v. Brighton Justices, Exparte Robinson (1973) 1WLR 69.

The Role Of Writs In The Administrative Law

Administrative law has greatly demarcated the checks, balances and permissible area of an
exercise of power, authority and jurisdiction over administrative actions enforced by the any
State, Governmental agencies and instrumentalities defined under Article 12 of the Constitution
of India. And the judiciary is dynamically carving the principles and exceptions, while making
the judicial review of administrative actions.
The administrative law is that branch of law that keeps the governmental actions within the
bounds of law or to put it negatively, it prevents the enforcement of blatantly bad orders from
being derogatory.
The Courts have constantly tried to protect the liberties of the people and assume powers under
the Constitution for judicial review of administrative actions. The discretionary powers have to
be curbed, if they are misused or abused. The socio-politic Institution need not cry, if the courts
do justice and perform the substantial role. That is the essence of justice. It is submitted, the
trend is to read the social justice and to translate in reality. The welfare State has to discharge its
duty fairly without any arbitrary and discriminatory treatment to the people in the country. If
such powers come to the notice of the Courts, the courts have raised the arms consistently with
the rule of law. Today the Government is the provider of social services; new form of property
like jobs, quotas, licenses and mineral rights etc. The dispenser of special services cannot
therefore act arbitrarily. Courts laid the standard of reasonableness in Governmental action.

Origin of Writs
The origin of writs can be drawn from the English Judicial system and were created with the
development of English folk courts-moots to the common law courts . The law of writs has its
origin from the orders passed by the Kings Bench in England. Writs were issued on a petition
presented to the king in council and were considered as a royal order. Writs were a written order
issued in the name of the king which acted as groundwork for the subsequent proceedings.
However, with different segments writs took various forms and names. The writs were issued by
the crown and in the interest of the crown but with the passage of time it became available for
ordinary citizens also. However a prescribed fee was charged for it and the filing of these writs
were known as Purchase of a writ.
Historical Background
The origin of writs in India goes back to the Regulating Act, 1773 under which Supreme Court
was established at Calcutta. The charter also established other High courts and these High Courts
had analogous power to issue writs as successor to the Supreme Court. The other courts which
were established subsequently did not enjoy this power. The writ jurisdiction of these courts was
limited to their original civil jurisdiction which they enjoyed under section 45 of the Specific
Relief Act, 1877.
Writs
o Certiorari
Certiorari is a Latin term being in the passive form of the word Certiorare meaning to inform. It
was a royal demand for information. Certiorari can be described as one of the most valuable and
efficient remedies. Certiorari is one of the five prerogative writs adopted by the Indian
Constitution under Article 226 which would be enforced against the decisions of the authority
exercising judicial or quasi judicial powers. Such powers are exercised when the authorities have
failed to exercise the jurisdiction though vested in it or failed to exercise the jurisdiction though
vested on him or to correct the apparent error on the face of record or there is violation of the
principle of natural justice. An instance showing the certiorari powers was exercised by the
Honble Supreme court in A.K.Kraipak v. Union of India , where the selection was challenged on
the ground of bias. The Supreme Court delineated the distinction between quasi judicial and
administrative authority. The Supreme Court exercising the powers issued the writ of Certiorari
for quashing the action.
o Prohibition
The writ of Prohibition is issued by the court exercising the power and authorities from
continuing the proceedings as basically such authority has no power or jurisdiction to decide the
case. Prohibition is an extra ordinary prerogative writ of a preventive nature. The underlying
principle is that prevention is better than cure . In East India Commercial Co. Ltd v. Collector
of Customs , a writ of prohibition is an order directed to an inferior Tribunal forbidding it from

continuing with a proceeding therein on the ground that the proceeding is without or in excess of
jurisdiction or contrary to the laws of the land, statutory or otherwise.
o Mandamus
Mandamus is a judicial remedy which is in the form of an order from a superior court to any
Government agency, court or public authority to do or forbear from doing any specific act which
that body is obliged to do under the law . The writ of mandamus is issued whenever the public
authorities fail to perform the statutory duties confirmed on them . Such writ is issued to perform
the duties as provided by the state under the statute or forbear or restrain from doing any specific
act. The first case reported on the writ of mandamus was the Middletone case in 1573 wherein a
citizens franchise was restored. The writ of mandamus can be issued if the public authority
vested with power abuses the power or acts mala fide to it. In Halsburys Laws of England , it is
mentioned that,
As a general rule the order will not be granted unless the party complained of has known what it
was required to do, so that he had the means of considering whether or not he should comply,
and it must be shown by evidence that there was a distinct demand of that which the party
seeking the mandamus desires to enforce and that that demand was met by a refusal.
o Quo Warranto
Quo Warranto means by what warrant or authority. Quo Warranto writ is issued against the
person of public who occupies the public seat without any qualification for the appointment. It is
issued to restrain the authority or candidate from discharging the functions of public office. In
University of Mysore v. Govinda Rao,12 the Supreme Court observed that the procedure of quo
Warrato confers the jurisdiction and authority on the judiciary to control executive action in
making the appointments to public offices against the relevant statutory provisions; it also
protects a citizen being deprived of public office to which he may have a right.
o Habeas Corpus
The Latin term Habeas Corpus means have the body. The incalculable value of habeas corpus
is that it enables the immediate determination of the right of the appellants freedom . The writ
of Habeas Corpus is a process for securing liberty to the party for illegal and unjustifiable
detention. It objects for providing a prompt and effective remedy against illegal restraints. The
writ of Habeas Corpus can be filled by any person on behalf of person detained or by the
detained person himself. It is a judicial order issued by Supreme Court or High Court through
which a person confined may secure his release. The writ of Habeas Corpus can be filed by any
person on behalf of the other person. In Icchu Devi v. Union of India , the Supreme Court held
that in a case of writ of Habeas corpus there are no strict observances of the rules of burden of
proof. Even a post card by any pro bono publico is satisfactory to galvanize the court into
examining the legality of detention. In A.D.M. Jabalpur v. Shivakant Shukla , it was observed
that the writ of Habeas Corpus is a process for securing the liberty of the subject by affording an

effective means of immediate relief from unlawful or unjustifiable detention whether in prison or
private custody. By it the High Court and the judges of that court at the instance of a subject
aggrieved command the production of that subject and inquire into the cause of his
imprisonment. If there is no legal justification for that detention, then the party is ordered to be
released.
Constitutional provisions
The makers of the Constitution have adopted the English remedies in the Constitution under
Articles 32 and 226. There has been specifically made provisions in the Constitution which
empowers the Supreme Court and High Courts to issue writs in the nature of Habeas Corpus,
Mandamus, Prohibition, Quo Warranto and Certiorari. The fundamental rights which are
inalienable sacrosanct in nature and character which were conceived in national and public
interest could be illusory if there is no constitutional machinery provided for its enforcement.
Unless such constitutional remedies for its enforcement is not provided the rights guaranteed by
part III of the Constitution cannot be ever implemented by the citizens. Article 32 contained in
Part III is itself a fundamental right given to the person under the Constitution. Similarly Article
226 of the Constitution is conferred on the High Courts to exercise its prerogative writs which
can be issued against any person or body of person including the government. The distinction
between the two remedies is very negligible. The remedy under Article 32 is confined to
enforcement of fundamental rights whereas Article 226 is available not only against the
enforcement of fundamental rights but also for any other purpose. Thus the constitution provides
the discretionary remedies on the High Court and the Supreme Court. In the absence of the
provisions of such remedies no one can enforce its rights given. Thus wherever there is a right
there must be a remedy for it. Thus it should satisfy the maxim, ubi jus ibi remedium.
One of the principle makers of the constitution, Dr. Ambedkar has given the prime importance to
Article 32 among all other articles from the Indian Constitution. He has referred that, It is the
very soul of the Constitution and the very heart of it .
In Devilal v. STO , it has been marked that,
There can be no doubt that the Fundamental Rights, guaranteed to the citizens are a significant
feature of our Constitution and the High Courts under Article 226 are bound to protect these
Fundamental Rights.
Justice Subbarao in the case of Basheshwar Nath v. Commissioner, Income Tax ,stated that,
A large majority of people are socially poor educationally backward and politically yet not
conscious of their rights, cannot be pitted against the state or the institution or they cannot be put
on equal status with the state or large organisations. The people are requires to be protected from
themselves. It is therefore the duty of the court to protect their rights and interests. Fundamental

rights are therefore transcendental in nature and created and enacted in national and public
interest and therefore they cannot be waived.
In Daryao v. State of U.P. , it was held that the right to obtain a writ must equally be a
fundamental right when a petitioner presents the case. Thus, it cannot merely be considered as an
individuals right to move the Supreme Court but it is also the duty and responsibility of the
Supreme Court to protect the fundamental rights.
Role of writs in administrative actions
Now as far as the role of the writs is concerned, let us go by illustration over the cases on
discretion. Conferment of discretionary powers has been accepted as necessary phenomena of
modern administrative and constitutional machinery. Law making agency legislates the law on
any subject to serve the public interest and while making law, it has become indispensable to
provide for discretionary powers that are subject to judicial review. The rider is that the Donnie
of the discretionary power has to exercise the discretion in good faith and for the purpose for
which it is granted and subject to limitations prescribed under the Act. The Courts have retained
their jurisdiction to test the Statute on the ground of reasonableness. Mostly, the courts review on
two counts; firstly whether the statute is substantively valid piece of legislation and, secondly
whether the statute provides procedural safeguards. If these two tests are not found, the law is
declared ultra vires and void of Article 14 of the Constitution.
Beside this, Courts control the discretionary powers of the executive government being exercised
after the statutes have come to exist. Once they come into existence, it becomes the duty of the
Executive Government to regulate the powers within limitations prescribed to achieve the object
of the Statute. The discretionary powers entrusted to the different executives of the Government
play substantial role in administrative decision making and immediately the settled principles of
administrative law trap the exercise of powers. If these discretionary powers are not properly
exercised, or there is abuse and misuse of powers by the executives or they take into account
irrelevant consideration for that they are not entitled to take or simply misdirect them in applying
the proper provision of law, the discretionary exercise of powers is void. Judicial review is
excluded when it is found that executives maintain the standard of reasonableness in their
decisions. Errors are often crept in either because they would maintain pure administrative spirit
as opposed to judicial flavour or that they influence their decisions by some irrelevant
considerations or that sometimes, the authorities may themselves misdirect in law or that they
may not apply their mind to the facts and circumstances of the cases. Besides, this aspect, they
may act in derogation of fundamental principles of natural justice by not conforming to the
standard or reasons and justice or that they do not just truly appreciate the existence or non
existence of circumstances that may entitle them to exercise the discretion.
The Executive have to reach their decisions by taking into account relevant considerations.
They should not refuse to consider relevant matter nor should they take into account

considerations that are wholly irrelevant or extraneous. They should not misdirect themselves on
a point of law. Only such a decision will be lawful. The courts have power to see that the
Executive acts lawfully. They cannot avoid scrutiny by courts by failing to give reasons. If they
give reasons and they are not good reasons, the court can direct them to reconsider the matter in
the light of relevant matters though the propriety adequacy or satisfactory character of these
reasons may not be open to judicial scrutiny. Even if the Executive considers it inexpedient to
exercise their powers they should state their reasons and there must be material to show that they
have considered all the relevant facts.
The role of writs is also sensibly laid down in a famous Padfields case:
In England in earlier days the Courts usually refused to interfere where the Government or the
concerned officer passed what was called a non-speaking order, that is, an order which on the
face of it did not specify the reasons for the orders. Where a speaking order was passed the
Courts proceeded to consider whether the reasons given for the order or decision were relevant
reasons. Where there was a non-speaking order they used to say that it was like the face of the
Sphinx in the sense that it was incurable and therefore hold that they could not consider the
question of the validity of the order. Even in England the Courts have travelled very far since
those days. They no longer find the face of the Sphinx inscrutable.
X Application of the Writ of Certiorari
The writ of Certiorari is basically issued against the statutory bodies exercising judicial or quasi
judicial powers. Such writ is issued against the authorities namely the government and the courts
or other statutory bodies who have power to determine and decide the lis between the parties. In
deciding such issues if the decision making order is passed without any authority or has passed
the order in exercise of such authority or has committed an error of law and facts the high court
is empowered to correct such error of the lower court or government authorities. Certiorari may
apply when the administrative or executive authority fails to observe their duty to act fairly with
respect to the administrative functions. The writ of Certiorari may also be issued against a
subordinate tribunal even if the decision impugned is pronounced. A leading case of Ryots of
Garabandho v. Zamindar of Parlakimedi , was the first decision on the writ of Certiorari.
X Application of the Writ of Mandamus
The writ of mandamus is ordered when the statutory authorities who entrusted with the duties
fail to discharge its obligatory duty. It may be applied when the government authorities vested
with absolute powers fail to perform their administrative and statutory duties. In Ratlam
Municipal Council v. Vardichand , on account of the public nuisance created in the area by the
corporation in not maintaining the drainage system and the dirty water stinking had clogged
around which obviously created nuisance at the hands of municipality for not discharging the
duties under the act. As a result the residents of Ratlam municipality moved the Sub-divisional
magistrate under section 133 of Code of Criminal Procedure, 1973 for abatement of nuisance and
the court issued the directions that, Judicial discretion when facts for its exercise are present has

a mandatory import. Therefore when the Sub-Divisional Magistrate, Ratlam, has before him
information and evidence which disclose the presence of public nuisance, considers it lawful to
remove such obstruction. This is a public duty implicit in the public power to be exercised on
behalf of the public and is pursuant to public proceeding.
Lord Denning observed:
In my opinion every genuine complaint which is worthy of investigation by the committee of
investigation should be referred to that committee. The Minister is not at liberty to refuse it on
grounds which are arbitrary or capricious. Not because he has a personal antipathy to the
compliant or does not like his political views. Nor on any other irrelevant ground... It is said that
the decision of the Minister is administrative and not judicial. But that does not mean that he can
do as he likes, regardless of right or wrong. Nor does it mean that the Courts are powerless to
correct him. Good administration requires that complaints should be investigated and that
grievance should be remedied. When parliament has set up machinery for that very purpose, it is
not for the Minister to brush it on one side. He should not refuse to have a complaint investigated
without good reason... But it is said that the Minister is not bound to give any reason at all. And
that, if he gives no reason, his refusal cannot be questioned. So why does it matter if he gives bad
reason? I do not agree. This is the only remedy available to a person aggrieved Else why did it
set up a committee of investigation? Minister would at least have good reasons for refusal; and
if asked, he should give them. If he does not do so, the court may infer that he has no good
reasons. If it appears to the Court that the Minister has been, or must have been, influenced by
extraneous considerations which ought not to have influenced him or, conversely, has failed, or
must have failed, to take into account considerations which ought to have influenced him. The
court has power to interfere; it can issue a mandamus to compel him to consider the complaint
properly.
X Application of the Writ of Prohibition
The writ of Prohibition is issued essentially against the government or its authorities when they
are not conferred with the power or jurisdiction to decide the dispute. The court by virtue of this
power restrains the authority to exercise such powers which are not given to the authority.
X Application of the Writ of Quo Warranto
The high Court would exercise the power of Quo Warranto against the public authority or
government who acts contrary to the provisions of the statute and restrains the authority or public
servant from usurping the public office on account of lack of qualification. It is a means of
asserting sovereign right. In Sonu Sampat v. Jalgaon Borough Municipality , If the appointment
of an officer is illegal, everyday that he acts in that office, a fresh cause of action arises and there
can be therefore no question of delay in presenting a petition for quo warranto in which his very,
right to act in such a responsible post has been questioned.

X Application of the Writ of Habeas Corpus

The writ of Habeas Corpus is a writ issued in order to protect the liberty and freedom which is
conceived to be very vital. It is issued against the wrongful detention or confinement through the
police authority. By virtue of this writ the police authorities or other such statutory authorities are
empowered to bring the custody of the person who has been wrongfully detained by the court of
law. In the case of State of Bihar v. Kameshwar Singh it was stated that, the writ of Habeas
Corpus is in the nature of an order for calling upon the person who has detained or arrested
another person to produce the latter before the court, in order to let court know on what ground
he has been confined and to set him free if there is no legal justification for the imprisonment .
One of the telling ways in which the violation of that right can reasonably be prevented and due
compliance with the mandate of article 21 secured, is to mulct its violators in the payment of
monetary compensation.
Conclusion
The prerogative powers of writ jurisdiction conferred by the constitution for judicial review of
administrative action is undoubtedly discretionary and yet unbounded in its limits. The discretion
however should be exercised on sound legal principles. In this respect it is important to emphasis
that the absence of arbitrary power is the first essential of the rule of law upon which the whole
constitution system is based. In a system governed by rule of law when discretion is conferred
upon the executive authorities it must be based on clearly defied limits. Thus the rule of law from
this point of view means that the discretion or the decision must be based on some principles and
rules. In general the decision should be predictable and citizens should know where he is. If a
decision is taken not on the basis of any principle or rules then such decision is arbitrary and is
taken not in accordance with the rule of law.
The law has reached its finest moments stated Duglas, C.J. in United States v. Wunderlich when
it has freed man from the shackles of unlimited discretion. The man has suffered on account of
absolute discretion. The decision should be guided by rule of law and it should not be based on
whims, fancy and humour.
The Constitution is the law of the laws and nobody is supreme. Even the judges of Supreme
Court are not above law and they are bound by the decisions which are the law of the land
declared by them under the writ petitions. Thus, the constitutional remedies provided under the
constitution operate as a check and keeps the administration of government within the bounds of
law.

The United Nations Security Council (UNSC) is one of the principal organs of the United
Nations. According to article 24 of the UN Charter, the foundational treaty of the United Nations,
the UN Member States have conferred the primary responsibility of maintenance of international

peace and security to the Security Council and have agreed that this body, in order to carry on
this duty, acts on their behalf. The Member States have agreed to accept and carry out the
decisions of the Security Council through article 25 of the Charter.1 While other organs of the
United Nations can only make recommendations to governments, the UNSC is the only organ
capable of issuing resolutions that are legally binding on all Member States. In order to fulfil its
responsibility of maintaining international peace and security and when faced with a conflict, the
first action of the Council is to recommend to the parties that they reach agreement through
peaceful means. It may appoint special representatives, may ask the Secretary-General to appoint
special representatives, and may set some principles for the peaceful settlement of the conflict.
When a dispute leads to fighting, the UNSC will try to bring it to an end as soon as possible. It
can do so by issuing ceasefire directives, sending UN peacekeeping forces or eventually deciding
on enforcement actions such as economic sanctions or collective military action. The Councils
other responsibilities include recommending the admission of new members and the
appointment of the Secretary-General to the General Assembly of the United Nations (UNGA).
Together with the UNGA, it is responsible for electing the judges of International Court of
Justice.2
Established in 1946, the UNSC currently has fifteen members. The Peoples Republic of
China, France, the Russian Federation, the United Kingdom and the United States of America are
the five permanent members of this body and the holders of veto power. Except for the Peoples
Republic of China (which replaced the Republic of China in 1971) and the
Russian Federation (which replaced the Union of Soviet Socialist Republics in 1991), the current
Permanent Five (P5) are the main victors of World War II. The other ten members of the Security
Council are non-permanent. They are elected by the General Assembly through majority vote to
take on a two-year term. On the first of January each year, five new nonpermanent members start
their term. To ensure better regional representation, non-permanent members are elected from
different regional groups. The African Group has three representatives, the Western European
and Others Group (WEOG), the Latin American and Caribbean Group (GRULAC), and the
Asian Group each has two representatives and the Eastern European Group has one
representative.
As mentioned earlier, Article 27 of the UN Charter allows the permanent members of the
Security Council to quash any non-procedural draft resolution with their negative votes,
irrespective of its level of international support and popularity. This power is referred to as the
veto power of the Permanent Five although the word veto is never mentioned in the Charter.
The initial reason for the inclusion of this power in the Charter was to prevent the UN to take
direct actions against any of its principal founding members. This section illustrates how the use
of veto power has become distant from that initial reason and how this power has turned into a
tool for protecting national interests of permanent members or their strategic allies.

The United Nations Security Council (UNSC) is one of the six principal organs of the United
Nations and is charged with the maintenance of international peace and security as well as
accepting new members to the United Nations and approving any changes to its United Nations
Charter. Its powers include the establishment of peacekeeping operations, the establishment of
international sanctions, and the authorization of military action through Security Council
resolutions; it is the only UN body with the authority to issue binding resolutions to member
states. The Security Council held its first session on 17 January 1946.
Like the UN as a whole, the Security Council was created following World War II to address the
failings of another international organization, the League of Nations, in maintaining world peace.
In its early decades, the body was largely paralysed by the Cold War division between the US
and USSR and their respective allies, though it authorized interventions in the Korean War and
the Congo Crisis and peacekeeping missions in the Suez Crisis, Cyprus, and West New Guinea.
With the collapse of the Soviet Union, UN peacekeeping efforts increased dramatically in scale,
and the Security Council authorized major military and peacekeeping missions in Kuwait,
Namibia, Cambodia, Bosnia, Rwanda, Somalia, Sudan, and the Democratic Republic of Congo.
The Security Council consists of fifteen members. The great powers that were the victors of
World War IIRussia, the United Kingdom, France, China, and the United Statesserve as the
body's five permanent members. These permanent members can veto any substantive Security
Council resolution, including those on the admission of new member states or candidates for
Secretary-General. The Security Council also has 10 non-permanent members, elected on a
regional basis to serve two-year terms. The body's presidency rotates monthly among its
members. Critics of the council often describe it as an undemocratic international body, and
argue it fails its principal task, mainly because of the veto power of the permanent members.
Security Council resolutions are typically enforced by UN peacekeepers, military forces
voluntarily provided by member states and funded independently of the main UN budget. As of
2013, 116,837 peacekeeping soldiers and other personnel are deployed on 15 missions around
the world. Evaluations of the Security Council's effectiveness are mixed, and calls for its reform
predate the body's first meeting; however, little consensus exists on how its structure should be
changed.

Role
UN Security Council Resolutions

Sources:
UN Security Council UNBISnet Wikisource

1 to 100 (19461953)
101 to 200 (19531965)
201 to 300 (19651971)
301 to 400 (19711976)
401 to 500 (19761982)
501 to 600 (19821987)
601 to 700 (19871991)
701 to 800 (19911993)
801 to 900 (19931994)
901 to 1000 (19941995)
1001 to 1100 (19951997)
1101 to 1200 (19971998)
1201 to 1300 (19982000)
1301 to 1400 (20002002)
1401 to 1500 (20022003)
1501 to 1600 (20032005)
1601 to 1700 (20052006)
1701 to 1800 (20062008)
1801 to 1900 (20082009)
1901 to 2000 (20092011)
2001 to 2100 (20112013)
2101 to 2200 (20132015)
2201 to 2300 (2015present)
Wikisource has original text related to this article:
Portal:United Nations Security Council Resolutions

The UN's role in international collective security is defined by the UN Charter, which authorizes
the Security Council to investigate any situation threatening international peace; recommend
procedures for peaceful resolution of a dispute; call upon other member nations to completely or
partially interrupt economic relations as well as sea, air, postal, and radio communications, or to
sever diplomatic relations; and enforce its decisions militarily, or by any means necessary. The
Security Council also recommends the new Secretary-General to the General Assembly and
recommends new states for admission as member states of the United Nations.[40][41] The Security
Council has traditionally interpreted its mandate as covering only military security, though US
Ambassador Richard Holbrooke controversially persuaded the body to pass a resolution on
HIV/AIDS in Africa in 2000.[42]
Under Chapter VI of the Charter, "Pacific Settlement of Disputes", the Security Council "may
investigate any dispute, or any situation which might lead to international friction or give rise to
a dispute". The Council may "recommend appropriate procedures or methods of adjustment" if it
determines that the situation might endanger international peace and security.[43] These
recommendations are generally considered to not be binding, as they lack an enforcement
mechanism.[44] A minority of scholars, such as Stephen Zunes, have argued that resolutions made
under Chapter VI are "still directives by the Security Council and differ only in that they do not
have the same stringent enforcement options, such as the use of military force".[45]
Under Chapter VII, the Council has broader power to decide what measures are to be taken in
situations involving "threats to the peace, breaches of the peace, or acts of aggression".[21] In such
situations, the Council is not limited to recommendations but may take action, including the use
of armed force "to maintain or restore international peace and security".[21] This was the legal
basis for UN armed action in Korea in 1950 during the Korean War and the use of coalition
forces in Iraq and Kuwait in 1991 and Libya in 2011.[46][47] Decisions taken under Chapter VII,
such as economic sanctions, are binding on UN members; the Security Council is the only UN
body with the authority to issue binding resolutions.[48][49]
The Rome Statute of the International Criminal Court recognizes that the Security Council has
authority to refer cases to the Court in which the Court could not otherwise exercise jurisdiction.
[50]
The Council exercised this power for the first time in March 2005, when it referred to the
Court "the situation prevailing in Darfur since 1 July 2002"; since Sudan is not a party to the
Rome Statute, the Court could not otherwise have exercised jurisdiction.[51][52] The Security
Council made its second such referral in February 2011 when it asked the ICC to investigate the
Libyan government's violent response to the Libyan Civil War.[53]
Security Council Resolution 1674, adopted on 28 April 2006, "reaffirms the provisions of
paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the
responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes
against humanity".[54] The Security Council reaffirmed this responsibility to protect in Resolution
1706 on 31 August of that year.[55] These resolutions commit the Security Council to take action
to protect civilians in an armed conflict, including taking action against genocide, war crimes,
ethnic cleansing, and crimes against humanity.[56]

What is Foreign Policy?

Foreign Policy can be defined as a set of principles, decisions and means, adopted and followed
by a nation for securing her goals of national interest in international relations. Foreign Policy
defines the goals of national interest and then tries to secure these through the exercise of
national power.
Definitions of Foreign Policy:

1. Foreign Policy is the system of activities evolved by communities for changing the behaviour
of other states and for adjusting their own activities to the international environment. George
Modelski
2. Foreign Policy is the substance of nations efforts to promote its interests vis-a-vis other
nations. Normal Hill
3. Foreign Policy is the key element in the process by which a state translates its broadly
conceived goals and interests into concrete courses of action and to attain these objectives and
preserve its interests. Padelford and Loncoln
4. Foreign Policy is a thought out course of action for achieving objectives in foreign relations
as dictated by the ideology of national interest. Dr. Mohinder Kumar
The Foreign Policy of Each Nation Contains:

1. A set of principles, policies and decisions adopted and followed by the nation in international
relations.
2. Objectives, goals or aims of national interest which are to be secured.
3. Means to be used for achieving the goals of national interest.
4. Broad policy principles and decisions for conducting international relations.
5. Assessment of the gains and failures of the nation in respect of its goals of national interest.
6. Policies, decisions and action-programmes for maintaining continuity or change or both in
international relations.
A student of Foreign Policy analyses the actions of a state towards external environment (i.e.,
other states) and the conditions, usually domestic, under which those actions are formulated.
Holstei

The study of foreign policy includes both the study of national objectives to be achieved and the
means used for securing these. Ceeil V. Crabb
In simple words, it can be observed that Foreign Policy is a set of principles and decisions, a plan
of action and a thought out course of action adopted and used by a nation for conducting
relations with other nations and all international actors with a view to secure the preferred and
defined goals of her national interest.
Elements of Foreign Policy:

The foreign policy of a nation is formulated and implemented by its policy makers. In doing so
they take into account the national interest of the nation, the internal and external environment,
the national values, the foreign policy goals and decisions of other nations and the nature of
international power structure. These constitute the factors/elements of Foreign Policy.
1. Size of State Territory:

The size of a state is an important factor of its Foreign Policy. Size influences the psychological
and operational environment within which the foreign policy-makers and public respond. It
includes, as Rosenau says, both human and non-human resources. Nations with large human and
non-human resources always try to be big powers and they have better chances of becoming big
powers in international relations.
Foreign Policy of a big sized state is bound to be different from the foreign policy of a smallsized state. Public and foreign policy-makers of big sized states are definitely governed by their
desire to be big powers in the World. Size has been a factor in the foreign policies of the U.S.A.,
Russia, China, India, Brazil, France and others. Large sized states, with few exceptions, always
formulate and use an active Foreign Policy and through it these play an active role in
international relations.
However, size alone is not an independent determinant of foreign policy. Resources and
capabilities of the state are not always dependent upon size. The countries of the Middle East,
even with small sizes but with the largest quantity of oil resources, have been playing quite an
active role in international relations. Japan is relatively a small sized state and yet its role in
international relations has been active and influential.
Israel, despite being a small sized state has been influencing the course of politics among
nations. Before 1945, Britain, with a small size, could play the role of a world power. Large size
poses the problem of defence, security and maintenance of communications. In the absence of
natural boundaries, the large size of a nation very often creates the problem of relations with
neighbouring states. Despite being the large sized states, Australian and Canadian foreign
policies have not been very active. Russia is a large sized state but its role in contemporary
international relations continues to be weak.

2. Geographical Factor:

Geography of a state is relatively the most permanent and stable factor of its foreign Policy. The
topography of land, its fertility, climate and location are the major geographic factors which
influence the Foreign Policy of a nation. These factors determine both the needs as well as the
capability to fulfill the needs of the people of a nation.
Suitable geographical factors can help and encourage the nation to adopt and pursue higher
goals. The role played by English Channel in the development of Britain as a major naval power
and consequently as an imperial power is well known. The influence of the Atlantic Ocean on the
US Foreign Policy has been always there. Indian Foreign Policy now definitely bears the
influence of the geographical location of India as the largest littoral state of the Indian Ocean.
The relatively unhelpful geographical conditions of Canada have been a factor in the
determination of its Foreign Policy. The territorial expanse makes it difficult for other nations to
think of securing an outright military victory over Russia. The location of Pakistan too has
influenced its relations with India, China and the Central Asian republics. The geographical
distance from Pakistan has been a factor in the foreign policy of Bangladesh.
The natural resources and the food production capacity of a nation is directly linked with its
geography. These factors are also important factors in the formulation and implementation of
foreign policy. Adequate existence of vital natural resourcesminerals, food and energy
resourceshave been helping factors of the US and Russian foreign policies.
Food shortage was a source of limitation on Indian Foreign Policy in the 1950s & 1960s.
Consumer goods shortage have been hitting hard the foreign policy and relations of Russia.
Large quantities of oil have made it possible for the West Asian and Gulf nations to adopt oil
diplomacy as a means of their foreign policies.
Geography, as such is an important and permanent factor of foreign policy, yet it is not a
deterministic factor. The revolutionary developments in communications and modern warfare,
and the ability of nations to overcome geographical hindrances have tended to reduce the
importance of geography.
3. Level and Nature of Economic Development:

One of the main reasons why the US Foreign Policy has been very often successful in securing
its national objectives, particularly in relation to the poor and economically lowly placed states
of the world is the high degree of its economic development. The developed countries of our
times are highly industrialized and economically developed states. These can use foreign aid as a
tool for securing their foreign policy goals.

The global perspectives and policies of the two super-powers (1945-90) were again governed by
their vast economic and industrial resources and their needs for foreign markets and trade. In
fact, all economically and industrially developed nations (Group of seven plus one, countries in
particular) are now playing a more a vigorous role in international relations than the lowly
developed and developing countries.
The strong commitment of the foreign policies of the lowly developed and developing countries
to the cause of a New International Economic. Order is again a proof of the role of economic
factors of international relations.
The level of economic development also determines the scope of relations that a nation wishes to
establish with other nations. The Foreign Policy of Japan in the contemporary times is directly
and fundamentally related to its economic development. The military preparedness and military
capability of a nation is again directly related to the factor of economic development and
industrialization. Only industrially and economically developed nations can hope to become
major and stable military powers.
Economic power constitutes a fundamental dimension of national power in contemporary times
and at present; it can be used more effectively for securing foreign policy goals. The US
economic power has been a major instrument of its foreign policy. Economic weakness of Russia
has forced it to change its policy towards the U.S.A. and other countries. Steadily developing
India economy has definitely given a boost to Indias foreign relations. Thus, the level and nature
of economic development, industrialization and modernization are important factors of foreign
policy.
4. Cultural and Historical Factors:

The cultural heritage and the history of a nation are again important and valuable factors of its
Foreign Policy. The norms and traditions that characterize the life of the people of a state are
highly influential factors of its foreign policy. During the process of interpreting and formulating
the objectives of national interest, the decision makers are always governed by their cultural
links, historical traditions and experiences.
Strong cultural unity of the people is always a source of strength for them. It materially
influences their ability to secure the objectives of national interest during the course of
international bargaining. Historical experiences and cultural links further help them to analyze
and assess the nature and scope of relations with other nations. Indeed, the weakness of the
foreign policies of most of the Asian and African states has been largely due to the presence of
internal dissensions and conflicts among their peoples.
Bitter experiences with the policies of imperialism and colonialism have been a determining
factor of the anti-imperialist and anti-colonial contents of the foreign policies of most of the new

sovereign states. History is an important factor in determining the relations among the
neighbouring nations. Foreign policy interactions between India and Pakistan are mostly the
legacies of past history. The shadow of the history of 1962 still influences the course of SinoIndian relations.
However, cultural values and links are always subject to perpetual changes and adjustments.
Historical experiences too are forgotten in the face of national interest. The existence of conflict
among the European nations, despite their cultural links and the development, and continuance
of strong USJapanese friendship and relations bear ample proof that cultural and historical
factors have to have combination with other factors before influencing the course of Foreign
Policy.

5. Social Structure:

The structure and nature of the society for which the foreign policy operates is also an important
element. The nature of social groups and the degree of conflict and harmony that characterize
their mutual relations are determined by the social structure. A society characterised by strong
internal conflict and strife acts as a source of weakness for the foreign policy.
A society of united, enlightened and disciplined people with a high degree of group harmony is
always a source of strength. The democratization of the process of policy-making in recent times
has increased the importance of social structure as an element of foreign policy. The linkages
between the domestic and international environments have tended to strengthen the role of this
element.
6. Government Structure:

The organisation and structure of government i.e. the organisational agencies which handle the
foreign policy-making and implementation is another important element of foreign policy. The
shape of the foreign policy is also determined by the fact as to whether the government agencies
handling it are democratically constituted or not.
Whether the authority relations are centralized or decision-making is free and open. The
government officials also act as decision makers and this factor always influences the
formulation of foreign policy. Foreign policy of a nation has to adapt to the environment. In a
centralized and authoritarian system, the foreign policy can remain and often remains isolated
from the domestic environment.
The nature of legislature-executive relations is also an influential factor in Foreign Policy
decision-making. The harmony between the two, as is there in a parliamentary system, can be a
source of strength and lack of harmony between the two can be a source of hindrance for the

foreign policy makers. Similarly, the nature of party system, elections and electorate are other
influential factors. The continuity in Indian Foreign Policy has been also due to the nature of
government-making in India.
7. Internal Situation:

Like the external situational factors, sudden changes, disturbances or disorders that occur within
the internal environment of a nation also influence the nature and course of foreign policy. The
resignation of President Nixon over the issue of Watergate Scandal considerably limited the
foreign policy of USA under President Ford.
The internal opposition to the military regime in Pakistan during 1947-89 was a determinant of
Pakistani foreign policy. Similarly, the declaration of emergency in India in 1975 did materially
affect the relations of India with other countries particularly the super powers. A change of
government is always a source of change in the foreign policy of a state.
The rise of new leadership in China is now an important input of Chinese Foreign Policy. The
rise of Congress-led UPA Government in India in 2004 acted as a source of some changes in
relations with Indias neighbours. The internal situation of Pakistana military dominated state
trying to be a democratic political system has always been a factor of Pakistans Foreign Policy.
8. Values, Talents, Experiences and Personalities of Leaders:

Since the Foreign Policy of a nation is made and implemented by leaders, statesmen and
diplomats, naturally it bears an imprint of their values, talents, experiences and personalities. The
ideas, orientations, likings, disliking, attitudes, knowledge, skill and the world-view of the
national decision-makers are influential inputs of Foreign Policy. The differences among the
leaders are also influential inputs of a foreign policy.
The differences between the Foreign Policy decisions of various U.S. Presidents and their
Secretaries of States have been due to the differences in their attitudes and personalities. The
Indian Foreign Policy till 1964 was often, and rightly so, described as Nehrus Foreign Policy.
The support at home and the popularity that PM Nehru enjoyed acted as imputes of foreign
policy.
Pakistani Foreign Policy, under the influence of the ideas of General Musharraf, has undergone a
big change. Indias decision to develop nuclear weapons was definitely made under the influence
of the ideas and the world- view of BJP leaders, who came to be power holders in 1998. The
foreign policy of each nation is influenced by the personalities of its leaders. The change in
leadership often produces a change in the foreign policy of a nation.
However, this does not mean that this factor is an independent determinant of Foreign Policy.
Leaders are always guided by the dictates and demands of national interest. Each leader is

committed to the securing of national interests of the nation. The vital interests of the nations are
a source of continuity if the personalities and attitudes of the leaders are a source of change. The
two have to be balanced before these serve as foreign policy inputs.
9. Political Accountability:

In the words of Rosenau, the degree to which public officials are accountable to the citizenry,
either through elections, party competitions, legislative oversight, or other means, can have
important consequences for the timing and contents of the plans that are made and the activates
undertaken in foreign affairs.
A political system which is both responsive to and responsible before the people, works in a
different environment than the political system which is a closed system i.e., a system which is
neither open nor accountable to the people. As such foreign policy of an open political system is
more responsive to public opinion and public demands than the foreign policy of a closed
political system. The difference between the foreign policies of democratic and
totalitarian/authoritarian states is always largely due to his factor.
10. Ideology:

Foreign Policy is a set of principles and a strategic plan of action adopted by a nation to fulfill
the goals of national interest. It has always an ideological content. For securing support for its
goal as well as for criticizing the foreign policy goals of other nations, it needs and adopts an
ideology or some ideological principles.
It, therefore, always tries to use the ideology as well as to popularize its ideology. The ideology
of communism remained an important factor of the foreign policies of communist nations during
1945-90. Anti- Communism and Pro-Liberal Democracy ideologies have always influenced the
shape and course of foreign policies of non-communist Western nations. Ideological conflict
remained determining factor in the cold war policies (1945-90) of both the super powers.
The drive in favour of democratisation, decentralisation and liberalisation in the socialist states
of Europe, the new states of Central Asia, Russia and Mongolia has given a new direction to
international relations of post-1990 period. Similarly, ideological commitments have been a
source of affinity in the foreign policies of Islamic nations.
11. Diplomacy:

Diplomacy is the instrument by which foreign policy of a nation travels beyond its borders and
establishes contacts with other nations. It is diplomacy which tries to secure the goals of foreign
policy during the course of relations with other nations. Besides being a means, diplomacy is
also an input of foreign policy. The world view sketched by diplomacy and the reports prepared
by the diplomats are valuable sources of foreign policymaking.

The modes of operation and quality of diplomacy always affect the operational quality and
efficiency of a foreign policy. In the late 1960s the contacts between India and Chinese diplomats
helped the emergence of a definite trend towards normalization of Sino- Indian relations. It has
been through diplomacy that India and Pakistan have been trying to initiate and adopt confidence
building measures. Morgenthau regards Diplomacy as the best instrument of power management
among states.
12. International Power Structure (Global Strategic Environment):

The relations that nations establish among themselves are backed by their respective national
interests and powers. In fact, such relations involve struggle for power among them. The net
effect is that international relations constitute a power structure in which the more powerful
nationsthe super powers and the major powersplay a more vigorous and leading role than
the relatively less powerful nations.
The foreign policy of every nation is influenced by the nature of power structure that prevails at
a particular time in the international environment. The power vacuum caused by the weakened
power of the formerly powerful European states, because of their involvement in two World
Wars compelled the U.S.A. to come out of its isolationism and assume a new global role in
international relations.
The change in the U.S. Foreign Policy and its attempt to influence the European states brought
into operation a Soviet Foreign Policy of keeping close the East European friendly socialist
nations. The emergence of the U.S.A. and the U.S.S.R. as the two super powers with cold war in
between them, made it imperative for the newly independent states like India, to adopt a policy
of keeping away from the cold war and yet attempt to have friendly co-operation with both the
super powers.
The bipolar system that emerged after World War II and its transformation into a Multi-polar or
Polycentric system were very influential in the making of foreign policy decisions of all the
nations. Uni-polar power structure which emerged after the disintegration of the erstwhile
U.S.S.R., (1917-1991) became a major factor of the foreign policies of several nations. In fact, it
still continues to be a factor of foreign policy of every nation. All states now want to secure a
multi-centric world.

13. Public Opinion:

Public Opinion, (national as well as international) is another important input of Foreign Policy.
Decision-makers of each nation have to accept and give due place to the opinion of the people
they represent as well as to the World Public Opinion. Undoubtedly, the decision-makers as

leaders have to lead the public yet they also have to accommodate the demands of public
opinion.
The American Senates refusal to ratify the American membership of the League of Nations, and
the opposition of Vietnam War by the Americans and other peoples, had a big impact on the
Foreign Policy of the U.S.A.
The real strength behind the objectives of Disarmament, Arms Control and Nuclear
Disarmament, Anti- colonialism, Anti-apartheid policies of various nations, has been the World
Public Opinion. The rise of several peace and development movements in the World has
decidedly acted as a check against foreign policies of war, aggression and destruction. No one is
now prepared to talk and act as Hitler and Mussolini did in 1930s.
14. Technology:

The application of the knowledge of scientific inventions to practical and useful purposes leads
to technology. The level of technological development and the nature of technical know-how are
important elements of foreign policy. Highly advanced technology has been a major factor of the
strength of the foreign policies of the major powers.
The ability to provide technical know-how to lowly developed and developing nations has been
an instrument of influence, rather power, of the foreign policies of the developed nations. Indias
dependence on developed nations for getting advanced dual use technology has been a limiting
factor of Indian Foreign Policy.
However a steady progress in the sphere of technological advancement has been a source of
strength for Indian Foreign Policy. The U.S.A. has always used the technology factor for putting
pressure on the foreign policies of developing nations.
The level and nature of industrial output and military preparedness of a nation are dependent
upon technology. These in turn are important components of Foreign Policy.
Technological changes can alter the military and economic capabilities of a society and thus its
status and role in the international system. Rosenau
The rise of France, China, Germany, Japan and India are the classic examples of the change that
technological development can bring about in the role of a nation in international relations.
Technology is, however, a relatively less stable element of foreign policy because technological
changes always and continuously take place in every society. Moreover, it is only in relation to
scientific and industrial development that technology becomes a factor of foreign policy.

15. External Environment:

Foreign Policy has to operate in the international environment which is subject to many frequent
and important situational changes. Consequently, it has always to adapt according to these
changes. These situational changes act as foreign policy inputs.
For example, socialist revolution in a neighbouring state or a military coup, or the emergence of
dispute between two friendly nations or the rise of a controversy in the United Nations or the
nationalisation of industry by a major nation or the devaluation of a popular currency, or the
aggression or intervention by a nation against another nation etc., are some of the situational
changes that keep on taking place in the international environment.
Such external changes always affect the formulation and behaviour of the foreign policies of all
the nations. The emergence of Sino-Soviet rift was a factor in changing the U.S. Foreign Policy
towards China. The Bangladesh war and its impact on the power structure in South Asia, the
Afghanistan crisis, the supply of advanced technology and weapons to Pakistan by China, a
Pakistan oriented US foreign policy etc., have been the external situational inputs of Indian
Foreign Policy.
The collapse of the USSR and the liquidation of socialist bloc acted a source of big changes in
the foreign policy of almost every state. The presence and activities of terrorist outfits in several
countries have compelled all the nations to undertake a collective fight against the menace of
international terrorism.
Further, the Foreign Policy of a nation is always made and implemented with an eye on the
situation in various regions of the world. A situational change in West Asia or South-East Asia or
Africa necessitates a change or modification of the foreign policies of many nations.
Similarly, international issues and crises are also important factors of Foreign Policy. The issue
of New International Economic Order, the energy crisis, the problem of distribution of
international resources, the issue of proliferation, protection of human rights, elimination of
international terrorism and others has been major factors in the foreign policy decisions of India
and other developing nations.
16. Alliances and International Treaties (Bilateral and Multilateral):

Alliance is a means by which some nations pool their powers or agree to pool their powers in the
event of a particular situation. Alliances serve as instruments of foreign policies. The extensive
and intensive system of alliances that emerged in the Post-1945 period had a big impact on the
foreign policies of all the nations. During 1945-90 both the United States and the USSR,
recognized and used alliances as the means for consolidating their respective positions.

Their foreign policies, as well as the foreign policies of their allies were always governed by the
goal to secure new partners in their respective alliances and to maintain and consolidate the
alliance partnerships. Even now, after the demise of Warsaw Pact, the U.S.A. continues to
consider NATO as the mainstay of its foreign policy in Europe.
NATOs support to the US decision to declare a war against Talibans Afghanistan decidedly
gave strength to the US foreign policy. However, many other nations, the Non-aligned nations,
still continue to regard alliances as a source of tension and distrust and their foreign policies are
still governed by the anti-alliance principle.
Recently, another factor has become an influential factor in Foreign Policy- making. The
realization for mutual inter-dependence has given birth to a large number of regional
organisations, arrangements, agreements and trading blocs. European Union, ASEAN, SAARC
NAFTA, APEC, SCO and several others have been major players in international economic
relations. The foreign policy of every nation is now becoming conscious of these organisations,
trading blocs and economic and trade agreements. The pressures of NPT & CTBT and the
decisions of WTO on every foreign policy is a well known fact.
Hence, international treaties, pacts, trading blocs and alliances also constitute a factor of foreign
policy. All these are the major inputs or factors of foreign policy. These are popularly called the
determinants of Foreign Policy. One thing must be, however, clearly understood that all these
factors are inter-related and interdependent. These act together or in combination for influencing
the making and implementation of a foreign policy. None of these is an independent determinant
of Foreign Policy. All these factors have to be analyzed together for understanding the nature and
objective of Foreign Policy of each nation.

National Power of a nation is dependent upon several factors which are together called the
components or elements or determinants of national power. Frankel calls these as capabilities or
capability factors. Several other scholars prefer to use the name Determinants of National
Power. However, more and more scholars now prefer to use the name Factors/Elements of
National Power because no single factor or element is a determinant of National Power.
Elements of National Power:

There are a number of elements of National Power. Several political scientists have attempted to
classify these. Whereas Morgenthau has classified these into two parts permanent and
temporary elements, Organski has preferred to classify these into the natural and social

determinantsthe former including geography, resources and population and the latter economic
development, political structures and national morale.
Palmer and Perkins, Charles O. Lerche, Abdul Said, Theodore A, Couloumbis and James H.
Wolfe have classified these elements into two parts; Tangible and Intangible Elements the
former category includes those elements which can be assessed in quantitative terms and latter
such elements as are ideational and psychological and cannot be quantified.
Geography, raw material, natural resources, population and technology are the tangible elements,
whereas ideology, morale, leadership, personality, organisational efficiency and quality of
diplomacy are the intangible elements.
In a simple way we can discuss the following seven elements of National
Power:

1. Geography
2. Natural Resources
(a) Raw Materials
(b) Food
3. Population
4. Economic Development and Industrial Capacity
5. Technology
6. Military Preparedness
7. Ideology
8. Leadership
9. Organisation and Quality of Government
10. National Character and Morale
11. Diplomacy
1. Geography

Amongst the elements of National Power, geography is the most stable, tangible, permanent and
natural element. Its importance as a factor of national power can be judged from the fact that

Geo-political scientists, like Moodie, Spykman, Haushofer, Mackinder and others, regard
Geography as the determinant of international politics.
While describing -the importance of geography in international relations Napoleon, observed.
The foreign policy of a country is determined by its geography. Geography is, however neither
an independent determinant of national power nor of foreign policy. It is just an element of
National Power.
Nature and Role of Geography as an Element of National Power:
(i) Maps:
Maps are always geographical in nature. These are sometimes used by nations to justify a
particular course of policy or action as well as to reject the views of other nations.
Observers of international relations always need an atlas showing population, raw materials,
communication routes and other data and the ability to interpret maps. Padelford and Lincoln
The Sino-Indian dispute has been a dispute of maps regarding McMahon Line. Maps are used as
instruments for justifying a particular demand or action of a nation. These are used to influence
decisions in ones favour.
(ii) Size:
Size is another geographical element of national power. The large size of a country can
accommodate a large population, offer better natural resources and raw materials, and can be
more helpful in the defence of the country. A large size can help the country to defend by retreat
in the event of an attack. It is definitely more, rather very difficult for a state to defeat a big
country. It was also the large size of the erstwhile Soviet Union that helped it to defeat the forces
of Hitler.
Large area also makes it possible for a country to establish vital industrial complexes far away
from the borders and thereby, to organdie effective defence. Thus size is a component of national
power. A united Germany as a big state is bound to be a new powerful state in the world politics
of 21st century.
However, size can be both a helping as well as a hindering factor. A large size with inadequate
natural resources, inaccessible mountains and forests, unhealthy climate and topography can be a
hindrance in the way of national power. It can also pose a defence problem.
The Himalayas in the North and a long sea-coast in the South have made the defence of India a
complex and difficult problem. Moreover, the existence of some other factors can help even the

small sized states to develop a large amount of national power. The location of England and the
rapid industrial development that it could achieve after the Industrial Revolution helped it to
establish and maintain a big empire and be a virtual ruler of the seas till 1945.
Japan, even with its small size, scored a victory over Russia in 1905. The USA has a relatively
smaller territory than Russia yet it has more power than the latter. Israel offers another striking
example of a small sized country that has a disproportionately large amount of power.
On the other hand, some large sized countries such as, Brazil, Canada, Zaire, Australia and
Sudan, and now Russia are not as powerful as their sizes might indicate. In spite of these
exceptions, it cannot be denied that a large territory generally creates the possibility of a great
power, or, conversely, small states are normally not expected to be great powers.
(iii) Location:

Location of a nation can be as helping as well as a hindering factor for its national power. It
determines whether a nation can be a sea-power or not. England could become a big naval power
and thereby an imperial power because of its location. The location of Japan has helped it to be a
major ship- building nation. Location of Germany in the heart of Europe has been a sources of
strength for it.
The location of the USA helped it to adopt (1823-1945) and follow the policy of isolationism.
Further, its location, being relative to land as well as seas, has helped it to be a both land and sea
power. The location of Switzerland has been instrumental in securing for it the status of a
permanently neutralized state.
Middle East and Continental Europe have been the potential zones of power rivalry because of
their geographic and strategic locations. Location of Canada has hindered its emergence as a
great power. Hence, a favourable geographical location among other things can help a nation to
be powerful and an unfavorable location can limit the national power.
(iv) Climate:

No one can deny the importance of climate in the context of National Power. Climate determines
the food production, economy and even the culture of a nation. It can be a source of big
limitation or help for the human capabilities. The cold climate of Arctic zone and Antarctic and
the excessive heat of the Tropical zone, and Sahara have kept the development of life backward
in these areas.
Extreme heat or cold are unfavorable conditions for national power. The prosperity of India
stands inseparably conditioned by Monsoons. A failure of Monsoons weakens India and likewise
timely and good Monsoon rains help India to be self- sufficient and even surplus in food
production.

It is a well-known fact that the great centres of power have so far emerged only in the moderate
temperate zone, between 20 and 60 degrees north. A helpful climate can be a source of power
and an unkind climate can be a source of weakness.
(v) Topography:

The nature of terrain, together with other geographical elements, is an important factor of
national power. Terrain can influence the power of a state and its potential for offence, defence
and growth. A nation with plane and artificial boundaries can be an easy victim of expansionism
on the part of a powerful nation.
Natural boundaries with strategic advantages are always a source of strength for a nation. It is
terrain which determines decisions concerning physical security of the state. The English
Channel has remained a source of defence and some security for England. The Atlantic and
Pacific Oceans have provided strength to the security of the United States.
Since mid-1950s defence of the Himalayas has been a source of limitation on Indias power. The
lack of a good number of natural harbours along the sea coast has hindered the development of
economic and trade relations of India with other countries. All these examples highlight the role
of topography in determining the national power of a state.
(vi) Boundaries:

Boundary is also a geographic factor of national power. Settled and natural boundaries are
always a source of friendly and cooperative relations among the nations of a region. Undefined
and disputed boundaries are potent sources of conflict which weakens national power e.g. the
boundary disputes between India and China, Israel and Arab states can be quoted as examples.
Natural boundaries are helpful to national power and conversely artificial boundaries are a
source of weakness and conflict.
Everyone accepts that Geography is an important element of National Power. However, its role
can be both helpful and hindering. Ideal geographical conditions can be a source of strength and
negative and hindering geographical factors can be a source of weakness for the national power.
Further, role of geography as an element of national power is linked with several other elements,
like population, level of scientific and industrial development means of transport and
communication, and the like. In fact, scientific inventions and technological innovations have
made it possible for man to adjust with and overcome geographical problems and hindrances.
Geography is an element but not an independent determinant of national power. The Geopolitical scientists over-rate its importance.
2. Natural Resources:

No nation can hope to be a powerful nation if its territory is not adequately graced by natural
resources. Natural resources are indeed gifts of nature of established utility. The industrial and

military capabilities of a nation as well as its economic well-being are dependent upon the
existence of natural resources.
A self-sufficiency in certain key resources can be a big source of power of a nation. The USA has
been in a position to be a super power in the world mainly due to its near self-sufficiency in
respect of several key natural resources. No nation can be powerful without becoming a
developed industrialized nation and the chances of becoming an industrialized nation are
basically linked with the possession of natural resources, particularly industrial raw materials and
minerals. Natural resources, in the form of minerals, fertile soil, flora and fauna, through planned
exploitation and use always make a nation powerful.
In analyzing the role of National Resources as a factor of National Power Morgenthau
discuss it in two parts:
1. Raw Materials and
2. Food.
1. Raw Materials:
Raw materials can be further sub-divided into three categories:
(i) Minerals Coal, Petrol, Iron, Copper, Zinc, Tin, Manganese, Uranium etc.,
(ii) Natural Products Rubber, Jute, Bamboo, Medicinal Plants, Wood Pulp, Wood, Plants,
Colours, Varnishes, Forest Products etc., and
(iii) Animal ProductsMilk, Eggs, Meat, Wool, Hides, Feathers, Silk etc.
It is impossible to develop power in modern times without industrialisation and it is very
difficult, if not impossible, for a nation to get industrialized without adequate possession of key
raw materials. Raw materials influence national power, national policies and international trade
of the nation.
The United States has been nearly self-sufficient in respect of key minerals and this fact has
largely contributed to its industrial and military strength. The interdependence among nations
stands largely constituted by the necessities of trade relations in respect of minerals and raw
materials for their industrial needs.
A nation cannot hope to be a big military, industrial and economic power without the possession
of adequate quantities of raw- materials. The importance of oil as the key source of energy is a
well known fact of present day international relations. Oil diplomacy in world politics of our

times solely depends upon the fact that the OPEC countries monopolies world crude production
and have vast oil reserves.
Oil has tremendous importance, both for industrial production and military strength and mobility.
Clemenceaus observation; One drop of oil is worth one drop of blood of our soldiers, is true
even today. The importance of uranium as a source of atomic power is well known. Adequate
means of energy security contribute to the national power of a nation. As such, raw materials
constitute an important element of national power.
However, merely the existence of raw materials cannot be automatically a source of power. The
ability to exploit and utilize the raw- materials is a factor almost as important as the existence of
raw-materials. This ability is directly linked with the level of scientific, technological and
industrial advancement.
2. Food:
Food indeed is an important element of national power. Food determines policies. The existence
of large stocks of food grains and surplus food production can be a source of vital strength of a
nation. A nation deficient in food production can rarely become a major power.
Nations self-sufficient in food are better placed than nations which import food. Morgenthau
The food shortage in India was a highly limiting factor of the Indian foreign policy during 1950s
and 60s. Food shortage leads to power shortage. Acute food problem is a big source of weakness
for all the developing countries. It is keeping them dependent upon developed states who have
surplus food productions. The Green Revolution of 1970s enabled India not only to sustain its
economy but also to preserve and develop its national power.
The military preparedness of a nation is dependent upon adequate supplies of food. A popular
valid saying has been; Armies travel on their stomach.
However, the food factor is also inseparably linked up with other factors particularly with
population, science and technology. Food production is dependent upon agricultural technology
and industrial capacity. Man-power is vitally important for food production. Production of food
can be stepped up by human efforts and the application of advanced agricultural technology.
The ability to utilize sea food resources can help a nation to overcome its food problem. This
ability is dependent upon science and technology. As such food is again an element of national
power. However its role as a factor of National Power has to be evaluated along with other
factors, population, climate, and level of scientific and technological development of a nation.
3. Population:

Another basic element which affects national power is population. As long as men are needed
for production and fighting, other elements being equal, the state with a large number of men and
women to perform such tasks shall be more capable of becoming a major power. Manpower
continues to be a key factor which determines the industrial and military capacities of a nation
and its status as a power in international relations.
In this age of science, machines have come to perform a large number of functions which were
previously being performed by men. Yet machines have failed to completely replace men. Even
today men behind the machines continue to be more important than the machines.
Manpower alone can exploit the natural resources and utilize these for the satisfaction of national
needs. Geographical hindrances can be overcome by men. Scientific and industrial development
cannot be accomplished without men.
Men are needed to fight. Voltaires observation: God is always on the side of the biggest
battalions holds good even today. The mechanization of warfare has not seriously limited the
importance of man as the soldier. Manpower alone can register a military victory.
Hence, population is a source of power. The major powers of our times are states with fairly
large populations. Large concentration of man-power in Asia, particularly China and India, has
been an important factor of the power structure in international politics. Human Power resulting
from the presence of a large class of skilled workforce has been a source for the emerging power
of India in the world.
Thus, it can be observed that:
1. Population is an important element of military power.
2. Man power is needed for fully exploiting the resources of the state. Industrial production
depends upon man-power as well as machines.
3. Population factor determines both national needs as well as policies designed to serve these
needs.
4. Population is an important human element of National Power.
However, it is not merely the large number of people that determines the power of a nation.
Britain, with a very small population, was in a position to rule many countries, even heavily
populated countries like India. Israel with a small population has been demonstrating a larger
amount of power than Arab countries.

Disproportionately large populations with a high growth rate have been hindrances in the way of
China and India. Population factor has been a source of limitation on Indias national power. It
has adversely affected the economic growth rate and has posed a perpetual food problem for
India. Poverty of India has been largely due to its over-population.
Moreover, it is not merely the quantity of population that influences national power. The quality
of population is a more valuable factor in the context of National Power. Dedicated, disciplined,
hardworking, healthy, educated and skilled manpower alone can be a source of power.
A nation inhabited by unhealthy, unemployed, lazy, unskilled, illiterate and ignorant people is
bound to be a weak and inactive power. Further, the large size of population is a big source of
strain as it leads to a rapid dilapidation of national resources. As such the evaluation of
population as a factor of national power must involve an evaluation in both quantitative and
qualitative aspects.
4. Economic Development and Industrial Capacity:

A. Economic Development:
Economic power is a vitally important part of national power of a nation because it is the means
for military power and the basis for welfare, prosperity and development of its people. A nation
with developed, healthy and growing economy alone can be a great power in world politics.
Effective economic organisation and planning are essential qualities of a powerful nation.
Poverty is always a source of limitation of power. It is this factor which has been largely forcing
most of the developing countries of the Third World to live with neo-colonialism.
The increased importance of economic instruments of foreign policy is a recognized fact of
present day international relations. Only nations with developed economies can use the economic
instrumentsaid, loan, rewards, trade, grants and denial of rewards or punishment, for securing
their desired goals in international relations. By using economic means a nation tries to exercise
its national power in a productive and useful way. The level of economic well-being determines
the power of a nation.
B. Industrial Capacity:
The economic factor is intimately linked up with industrial capacity of a nation. In this age of
science, industrialisation and technology developed industrial capacity alone can be a source of
enduring and effective economic development. Only industrially advanced nations can become
great powers. Today, the United States, the United Kingdom, France, Japan and Germany are
powerful nations because of their huge industrial capacities. They have the ability to process raw
materials, and thereby are in a position to control international economy. India is now emerging
as an industrial power.

Industrial capacity of a nation is thus an important factor of national power. Industrial

backwardness, despite the possession of raw materials, can be a source of weakness for any
nation. The USA, Russia and India have almost equal coal and iron resources, but some
weakness industrial capacity in India has been responsible for her comparatively less powerful
position. Since her independence, India has been trying conceitedly to develop her industrial
capacity and technology for increasing her power and role in international relations.
The modern warfare has made industrial capacity a significant factor of military power of a
nation. The agricultural production of a country can be increased only through industrialized
farming. Increased industrial capacity increases the agricultural capacity and the power of a
nation.
Thus, economic development and industrial capacity are important elements of national power.
However, like other elements these two are also closely related to other elements, particularly,
raw materials, technology, skilled human power, scientific talent and research, economic
resources and the like. Their role as elements of power has to be analyzed in relation with other
factors and not independently.
5. Technology:

Technology is the application of knowledge of science for promoting human welfare. It is the
ability to use scientific inventions for the promotion of human welfare. Progress in engineering
and industrial production is directly related to the nature and level of technology. It has been the
advanced technological ability that has largely contributed to the prosperity and power of the
developed countries.
In fact the level of technological advancement determines the power-status of a nation. A nation
backed by highly developed and advanced technology alone can be recognized as a developed
nation. The USA and other developed countries are technologically advanced nations and this
fact has been a major source of their power. Now nuclear technology has emerged as an
important source of power and influence in international relations.
Initially, monopoly over atomic secret was sought to be used by the USA for maintaining her
power superiority in relation with the erstwhile USSR. The success in acquiring the nuclear
technology in early 1950s, however, made it possible for the erstwhile USSR to successfully
compete with the US power in international relations.
The overkill capacity achieved by the nuclear powers, resulting from the huge stockpiling of
nuclear weapons of mass destruction, has been a source of limitation for other nations. The
nuclear technology, missile technology, space technology and information technology have given
a big boost to the power of some of the states. It has decidedly been a source of power for India.

The capacity of a nation to develop is greatly related to the capacity for technological
advancement. Industrial development, development of means of transport and communication,
military preparedness and all-round economic and social development can be really possible only
when a nation has access to advanced technology.
The ability to achieve this through self-efforts is a bigger source of strength than the capacity to
import know-how. The inability to register self-development makes a nation dependent upon
technologically advanced nations and hence it limits its national power.
The technological development secured by the Indian scientists in various spheres has been a
source of power for India. However, the continued dependence upon advanced nations for the
import of highly advanced technology in respect of certain vital spheres has been acting as a
source of limitation on Indias national power. Many developing or lowly developed countries
have not been in a position to fully use their natural resources because of the low levels of their
technological development.
The role of technology as a factor of national power can be judged from the fact that today
technological aid or assistance, weapon-technology, nuclear technology, information technology,
communication technology, dual use technology, and space technology are elements of
international relations and all these have been influencing the foreign policies of both the
developed and under-developed countries.
However, here again it must be pointed out that the importance of this factor stands linked up
with several other factors, like scientific and industrial capacity, raw materials, government
policies and educational facilities.
6. Military Preparedness:

Military power is a vitally important part of national power of a state. The importance of military
factor as an element of national power can be judged from the fact that many persons regard
these synonymous. Military power is not national power, nevertheless it is an important part of
national power which contributes to its strength and effectiveness.
Military preparedness is a background factor for the success of a foreign policy and it is a
tangible factor capable of supporting the foreign policy and promoting national interest. It
influences the level of success of foreign policy. The super powers and other major powers of our
times have been big military powers. By virtue of being a major military power, India, besides
other factors, is considered to be a major power having a potential to be a super power in the next
20 years or so.
While evaluating military preparedness as a factor of national power, we have to take into
account three factors:

(i) War technology or technological innovations,

(ii) Military leadership, and
(iii) Quantity and Quality of soldiers.
(a) War Technology:
War technology refers to the nature and type of weapon system that is available with the army of
the state. Modern warfare is a sophisticated technological warfare. The quantity and technical
quality of weapons and military equipment is a major factor that determines the level of military
power of a nation. Advanced military technology is always a source of strength and strategic
advantage.
(b) Quality of Military Leadership:
War technology is an important factor but it can be fruitful only when backed by efficient
planning and systematic and effective use. This brings into focus the role of military leadership.
Military planning is a valuable factor of military action in a war. Skilled, trained, experienced,
dedicated, energetic and disciplined military leadership alone can make the best use of available
weapons, equipment and manpower. A war victory can be possible only under effective and
efficient military leadership.
(c) Quantity and Quality of Soldiers:
In a war weapons and equipment play a key role but their role and effectiveness is dependent
upon the quantity and quality of soldiers. Military equipment and weapon-system is important,
but not as much as the soldiers who actually use these weapons and equipment. The number,
skill, training, discipline, dedication and morale of the soldiers are essential factors which can
make possible an effective and successful use of military weapons and machines.
Pakistan had a superior weapon system, tanks and aircrafts in both the 1965 and 1971 wars with
India. However, it failed to use this to its advantage because of inadequately trained and less
skilled men behind these machines. Indian soldiers could provide a decisive and befitting answer
to Pakistani aggressions because of their superior qualities. Kargil Victory was also the outcome
of the qualities of discipline, training and dedication of Indians Officers and Jawans.
We have to take into account these three factors for judging the level of military preparedness as
an element of national power. However, military preparedness is directly dependent upon such
factors as technology, industrial capacity, economic development, state of economy, policies of
the government, and strategic factors. Hence it is not an independent determinant of national
power.

7. Ideology:

Ideology is an intangible element of national power. It can be a source of both friendship and
enmity in international relations. Ideas and ideologies are elements of the power of a state. Pen
is mightier than sword or at least pen has a might which can be a source of strength for a nation.
The ideology that a government upholds can be a source of unity and support of the people at
home and abroad. The ideology of communism served as a big source of strength for the
communist states between 1917-90 period.
Ideology helps a nation to influence the exercise of its power. It serves as a source of unity and
strength both at home and abroad. The adoption of the ideology of democratic socialism helped
India to establish friendly and cooperative relations with the democratic west and the socialist
east. It also acted as a source of popular support for the Government of India.
However, a choice of wrong ideology can be a source of weakness. Nazism weakened Hitlers
Germany and Fascism did the same to Mussolinis Italy. Further, ideological differences within a
nation, as well as among different nations can be a source of weakness.
Capitalism Vs. Communism paved the way for the emergence of a cold war between the West
and the East. It kept the powers of two super powers conditioned and limited. The ability of the
nation to use several ideological principles (particular ideologies) always determines its national
power.
While evaluating the role of ideology as an element of national power, we must also take into
account the means which a state has as its disposal for advertising and propagating the ideology.
The propaganda and publicity facilities available to a state also act as a factor of national power.
8. Leadership:

Leadership of a nation is an important human element of national power. The utilization of man
power resources, natural resources, raw materials, technology, industrial capacity, military power
and ideology for strengthening the national power of a state is dependent upon the qualities of
the leadership that runs the government of the state.
Civil and Military planning is a function of the political leaders. To make and implement foreign
policy is the responsibility of the leadership, the decision-makers of the state, in particular.
National Power is basically the power of the leaders, statesmen and diplomats of the nation to act
strongly in international relations.
The quality of leadership determines the nature and extent of power that a nation can use for
securing its national interests. Efficient, devoted and mature leadership can be a source of
national power in the sense that a judicious use of power can surely increase the national power

and its operational effectiveness. National Power really means the ability of national leaders and
decision-makers.
9. Organisation and Quality of Government:

The mere possession of material and human resources cannot lead to national power if the
agency for steering and coordination of human efforts, that is, the government of the state is not
well organised, efficient and effective. It is the business of government to coordinate direct,
control men and material resources for securing power for fulfilling goals of national interest.
There are many examples which highlight the importance of this factor of national power. For
decades China (Before 1949) remained a weak power because, among other reasons, the central
government lacked effective control over major portions of the country. Similar was the case of
France. Until De Gaulle took control in France in the year 1958, political power remained
divided among a number of political parties.
This not only brought repeated crisis to the polity but also made it difficult for the French
government to pursue policies on an enduring basis. Such a situation acted as a serious limitation
on French power in international relations. As such, effectiveness of governmental organization
and administration within the state is very essential for a nation to become powerful.
Frequent and big changes in Pakistans leadership have been an element of its national power. It
has tended to weaken Pakistan. Only a well-organised and well-functioning democratic
government can be an enduring and helpful factor of national power.
10. National Character and Morale:

(i) National Character:

An important but intangible element of national power is national character. National character is
a collective name for referring to the traits of the people, their attitude and aptitude towards work
and national needs. National character undoubtedly influences national power as it manifests
qualitative make up of the people in their actual behaviour.
Scholars tell us that Russians are known for their sturdiness, elementary force and persistence.
Americans for their inventiveness, initiative and spirit of adventure. Britishers for their undogmatic common sense, and Germans for discipline and industriousness, Japanese for their
nationalism, Indians for their tolerance, idealism and faith in rich cultural traditions and Chinese
for their cosmic un-changeability. Traits of national character definitely influence the national
power of a nation.
(ii) National Morale:

Along with national character, national morale is also an element of national power. National
morale, in the context of national power, refers to the degree of determination with which a
nation supports the foreign policy of its government in peace and war, it permeates all activities
of a nation, its agriculture and industrial productions as well as its military establishments and
diplomatic service. (Morgenthau).
High morale means a healthy frame of mind characterised by fidelity to cause and it depends
upon a combination of circumstances and the quality of leadership, and can be subject to
frequent and sometimes sudden fluctuations. Indian morale became quite low after severe
reverses in Sino- Indian War of 1962.
The success in 1965 and 1971 wars, the successful green revolution and the entry into nuclear
club through a peaceful nuclear explosion in May 1974, followed by 1998 nuclear explosions
gave vital strength and reinvigorated Indian national morale Development of IT sector and steady
economic development have how increased the morale of the people of India as well as Indias
credibility in the world.
A high and healthy national morale can be a big source of power which can lead to successful
use of power for securing the national interest. The high morale of Indian army was a factor in
the victories in 1971 Bangladesh war and 1999 Kargil war with Pakistan.
National character and morale are elements of national power but their role can be positive or
negative. Further, their evaluation as factors of national power must be done with reference to
other human and material factors. The intangibility of these factors particularly, national
character must also be kept in mind.

11. Diplomacy:

Diplomacy is another important element of national power. Hans J. Morgenthau regards it as the
most important, though unstable element of national power. Diplomacy is the means of foreign
policy and as such helps it to achieve better results through judicious hard work and persuasion
in international relations. Success of foreign policy of a nation largely depends upon the quality
of Diplomacy that takes it to foreign capitals.
Diplomacy of high quality can bring the ends and means of foreign policy into harmony with the
available resources of national power. It can trap the hidden sources of national strength and
transform these fully and squarely into political realities.
British diplomacy has been instrumental in projecting Britain as a major power in world politics,
even after the loss of its status as a mighty imperial power. During the inter-war period, the USA

was politically and militarily very strong but it played a minor role in world politics because of
its weak diplomacy. At times, weak diplomacy has acted as a source of weakness for India.
The role of diplomacy as an element of national power has undergone a big change in
contemporary times. The emergence of new diplomacyopen and conference diplomacy, has
somewhat limited its role as a factor of national power. We cannot accept Morgenthaus thesis
that diplomacy is the most important of all the elements of national power. Nevertheless, we
cannot deny that diplomacy is an important factor of national power. A diplomacy of high quality
can effectively contribute towards an effective and successful exercise of national power.

Origins[edit]
The Non-Aligned movement was never established as a formal organization, but became the name
to refer to the participants of the Conference of Heads of State or Government of Non-Aligned
Countries first held in 1961. The term "non-alignment" was established in 1953 at the United
Nations. Jawaharlal Nehru used the phrase in a 1954 speech in Colombo, Sri Lanka. In this speech,
Nehru described the five pillars to be used as a guide for Sino-Indian
relations called Panchsheel (five restraints), these principles would later serve as the basis of the
Non-Aligned Movement. The five principles were:

Mutual respect for each other's territorial integrity and sovereignty

Mutual non-aggression

Mutual non-interference in domestic affairs

Equality and mutual benefit

Peaceful co-existence

INTRODUCTION
The term 'non-alignment' is used to describe the foreign policies of those states that refused to
align with either of the two blocs led by the two Superpowers i.e. the U.S. and the U.S.S.R., and
instead, opted to pursue an independent course of action in international politics. The NonAligned Movement (N.A.M.) emerged when individual non-aligned states came together and
coordinated their efforts on a common platform. It changed the nature of inter-state relations by
enabling the newly independent developing countries to play a significant role in world affairs

Non-alignment emerged in the context of two global developments: the national liberation
struggles of colonies and the Cold War between the U.S. and the U.S.S.R. leading to two military
blocs and alliances. Despite political independence, the new states were economically
underdeveloped and vulnerable to new imperialist pressures. The term non-alignment denotes the
perspective of states that wanted to remain outside this system of alliances in order to follow an
independent course of action in external policy and relations. The imperatives for non-alignment
sprang from economic, political, strategic and indigenous sources. These states came together on
a common platform and formed the Non-aligned Movement. It provided an important forum for
the discussion of common problems facing the developing countries of the South and for arriving
at Concerted Action to achieve common aims. It upholds principles which seek to promote
political and economic justice in the international system.

THE CONCEPT OF NON-ALIGNMENT

Non-alignment means the refusal of states to take sides with one or the other of the two principal
opposed groups of powers such as existed at the time of the cold war. Nonalignment can be
defined as not entering into military alliances with any country, either of the Western bloc led by
the U.S. or the communist bloc led by the U.S.S.R. It is an assertion of independence in foreign
policy. Some Western scholars have persistently confused non-alignment "with isolationism,
noncommitment, neutrality, neutralism and non-involvement. Non-alignment is not neutrality.
Non-alignment is a political concept, whereas, neutrality is a legal concept. Unlike neutrality,
non-alignment is not a law written into the Constitution of the state. Neutrality is a permanent
feature of state policy, while non-alignment is not. Further, unlike neutrality, non-alignment is
not negative, but is a positive concept. It stands for (a) an active role in world affairs and (b)
friendship and cooperation with all countries. It consists of taking an independent position based
on the merits of each issue, and, on the requirements of national interest. It is not directed against
any ideology but seeks to promote peace and friendship in the world, irrespective of ideological
differences. Non-aligned nations continuously opposed the politics of Cold War confrontations.

They underlined the necessity of building peace and "peace areas" in a world of clear bipolarism.
Non-alignment was also not a policy based on opportunism which tried to gain advantage by
playing one power against another.

8.4 EVOLUTION OF THE NON-ALIGNED MOVEMENT

The non-aligned movement evolved out of the concerted efforts of individual nonaligned states
to build a common front against the superpower and neo-imperialist domination. Jawaharlal
Nehru from India, Gamal Abdal Nassar from Egypt and Josip Broz Tito from Yugoslavia took
the first step in building this movement. Among thckt3 first architects Nehru would be specially
remembered. His early perception about the rise of neo-imperialism and the consequent
insecurity that would bc faced by the smaller states, made a major contribution towards building
this movement. Nehru believed that the countries of Asia and Africa, should build up an alliance
of solidarity to fight neoimperialism. As a first step he tried to organise an Asian front in the
forties. In 1947 he called an Asian Relations Conference in New Delhi. In the fifties as the states
of Africa started gaining independence from colonial rule it became necessary to expand the base
of this front. In April 1955, therefore, Nehru together with leaders of Indonesia, Burma, Sri
Lanka and Pakistan convened an Afro-Asian Conference at Bandung in Indonesia. Both these
Conferences highlight the political and economic insecurity that was threatening the newly
independent states at the time. However, Bandung Conference failed to build a homogenous
Asian and African front as a number of these States did not agree to conduct their foreign
relations under the banner of anti-imperialism. 'They had either already joined the various
Western military alliances or had closely identified their interests with that of the Western
Powers. The rift between the two groups was visible at Bandung itself. In the post-Bandung
years, thus, it became necessary to build up an identity for the non-aligned states on the basis of
principles and not on the basis of region. The effort united these states with Yugoslavia which
was similarly looking for a political identity in international affairs. The embryo of the later nonaligned conferences first came into being a Brioni, in Yugoslavia, in June 1956, where Tito
conferred with Nehru and Nassar on the possibility of making real the unspoken alliance which
bound them together. The efforts finally resulted in the convening of the first non-aligned
conference at Belgrade in 1961. Five basis were determined and applied, for countries to be
members of the Non-aligned Movement. Only such countries as fulfilled these conditions were
actually invited to the conference. There were : a) independent foreign policy, particularly in the
context of Cold War politics; i b) opposition to colonialism in all its forms and manifestations; !
c) should not be a member of any of the military blocs; ' d) should not have concluded any
bilateral treaty with any of the two superpowers; e) should not have allowed military bases on its
territory to a superpower, qualified for attendance at the Belgrade summit. The NAM summit
conferences from time to time, have discussed several issues and problems. At the first summit
(Belgrade, 1961) 25 countries, who attended it, discussed the situation in Berlin, question of

representation of People's Republic of China in the United Nations, the Congo Crisis,
imperialism as potential threat to world peace, and Apartheid. The Conference expressed full
faith in the policy of peaceful co-existence. India was represented by Nehru. The Cairo summit,
held in 1964 was attended by 46 countries. The Indian delegation was led by La1 Bahadur
Shastri. The conference emphasised the urgent need for disarmament, pleaded for peaceful
settlement of all international disputes, urged member-governments not to recognise the white
minority government in Rhodesia and reiterated the earlier stand of NAM against apartheid and
colonialism. The demand for representation of People's China in the United Nations was also
reiterated. Cold War Period The third summit at Lusaka in 1970 (attended by 52 countries) called
for withdrawal of foreign forces from Vietnam and urged the member-states to boycott Israel
which was in occupation of certain neighbouring Arab countries territories. It requested
governments of member-nations to intensify their struggle against Apartheid and as a part of the
struggle, not to allow the fly over facility to the South African aircrafts. The summit resolved to
increase economic cooperation. It rejected thc proposal to establish a permanent secretariat of the
Movement. The Indian delegation was led by Indira Gandhi. There were signs of detente in Cold
War Politics by the time the next summit met at Algiers (1973 attended by 75 countries). It
welcomed easing of international tens~on, supported detente, and repeated NAM's known stand
against imperialism and apartheid, and resolved to encourage economic, trade and technical
cooperation amongst memberstates. The conference demanded a change in the existing
international economic order which violated the principle of equality and justice. In 1976, the
Colombo summit was attended by 85 countries. The U.N General Assembly had given a call for
a New International Economic Order In 1974. The NAM at Colombo not only gave wholehearted support to this demand, but asked for a fundamental change in the world monetary
system an3 form. It was proposed that the Indian ocean be declared a zone of peace. As there was
a caretaker government in India, the then Prime Minister Charan Singh decided to send his
foreign minister to represent the country at the sixth summit at Havana (1979). The number of
participant rose to 92. Pakistan was admitted to the Movement and Burma (a former member)
left the NAM. The Cuban President Fidel .a Castro described the former U.S.S.R. as a natural
friend of the Movement The summlt reiterted the well known position against imperialism,
colonialism, neo-colonialism and apartheid. The summit resolved to support freedom struggle in
South Africa and to stop oil supply to that country. As Egypt had resolved her differences with
Israel, some of the anti-Israel countries sought suspension of Egypt. The summit merely
discussed the' proposal. t The Seventh Summit (due in 1982 at Baghdad) could not be held in
time due to IranIraq War. It was held at New Delhi in 1983 and attended by 101 countries. The
New Delhi declaration sought to reiterate the known position of NAM on various issues. It hoped
for any early end to the Iran-Iraq War and for liberation of Nam~bia. However, the conference
failed to take any stand on Soviet intervention in Afghanistan. The Soviet occupation was openly
supported by Vietnam, S. Yemen, Syria and Eth~op~a. It was strongly opposed by Singapore,
Nepal, Pakstan. Egypt and Zaire. The Harare Conference (1986) adopted the Harare declaration
and sought greater economic cooperation among its members and North-South cooperation for
faster development in the South. The summit gave a call for new International Information 1 and

Communication Order to end the western monopoly over news disbursement. In view of likely
retaliation by the apartheid regime of South Africa against Frontline 1 countries who were
applying sanctions, the NAM decided to set up a fund called Action for Resistance against
Imperialism, Colonialism and Apartheid. In abbreviated form it came to be known as the
AFRICA Fund. The 1989 Belgrade Summit was the last one to be held before Yugoslavia
disintegrated and at a time when Cold War was just ending. It gave a call against international
terrorism, smuggling and drug trafficking. The principle of self-determination was reiterated
particularly in the context of South Africa and her continued rule over Namibia. The tenth
conference at Djakarata in 1992 was the first assembly of NAM after the end of Cold War. The
summit was at pains to explain that even after the collapse of Soviet Union and end of Cold War,
there was utility of the movement as a forum of developing countries struggling against neocolonialism and all forms of big-power . interference. The main issue was preservation of NAM
and strengthening its identity as an agency of rapid development for its members in a tensionfree world. The eleventh NAM Summit was held at Cartagena (Colombia) in October, 1995.
India was represented by a high-power delegation led by Prime Minister P.V. Narasimha Rao The
summit, second after the end of the Cold War, tried to find its role in the changed circumstances
of a world without blocs. An effort was made by Pakistan, at the foreign ministers level, to
persuade NAM to evolve a system in which bilateral disputes may be sought to be settled by the
movement. This was a clever way of bringing Kashmir on the agenda of NAM. Pakistan did not
succeed in its design. An important decision taken by the 113-member NAM summit was to give
a call for general and universal disarmament. India won a spectacular victory in its lone battle
against the monopoly of the nuclear power countries over atomic weapons. The NAM resolved
to take the issue to the United Nations by moving a resolution for the complete elimination of all
weapons of mass destruction. This endorsement of India's position gave encouragement to India's
consistent stand against signing the discriminatory Non-proliferation Treaty (NPT). The
endorsement of India's position on NPT by NAM was all the more significant because 11 1 out
of 113 members of NAM have already signed the NPT. They had earlier in 1995, voted at New
York for indefinite extension of. the NPT. Pakistan continued to favour a regional nuclear
arrangement and did not share India's concern about discriminatory nature of the NPT. Pakistan's
view was also , acco~nmodated in the final communique which urged states to conclude
agreements for creation of nuclear weapon free zones, wherever they did not exist. Pending
creation of such zones, Israel was called upon to renounce possession of nuclear weapons, to
accede to NPT, and to promptly place all its nuclear abilities under full scope of International
Atomic Energy safeguards. This summit also called for total and complete prohibition of the
transfer of all nuclear-related equipment, information, material and facilities.

Requirements for membership of the Non-Aligned Movement coincide with the key beliefs of the
United Nations. The current requirements are that the candidate country has displayed practices in
accordance with the ten "Bandung principles" of 1955:[16]

Respect for fundamental human rights and for the purposes and principles of the Charter of
the United Nations.

Respect for the sovereignty and territorial integrity of all nations.

Recognition of the movements for national independence.

Recognition of the equality of all races and of the equality of all nations, large and small.

Abstention from intervention or interference in the internal affairs of another country.

Respect for the right of each nation to defend itself singly or collectively, in conformity with
the Charter of the United Nations.

Refraining from acts or threats of aggression or the use of force against the territorial
integrity or political independence of any country.

Settlement of all international disputes by peaceful means, in conformity with the Charter of
the United Nations.

Promotion of mutual interests and co-operation.

Respect for justice and international obligations.