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HC: United Nations not a State under Article 12
Why in news?
- The Delhi High Court has ruled that the United Nations is not a State under Article 12 of the Constitution of India and is not amenable to its jurisdiction under Article 226 of the Constitution.
More in news
- Reason behind:(1) An Indian diplomat convicted by a US Federal Court and sentenced to 97 months of imprisonment and two years of mandatory probation, was released and deported to India in May 2014.(2) In his petition, he claimed that due process was not followed in his case.(3) He had written a letter to the Ministry of External Affairs seeking a grant of permission to initiate legal action against the United Nations Organization (UNO) under section 86 of Civil Procedure Code, 1908.(4) The Ministry replied that the consent of the Government of India is not required to initiate a legal suit against UNO as it is not a foreign state and is only an Internal Organization.
- What was said by MEA further?(1) UNO and its officials enjoy immunity under the United Nations (Privileges and Immunities) Act, 1947.(2) As per Section 2 of Article II of the Schedule of Act, 1947, UNO has immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity.
- In Article 12 the term ‘State’ includes:(1) The Government and Parliament of India: the term “State” includes Government of India (Union Executive) and the Parliament of India (Union Legislature).(2) The Government and the Legislature of a State i.e., the State Executive and the legislature of each state.(3) All local authorities and Other authorities within the territory of India; or under the control of the Central Government.(4) The term ‘other authorities’ in Article 12 has nowhere been defined.
Source
The hindu