UNITED NATIONS NOT A STATE UNDER ARTICLE 12

May 20, 2019

The Delhi High court has held that United Nations Organization (UNO) is not ‘State’ in terms of Article 12 of the Constitution of India and is thus not amenable to Article 226 jurisdiction.

Background:

The judgment was passed in a petition concerning the immunity enjoyed by the UNO under the United Nations (Privileges and Immunities) Act, 1947.
The petitioner was a former UNO employee who was found guilty of misconduct pursuant to the findings of a Procurement Task Force. The Petitioner also faced trial in the United States and after serving his sentence, he was deported to India.
Thereafter, the petitioner sought permission of the Ministry of External Affairs to initiate legal action against the UNO in terms of section 86 of Civil Procedure Code, 1908.
The Ministry stated that the consent of the Government of India was not required to initiate a legal suit against UNO as it was not a foreign State and was only an International Organization. It, however, added that UNO and its officials enjoyed immunity under the United Nations (Privileges and Immunities) Act, 1947.
The same became the subject matter of the petition filed before the High Court.