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S.S.

Jain Subodh Law College

IMPORTANCE OF UN SECURITY COUNCIL

Project Submission as per fulfillment of Public International Law

Submission To:

Submitted By:

MS. SWATI BENIWAL

ANUPAM BHARGAVA

FACULTY OF PUBLIC INTERNATIONAL LAW

Roll no: - 03
VII Semester
S.S. Jain Subodh Law College

TABLE OF CONTENTS

1.
2.
3.
4.
5.
6.
7.
8.
9.

Certificate3
Acknowledgement4
Research Methodology5
Abstract 6
Introduction7
Composition9
Need For The Enlargement of Security Council.10
Functions And Powers of Security Council..11
Relationship Between Security Council And General Assembly13
10. Comparison of The League Council With The Security Council..14
11.
12.
13.
14.

Expansion of Security Council..16


Role of India in Security Council.17
India as Permanent Member of Security Council..18
Limitations of Security Council19

15. Conclusion
16. Bibliography

CERTIFICATE
This is to certify that ANUPAM BHARGAVA of VII Sem of (B.A.LL.B) has prepared and
submitted the project report enclosed with under my direct and close supervision that this is a
bonafide piece of work done by him. It has not been submitted to any other university or it has it
been published at any time earlier.

MS. SWATI BENIWAL


Signature

ACKNOWLEDGEMENT
I take this opportunity to express our humble gratitude and personal regards to MS.
SWATI BENIWAL for inspiring me and guiding me during the course of this project work and
also for her cooperation and guidance from time to time during the course of this project work on
the topic.

JAIPUR

(Student sign)

6TH OCTOBER 15

ANUPAM BHARGAVA

RESEARCH METHODOLOGY
Aims and Objectives:
The aim of the project is to present a detailed study of the topic IMPORTANCE OF
UN SECURITY COUNCIL IN PRESENT SENERIO forming a concrete informative
capsule of the same with an insight into its relevance in the Public International Law.
Research Plan
The researchers have followed Doctrinal method.

Scope and Limitations:


In this project the researcher has tried to include different aspects pertaining to the
concept of Importance of UN Security Council in Present Scenario special attention is also
provided on Public International Law, basis of object of Importance of UN Security Council in
Present Scenario, impact of judicial pronouncements on Importance of UN Security Council in
Present Scenario and lastly conclusion.
.
Sources of Data:
The following secondary sources of data have been used in the project

Case Study

Websites

Case Laws

Books
Method of Writing and Mode of Citation:
The method of writing followed in the course of this research project is primarily
analytical. The researcher has followed Uniform method of citation throughout the course of this
research project.

ABSTRACT
The United Nations (UN) was formed on October 24, 1945 after the mass destruction that the
world saw during the Second World War. The Second World War ended with the dropping of
nuclear bombs at Hiroshima and Nagasaki. This kind of destruction was never seen before and it
was realised that if this kind of war happens again then the life at Earth will cease to exist. In
order to promote peace and security this organisation was formed. One of its primary objectives
includes maintenance of world peace and security and to promote friendly relations among

nations. It has six principal organs and Security Council is one of them. The Security Council is
entrusted to achieve the most primary objective of UN that is the maintenance of international
peace and security. The council is composed of 5 permanent members and 10 non-permanent
members. The 10 non-permanent members are elected for a period of two years by the General
Assembly. The council has been given vast range of powers. While other organs of the UN can
only make recommendations to the member states, the Security Council under Article 25 of the
UN Charter is empowered to take decisions which will be binding on all the member state. The
Council is empowered to order mandatory sanctions, call for ceasefires and to take military
actions against the aggressor on behalf of the UN. The council also has a role in the admission of
new members of the UN, the appointment of the Secretary-General and the election of the judges
to the International Court of Justice. It is in view of these powers that the Security Council
assumes great significance. In view of these powers and due to the greater role of maintaining
world peace and order it is necessary for the UNSC to be a fair, legitimate, impartial and global
body. However, it has largely failed in these aspects and it is in this context that the criticisms of
UNSC must be looked into.

CHAPTER 1 :-

INTRODUCTION

The Security Council is one of the principle organs of the United Nations. It has the
responsibility of maintaining international peace and security. Because of its important duties,
the Security Council must be structured fairly and must have qualified members that are willing
to take action when necessary and to make good decisions.

In order to promote international peace, security and cooperation, the United Nations must have
a better structured Security Council. It is good for the Security Council to continue having both
permanent members and nonpermanent members because it is always helpful to have some
members that can lead others and be able to make good decision on important matters, while the
rest of the members give helpful opinions and suggestions. However, the Security Council
should be expanded because fifteen members is not a good size for it. Having more permanent
and nonpermanent members would be helpful because it can give other countries the opportunity
to give their opinion and help make good decisions. For this reason, the Security Council should
be expanded to twenty-four members, with eight permanent members and sixteen nonpermanent
members. It should continue with a 1:2 ratio because it is helpful to have just a few leaders so
that they can make better decisions, and twice as many other nonpermanent members so there
can be a diversity in opinions.
Membership in the Security Council should be made more representative and reflective of
todays global power and reality. The Security Council should be structured more fairly and
according to todays realities. According to an article in the World Policy Journal, Europe has
less than 10 percent of the worlds population, but it has a 40 percent vote inside the permanent
five. India, on the other hand, has a population of over 1 billion people. Japan is the second
largest contributor to the United Nations. However, neither India nor Japan are inside the
Security Councils permanent five. The Security Council should also consider other countries
that are world powers and that might be good leaders to be included in the permanent members.
It should also have regional diversity so that most parts of the world can have a voice on
important matters, because right now Latin America and Africa dont get a veto on different
matters of war and peace. When it comes to the voting process, it would be better that a
resolution require two vetoes instead of one to be eliminated so that it can have balance of power.

CHAPTER 2 :-

COMPOSITION

The Dumbarton proposals emphasized the establishment of an executive organ, whose


membership might be limited and which could be entrusted the primary responsibility for the
maintenance of International Peace and Security. In San Francisco Conference it was finally
decided to establish such an organ in the form of the Security Council. In accordance with the
provision of Article 7 of the United Nations Charter, the Security Council is one of the organs of

United Nations. It comprises of 15 members (5 permanent members and 10 non- permanent


members). China, Russia, America, France and Britain are the permanent member of the Security
Council. The first council came into being on 12th January 1946, when the General Assembly
elected its 6 members. Before 31st August, 1965 the Security Council consist of eleven members.
On 17th December, 1963 amendment to Article 23 of the Charter was adopted by General
Assembly. It provided that Security Council would consist of 15 members- 5 permanent and 10
non-permanent members. This amendment came into force on 31st August, 1965. Before the
amendment even without exercising veto, the permanent members could prevent the Security
Council from taking any decision any matter because the Security Council then consisted of 11
members and decision on ordinary or non- substantial matters requires seven affirmative votes. It
five permanent members voted against the proposal Security Council could not take any decision
on it. But this is no more possible because now the Security Council consists of 15 members- 5
permanent and 10 non-permanent members and decisions on non-substantial or procedural
matters 9 affirmative-votes are required. Thus on non-substantial matters the Security Council
can take a decision on the basis of the affirmative votes of non-permanent members. Ten nonpermanent members are elected by the General Assembly for a period of 2 years.

CHAPTER 3:-NEED FOR THE ENLARGEMENT OF THE SECURITY


COUNCIL
After the Gulf War (1991) and the breaking of Soviet Union the need for enlargement of the
Security Council is being greatly felt in a view of changed situation. Since the breaking of the
Soviet Union, we are living a Unipolar World with the United States of America as sole Super

power. In the non-aligned two day foreign minister conference held at Larnaca (Cyprus) in the
first week of February 1992, the need for democratization of the U.N. system emerged as a
recurrent theme. For example, Indian Foreign Affairs Minister, Mr. Madhav Singh Solanki, who
was the first to address the delegates during the closed door deliberations, stressed that with a
view to reflect the increased strength of the General Assembly and the new power configuration
in the world, on way of demarcating the U.N. would by reviewing the membership of the
Security Council. There seems to be much force in the view expressed by Indian Foreign Affairs
Minister. When the Security Council was increased from 11 to 15 in increased to 192 at present
but the membership of the Security Council remains same. Besides this, there are other
imbalances in the existing composition of Security Council. Africa and Latin America are
unrepresented. China is sole representative of Asia, the largest continent from point of area and
population. Then two economic super powers-Germany and Japan are not the permanent
members. Moreover, India also ought to be made permanent member. In view of these reasons,
the membership of the Security Council ought to be increased from 15 to 25 including 10
permanent members. The new five permanent members should be chosen from amongst the
countries such as Japan, Germany, India, Egypt, Brazil and Nigeria. Besides this 5 new nonpermanent members should be elected on Geographical basis to make Security Council more
representative.

CHAPTER 4: -

FUNCTIONS AND POWERS OF SECURITY COUNCIL

Functions and Powers of Security Council can be conveniently discussed under following heads:
1. Maintenance of International Peace and Security: - By the very act of joining the UN, all
members "confer on the Security Council primary responsibility for the maintenance of

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international peace and security and agree that in carrying out its duties under this responsibility
the Security Council acts on their behalf" . They also consent "to accept and carry out" the
decisions of the council on any peacekeeping action that may be required. Under Article 39 of the
charter, the Security Council's powers to take such enforceable decisions come into effect only
when a definite "threat to the peace," an actual "breach of the peace," or a particular "act of
aggression" has occurred. Only if the council decides that one of these circumstances prevails
may it invoke its power to take a course of enforcement action that constitutes a legally binding
commitment on all UN members. With regard to disputes between states that, in the opinion of
the council, have not yet led to a definite threat to the peace or do not constitute an actual breach
of the peace or an act of aggression, it may simply recommend measures for a peaceful
settlement.
The extreme caution with which the founders of the UN assigned governmental prerogatives to
the Security Council is reflected in the fact that its peacekeeping powers are set out in two quite
separate chapters of the charter. Chapter VI establishes the council's advisory functions in
assisting the peaceful settlement of disputes. Chapter VII defines the kind of action that it may
take in the event of threats to the peace, breaches of the peace, and acts of aggression.

2. Elective Functions: - The Security Council also performs some elective functions. For
example, Security Council and the General assembly separately elect the judges of the
International Court of Justice. In this way the Security Council participates in the election
of Judges of World Court. Besides the Security Council also recommends the
appointment of the Secretary General of the United Nations. Article 97 provides that
Secretary General shall be appointed by the General Assembly upon recommendations of
Security Council. Although the word election has nowhere been General is a substantial
matter under the Charter and, therefore affirmative votes of 9 members including 5
permanent members are necessary.
3. Supervisory Function: - The Security Council also performs some supervisory
functions. That is to say, it supervises the functions of the Organizations as whole
although its supervisory functions are not as wide as that of General Assembly. But since
it has been conferred upon some very important functions in regard to the expulsion and
suspension of members it may be wrong to contend that through this exercises
supervision upon the United Nations as whole. Article 5 provides that a member of the
United Nations against which preventive or enforcement action has been taken by the

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Security Council may be suspended from the exercise of the rights and privileges of
membership by General Assembly upon the recommendations of the Security Council.
The Article further provides that the exercise power and privileges may be restored by
Security Council. That is to say, in respect of the restoration of rights and privileges of
the members, concurrence of General Assembly is not required. The Security Council has
been given exclusive power in this connection. Moreover, Article 6 provides that a
member of United Nations which has persistently violated the principles contained in the
Charter may be expelied from the Organizations by the General Assembly upon the
recommendations of Security Council. These powers enable the Security Council to
exercise supervision over the Organizations as a whole. Last but not the least the Security
Council is responsible for control and supervision of the strategic areas of the Trust
territories under Trusteeship System of United Nations.
4. Constituents Functions: - The constituent powers of the Security Council are very
important. Article 108 of the Charter provides that amendments to the present Charter
shall come into force for all members of United Nations when they have been adopted by
a vote of two-third of the members of the General Assembly and ratified in accordance
with their respective constitutional process by two-third members of United Nations,
including all permanent members of the Security Council. It is clear from this that no
amendment of the charter is possible unless and until all the permanent members of
Security Council give their affirmative votes on it and it is subsequently ratified by their
respective governments. In respect of the constituents powers, the Security Council is
certainly more important organ of General Assembly.

CHAPTER 5 : - RELATIONSHIP BETWEEN SECURITY COUNCIL AND


THE GENERAL ASSEMBLY
In accordance with the provision of Article 7 of the Charter both Security Council and General
Assembly are the principle organs of United Nations. These two organs occupy a place of
prominence in the whole set-up of the United Nations. Many matters under the Charter require
recommendations of the Security Council and a decision of General Assembly. This is to say, no

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decision can be taken on such matters unless Security Council has recommended and General
Assembly has also concurred with that decision. For example the Security Council and the
General Assembly separately elect the judges of the International Court of Justice. Besides this
their participation is necessary for admitting new states to the United Nations. A new state can be
admitted to the United Nations only when the General Assembly elects it by two-third majority
upon the recommendations of Security Council. Similarly both participate in the suspension and
expulsion of members. All these matters can be decided only when there is an affirmative
recommendation of the Security Council and concurring decision of the General Assembly.
Similarly, the Secretary-General is appointed by the General Assembly on the recommendations
of Security Council.
Moreover, there are certain other provisions under which Security Council and the General
Assembly are connected with each other. The Security Council sends its annual report to the
General Assembly. So far as the maintenance of world peace and security are concerned its
primary responsibility rests upon the Security Council (Article 24) out if Security Council fails
to perform its functions or fails to make its affirmative recommendations in regard to any
conflict, the General Assembly may step in and perform certain functions related to peace and
security. These powers have been conferred upon the General Assembly under the uniting for
Peace Resolution, 1950. Thus we see that the General Assembly and Security Council are
intimately connected with each other. In fact the United Nations can achieve its objectives only
when these two principal organs of the United Nations co-operate with each other in solving the
problems confronting the Organizations.

CHAPTER 6 : - COMPARISON OF THE LEAGUE COUNCIL WITH THE


SECURITY COUNCIL
The originators of the covenant expected the Council to be the pivotal organ of the League, a sort
of revitalized yet disguised Concert of Erupe under the majority will of the United States, Great
Britain, France, Italy and Japan. It was to perform the role of a modified executive committee
and as such to administer league policy. As the League system developed, however the Council

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failed to measure up to some of the hopes for it. Its life was handicapped from the start by the
defection of the United States. The repeated failure of all the permanent Council members to
accept their responsibilities under the Covenant weakened the position of the Council and
eventually destroyed the League. The Security Council was also envisaged as the executive of
the United Nations by the framers of U.N. charter. They conferred upon it the primary
responsibility for the maintenance of the International Peace and Security, the basic purpose of
the United Nations. But because of the conflict among the major powers the Security Council has
failed to fulfill the expectations of the framers of the Charter. But as compared to the League
Council it has proved to be more active and potent and has many times prevented the escalation
of armed conflicts. While the League Councils greatest failure successful to prevent breaking
out of the Third World War and much of the credit for this must be given to Security Council.
The Security Council certainly more potent and effective than League Council because inter alia
it is represented both by U.S. and the U.S.S.R.
The Covenant did not make clear demarcation of the functions of the Assembly and the Council.
The powers of the Council were scattered throughout the provisions of the Covenant. On the
other hand, the charter of the U.N. made clear demarcation of the functions of the Security
Council and the General Assembly. Decisions on all substantial matters in the League Council
required the agreement of all the members of the League represented in the meeting. Thus the
unanimity rule prevailed during Council meetings which permitted any member large or small,
the right of veto.
The League Council did not possess armed forces or effective sanctions to enforce its decisions.
The sanctions at the disposal of the Security Council are certainly more effective. The framers of
the Charter envisaged armed force at the disposal of the Security Council to ensure the
maintenance of International Peace and Security and they provided accordingly. But it requires
special agreements which could be materialized because conflict between major powers.
The Covenant did not clearly define the limits of self- defense. Article 51 of the Charter only
clearly defines the limits of individual and collective self-defense but places the whole matter
subject to the review, control and supervision of Security Council.

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Under Chapter VI of the Charter, the Security Council possesses wide powers in respect of
pacific settlement of disputes. These powers are far greater and wide than those possessed by the
League Council.
In the view of above discussion, it may be concluded that the Security Council is definitely a
more potent, effective and more representative organ than its predecessor, the League Council,
and it has made positive contributions in maintaining or restoring International Peace and
Security in a number conflicts.

CHAPTER 7 :-

EXPANTION OF THE SECURITY COUNCIL

To make the UNSC more democratic and representative, the demand for expansion of the
Security Council has been raised quite significantly. The G4 group comprising of Brazil,
Germany, India and Japan have made the strongest demand for expansion of the permanent seats.

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Japan and Germany, the main defeated powers in World War II are now one of the most
industrialised and largest economies of the world. They are also the second and third largest
contributor to the UN Budget. They are also the second and third largest funders of the United
Nations, while Brazil and India are two of the largest contributors of troops to UN-mandated
peace-keeping missions. Of these, India is the largest democracy of the world and is actively
involved in UN peace-keeping operations. It is in this regard, that Indias bid for expansion of the
Security Council gets important. Before that, Indias role in the Security Council needs to be
looked upon into.

CHAPTER 8: -

ROLE OF INDIA IN SECURITY COUNCIL

India was among the original members of the United Nations that signed the declaration of the
United Nations and also participated in the historic conference United Nations Conference of

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International Organization at San Francisco which resulted in the creation of the United Nations
charter. As one of the founding members of the UN, India has been actively involved in the
implementation of the goals of the UN charter which includes promotion of world peace,
encouraging respect for human rights and fundamental freedom of all.
India has served as non-permanent member of the Security Council seven times. In 2010, India
was selected as member with a backing of 187 out of 192 countries which itself speaks of Indias
stature in the United Nations. India has been associated with UN peace keeping operations since
its inception itself and has been the largest troop contributor. India has contributed nearly
160,000 troops, participated in more than 43 missions.
Apart from the peace-keeping operations India also took active part in drafting of the Universal
Declaration on human rights. India is party to six core human rights conventions. India has
always been on the forefront in fight against colonialism, apartheid and racial discrimination.
India was the first country to raise the issue of apartheid and racial discrimination being
practiced in the South Africa. Recently, during the Arab uprising India stood very responsibly
and counseled restraint on the question of military intervention and emphasized the importance
of undertaking well-planned and adequately resourced UN missions, thus upholding its role as a
guardian of the UN charter.
With the view of enlarging the UNSC permanent members so as to make it more representative,
India being the second most populous and seventh largest country of the world has demanded to
become permanent member of the Security Council.

CHAPTER 9 : - INDIA AS PERMANENT MEMBER OF SECURITY


COUNCIL

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India, the land of Gandhi and Buddha who gave the principles of non-violence and peace stands
as a strong candidate for permanent seat in the UNSC. No other country reflects such diversity as
India does. The primary purpose of United Nations is maintenance of peace among nations
which comprises of diverse cultures and religion. India is a perfect example of such model. Also,
India is the second largest growing economy of the world after China.
But the chances of this demand getting accepted are very bleak. Considering the factor that since
its inception, the number of permanent members in the UNSC has never been increased. The
permanent five members who include China are opposed to the idea of expansion of the Security
Council. However, with the continuously changing world order and the rise of India as a superpower this demand should be continuously pressed upon.
India has basically followed two strategies for the expansion of the Security Council. The first
focuses on a narrow major-power claim, which emphasizes Indias capabilities and contributions
to the UNSC as the basis for permanent membership. This approach is based on the criterias of
population, territorial size, diversity, political system and various other factors.
The second approach basically focuses on the problem of representation in the UNSC and
makes the case for expanding both permanent and non-permanent categories of membership with
a view to ensuring that the worlds foremost organization for international peace and security
reflects the dramatically altered distribution of power since 1945.

CHAPTER 10 :-

LIMITATIONS OF SECURITY COUNCIL

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The first great limitation of the Security is the right of veto possessed by the permanent
members. It has been discussed earlier in details as how veto has impaired the efficiency of the
Security Council. Even apart from veto, the Security Council suffered from its inception by other
disabilities; some of which were open while others were concealed. These disabilities which
threatened its paralysis as an executive organ of International Community were as follows:
1. The first was the inherent right of individual and collective self- defense against armed
attack provided under Article 51 of the Charter.
2. Secondly, Article 52 to 54 gives the Members liberty of action to enter into regional
arrangements.
3. Thirdly, Article 53(1) and 107 give the Members liberty of action against former enemy
states.
4. Last but not the least, the exclusion from U.N. jurisdiction of matters essentially within
the domestic jurisdiction of States as expressly provided under Article 2(7) of the Charter
and the implications under various Articles of Chapter VI and VII.

CHAPTER 11 : -

CONCLUSION

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Although the Security Council was established in accordance with law, namely the UNs
charter, but the Council itself is a political body that is driven by political wills and
agendas of its members. Accordingly, law isnt the only source for the Councils behavior
and performance; it is rather one of many. Since the main objective of the SC is to
maintain international peace and security, it therefore should follow the requirements of
each case and act accordingly without limiting itself to the necessities neither of the
international law nor to its previous decisions and resolutions while discussing similar
situations. The UNSC has widened the scope of what constitutes a threat to or a breach of
the peace and security and therefore it followed an inclusion policy of many concepts
including human rights issues which adds to its discretionary powers not only to decide
on what constitutes a threat to the peace, a breach of the peace, or an act of aggression,
but also on what constitutes human rights violation worthy of the UNSC protection. That
is in addition to deciding on whether in a given case there is a human rights violation or
not. For the UNSC to function properly within the current context, it has to base its
decisions on political perspective and seek consensus or, at least, set a minimum
understanding between its members to avoid using the veto power which, in case it is
used, will obstruct many solutions and resolutions tackling human rights issues. Thus
India also play an important role in the present scenario though it is not the permanent
member but in future it can be the permanent member. The Security Council as well as
General assembly both are important in U.N. and it different and effective then League of
Council.

BILIOGRAPHY

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BOOKS:
S.K. KAPOOR
WEBSITES:
www.un.org/en/sc/
www.lawctopus.com/academike/india and unsc

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