Professional Documents
Culture Documents
Political Science Project VTH Sem
Political Science Project VTH Sem
Political Science Project VTH Sem
Group no- 12
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TABLE OF CONTENTS
INTRODUCTION .............................................................................................................. 3
BIBLIOGRAPHY ............................................................................................................ 16
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INTRODUCTION
The Ministry of External affair (MEA) or Ministry of foreign affairs is the basic institution
dealing with the external matters like relations with neighbouring and other counties, making
of foreign policy, matters relating to land and sea borders, managing country’s external
relations etc. This ministry plays an important role collecting information and then deciding
its foreign policies. Indian Ministry of External Affairs is very active and working very
diligently in improving foreign relations and other tasks. The current Ministry was
established in the year 1783 by the East India Company to manage company’s relations with
south Asian, Southeast Asian and frontier Nations. Till the year 1833 the Ministry was
dealing with both external and internal matters of the company. By the Charter of 1833 the
Ministries for working of both these functions were segregated and four departments were
setup by the secretariat of Government of India. When the system of portfolio started in the
year 1859, the members of Executive Council of GG of India were to lead these departments.
In the year 1914 after the administrative reforms the Foreign Department was renamed as the
“Foreign and Political Department”. This newly formed department was divided into two
branches namely the Foreign Branch and the Political Branch. the Foreign branch was to look
into the matters relating to frontier State while the Political Branch dealt with the matters of
Princely States and other areas outside the British controlled India. in the year 1937 due to
increase in the administrative burden and in the British empire the Parental department was
dismantled and two different departments were established namely the “External Affairs
Department” and the “Political Department.” Till the year 1947 Indian foreign relations were
under two departments i.e. “Departments of Commonwealth Relations and Departments of
External Affairs.” the former was to deal with India’s relations with Commonwealth
Countries and latter to deal with India’s overall External Affairs. This dual system created
unnecessary delay in administration and confusion and quarrels between the administrators
hence both the departments were combined to form “Department of External Affairs and
Commonwealth Relations”. Again in the year 1948 the department of “External Publicity
Division” was handed over to Ministry of Information and Broadcasting and the Ministry was
renamed as Ministry of External Affairs. This Ministry is led by some senior and experienced
cabinet ministers along with ministers of State. Currently there is one Cabinet Minister who
is assisted by two ministers of State.
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FUNCTIONS OF MINISTRY OF EXTERNAL AFFAIRS
With the increase of Indian economy and its aspiration to become global power the role of
Ministry of External Affairs has increased significantly. Like any other foreign office, the
basic function of Ministry is to plan and manage India‘s external relations with different
nations and protect and promote India‘s national interest. This ministry is also responsible for
planning and organising foreign missions, appointing Ambassadors, High Commissioners,
Consulates and extend consular services to Indian and foreign citizens. Also matters relating
to issuing and cancellation of passports, visas and protection of Indians in India and abroad
come under its jurisdiction. Below are listed some of the functions of the ministry in brief.
The first and the foremost task of the ministry of external affairs is formulation of foreign
policy. In this world of intense complexities of international relations it is very important
to formulate foreign policy carefully keeping in minds the needs and securities of the
nation. Until the year 1962 there was no such foreign policy making section in the
ministry of external affairs, but after the war of 1962 between India and China the East
Asia Research and Coordination Division was formulated in 1963 to conduct planning and
research on China, this was later formed as Current Research Division in the year 1965.
Since that time India’s formulation of Foreign policy is under Policy Planning and
Research Division.
It is the duty of Ministry of External Affairs to manage India’s relations with other foreign
Nations and International Organisations like the United Nation, regional and non regional
organisations like SAARC, NAM etc. Ministry selects and sends representatives to these
nations and organisations to conduct India’s Policy with these institutions and report
developments back to the nation. Besides it also take steps to maintain harmonious relations
with the neighbouring countries.
With the increase in the trend of international crimes and criminals often migrating to other
countries to escape penal and legal actions, it is the duty of Ministry of External Affairs to
export and Import these criminals. This is called as detention and Extradition. This is done by
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the Ministry by signing extraction treaties with nations in which the criminals of the country
are handed to the country where they have committed crime by the country in which they
have taken shelter after committing crime.
4. Matters related to Land and Sea Borders
It is the duty of the Ministry to check the land and sea borders of the nation. There occur
major issues like crimes committed on high seas and issues of piracy and further the issues of
citizenship due to the land border conflicts which can be solved only through proper
demarcations of land and sea borders. Recently India signed land border agreement with
Bangladesh in which certain enclaves were given and certain enclaves were taken from
Bangladesh solving the prolonged land border issue.
HISTORY OF DIPLOMACY
Perhaps it is fanciful opinion that in late medieval times in Europe the first diplomats were
angels, or messengers from heaven to earth, but some aspects of diplomacy predate history.
Early societies had some characteristics of nations, and inter tribal relations resulted in the
first international law. Tribes negotiated trade, hunting and marriages laws. Information
regarding diplomacy is based on very less evidences. Most of the knowledge regarding
diplomacy is from Middle East, China and India. Evidences of treaties between
Mesopotamian city states have been found. Ancient India holds to some sophisticated but
different diplomatic tradition. There are certain historical examples in ancient history which
talks about various ambassadors that visited India, like Megasthenes he was Ambassador of
Seleucus Nicator, who visited in the court of Chandragupta Maurya, Deimachos, he was a
Greek ambassador who came to India during the reign of Bindusara. Kautilya one of the
greatest statesmen of India also wrote in his book Arthashastra about the foreign relations that
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are to be known by self interest rather than by ethics and ethical considerations. Kautilya
describes duty of an envoy to be sending information to his king, upholding his king’s
honour, maintenance of terms of treaty, acquiring allies, acquiring clandestinely gems and
other valuables, ascertaining secret information etc. In Arthasastra kautilya classifies the
diplomat into three category based on the functions they perform (1) Nisrishtarthah (2)
Parimitarthah (3) Sasanaharah. 1 The first class was left in charge of the most responsible
duties such as issuing ultimatum before war, declaring war and concluding treaties. 2 The
classical example of an ambassador of this kind was Sri Krishna who was sent by the
Pandavas to Kauravas for negotiations with the latter just before the outbreak of the ‘Great
War’.3 The next kind of diplomat was Parimitarthah (Dutta) Kautilya had assigned special
power and functions to these kind, where in they had been dispatched to country, there they
states with detailed information about defences of the country to which they are sent. 4
Sasanaharah minister coming under this category acted merely in the capacity of ‘carriers of
messages’ from one court to another.5 Artha-shastra, India’s unique mode of diplomacy was
replaced by Muslim and English conquerors. After independence India has been working
immensely to improve and from good Diplomatic relations with neighbouring as well as
other non neighbouring countries of the world and for that purpose India signs various
bilateral and multilateral treaties with countries and organisations. Also India has been
sending and receiving diplomatic agents to and from those countries and organisations.
Due to the high level of interaction between countries in today's interconnected world, there
is a need for diplomatic offices in each country, such as embassies and consulates, to help in
1
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
2
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
3
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
4
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
5
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
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and allow such interactions. In matters between the two countries, ambassadors are the
government representatives of their country abroad. These offices also provide services and
internships for potential emigrants. There are various types of diplomatic missions ranging
from Embassies, Highcomissions, Consulate General, Consulate, Permanent Mission etc.
these officers are differentiated on the basis of location and the amount and kinds of services
provided by them.
In a diplomatic mission members from one country or organisation present in other state to
represent the country who send them. Diplomatic mission is basically a resident mission in
which the residence is called the embassy. It is the main office of the country’s official. It is
generally located at the capital of the country. Although it is situated in the other country’s
land still it would be called as the land of sending country, and the laws of the host country
are not applicable in the embassy. The diplomatic missions between commonwealth countries
are called as high commissions and the heads of these missions are called as high
commissioners. While the head of the embassy is called as ambassador. Generally there is no
major difference between high commissioners and ambassadors; they both are regarded as
equal in status and function. Both of them are considered to be diplomatic missions.
Embassy is responsible to represent the home country in the host country. It basically
preserves the rights of its citizens living in the host country. generally if a country recognises
the sovereignty of other country and vice-versa then embassies are established to maintain
good relations and helping in travelling by citizens of both the countries, like providing visas
etc.
2. Consular Missions
3. Charge’d Affairs
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Charges d’ affaires differ basically on one point from other in the way that they are accredited
from Foreign Minister of one country to Foreign Minister of other country, whereas the
others are from Head of State of one country to Head of State of other country. Therefore
Charges d’ affaires do not enjoy so many honours like the other diplomatic envoys.
A Diplomat is the spokesperson of the government in the other country. His main function is
to execute the policies of his country, and to protect the interest of its nationals in the other
country. He has the duty to keep his country informed of the various developments taking
place in the world. According to Manu “an envoy alone makes allies and separates allies. He
performs that functions where by rules are bought into alliance or separated.6” according to
article three of Vienna conventions there are four major functions that has to be performed by
the diplomatic agents of a country namely (i) representation, (ii) Negotiation, (iii) Reporting
and (iv) protection the interests of his nationals in the other country. Article 3(a) to (e) of
1971 convention gives the functions of the diplomatic agent in the accredited country,
naming a few to be promoting friendly relations between the states, protection the interest of
the sending state in the relieving state, reporting the developments in the receiving state etc.
Representation
The first and foremost function of a diplomatic agent is representing the state which is
sending him and the interests of that state. “The diplomat has thus represents his state in legal
proceedings in the receiving state, either as plaintiff or defendant.”7 Hence the Diplomat acts
as a mediator of communication between the two foreign nations i.e. his own nation and the
nation to which he is accredited. His own country is judged according to the impression he
created in the mind of citizens of other nation. The diplomat must cultivate a wide variety of
6
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
7
Castiglione V/s Federal People’s Republic of Yugoslavia, ILR, 19 (1952) No 43,
http://www.ILR.org/newweb/newsletter/No73/what_is_diplomati_immunity.htm (accessed on 20th march
2009)
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social contract, with his fellow diplomats, with influence persons in all walks of life, and with
articulate groups in the country.8
Negotiation
Article 3 of Vienna Convention of 1961 talks about negotiation between the sending and
receiving country being an important function to be performed by the diplomat. It is one of
the important functions to be performed by the diplomats. Negotiating art is so closely
associated with a diplomat's profile that viewing a state's diplomatic representative as a
negotiator par excellence has become commonplace. These terms of negotiation and
bargaining are well known to laymen and scholars alike, but neither understands the actual
work symbolized. Negotiations basically involves giving what is asked and taking in return
what is wanted. Currently a new trend has developed in which these diplomats provide all
the necessary assistance while the actual negotiations are done by the head of the state or the
ministry of foreign affairs.
In today's international community, diplomats only play a supportive role with the increasing
cooperation of countries, the need for mutual consultation between governments has proved t
o be far more crucial than it was in the past, and the diplomatic agent plays a significant part i
n the negotiation process.A latest trend that has been observed since the Second World War is
that governments often seek assistance from other countries for their views with regard to the
ir demands or global disputes in which they may be engaged, due to the fact that global confli
cts in which they may be engaged have become a strong factor in today's international comm
unity. This factor cannot be ignored even by the most powerful nations of the world.
Reporting
Article 3(d) of the Vienna Convention of 1961, ascertaining by all lawful means conditions
and developments in the receiving State, and reporting thereon to the government of the
sending State; reporting from diplomats in the field is the raw material of foreign policy. 9 The
diplomats have to prepare reports and hence it’s a basic feature of the work done by
diplomats. In Europe the ambassadors were regarded as spies and because of this reason king
Henry VII of England was not allowed to have a diplomats of other kings although he himself
8
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
9
Diplomatic Functions and Duties,
https://shodhganga.inflibnet.ac.in/bitstream/10603/38483/6/chapter%203.pdf ( last accessed on 8th September
2019)
9|Page
sent diplomats to other nations. Nevertheless, in contemporary times, an envoy has the right
to report to his home government on the circumstances in the state to which he is accredited,
deemed not only legitimate, but also in the mutual interest of countries. With increasing
contacts between countries in virtually every sphere of life resulting from enhanced
communications equipment, one state's welfare has become very closely associated with the
welfare of the other state.
Protecting in the receiving State the interests of the sending State and of its nationals, within
the limits permitted by international law10 it is the foremost duty of the ambassador to protect
the interest of the natives of his country living in the other country. The responsibility of this
duty increases during the war time rather than during the peace time as there will be lot of
tension between the countries during the war time. The diplomat has a obligation to look after
the his own state's citizens ' interests, individuals, and assets. He must be prepared to help
them when they get into trouble overseas, may have to take charge of their bodies and
impacts if they die on a journey, and generally act as a "trouble-shooter" in the receiving state
for his fellow citizens. The diplomats not only have the duty towards the sending state but
also have the duty towards the receiving state in many respects.11 Not only were diplomats
forbidden to use the premises in a way that prejudiced the receiving state. But also respect the
receiving State's legislation and regulations. They also have an obligation not to interfere
with that state's internal affairs. And also will always conduct formal business with the
receiving State only through the Foreign Ministry of the receiving state. Further it is the duty
of the receiving state to provide all kind of assistance to the diplomat in carrying his duties
diligently and do not act as barrier or hindrance in his work. And for this reason a diplomat
must be provided with certain immunities and privileges. But a diplomat should never abuse
the privileges accredited to him.
Diplomatic immunities and privileges have evolved out of the need to safeguard a sending
country's envoys to live in the land of another receiving nation. In ancient times, when
relations became hostile, kingdoms swapped envoys who were sometimes assassinated.
10
Article 3(b) Convention 1961.
11
Article 41 (1) to (3) Convention 1961
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Modern diplomatic immunities and privileges have developed from customary law and
procedures around the 1500 CE. Diplomatic immunities and privileges were not widely
recognized, although bilateral procedures among European states built up a set of usual
guidelines that began to be adopted by many European states. The essence of such
immunities and privileges arises from the need to safeguard a diplomat from bullying, arrest,
imprisonment and other impediments operating in another nation, when the other nation
sometimes becomes hostile. The codification of privileges and immunities to diplomats took
place in 1961 in the Vienna convention. Almost all countries have been part of this
convention and have signed to it. The convention talks about the idea of diplomats to follow
local rules and regulations and not to violate them. The implications of such violation are that
they can be made responsible for the same. The immunity to these envoys is that of criminal
immunity i.e. they will be exempted from the criminal jurisdiction of the receiving state.
Further the diplomat cannot be arrested from his house the immunity is inviolable. There is a
possibility of the sending county to waive the diplomatic immunity but this happens only
when the diplomat has committed serious crime which is not in relation to the mission or
diplomatic function for which he is sent. Also the diplomatic immunity is not same for all the
diplomats it varies from post to embassies. Vienna convention itself differentiates the kinds
of immunities to be given to various diplomats.
SINO-INDIAN RELATION
Origin of Indo –China relations.
The relationship between India and China began in 1950 when India accepted and recognised
PRC as the government of China. India and China are the fastest developing and growing
countries of the world and hence are friends and foe at the same time. The Silk Road which
serves as one of the major trade route between the countries and is also credited to spread
Buddhism from India to East Asia.12
Mr. Vikram Misri, who is the current Indian Ambassador to China has served as Indian
envoy in Myanmar and is also considered as an expert on China. His counterpart Chinese
Ambassador to India is H.E. Sun Weidong.
Diplomatic Instances.
12
Maria Backus, Ancient China. Lorenz Educational Press, 2002.
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India and China, signed an 8 yr agreement on Tibbet in April 1954 that became the 5
principles of Peaceful Coexistence.13 Later, the dispute arose for the first time in 1954 when
China refused to recognise the Mc Mohan Line as legal and refuted the Simla Agreement of
1914.14 In furtherance, in 1960, China defeated India when it encroached over 48 kms in the
territory of Assam and occupies a part of Aksai Chin. In 1971 India signed the Treaty of
Peace, Friendship, and Co-operation with the Soviet Union the effect of which was that PRC
sided with Pakistan in 1971 war with India. The diplomatic relations improved y way of
recognising the Mansarover Lake yatra for annual pilgrimage. From 1981-87, India and
China held 8 rounds of border negotiations. The peace relation was established after the visit
of various leaders like Rajiv Gandhi, Shushma Swaraj etc. the nuclear test of 1998 was the
major blow to the relations where China reprimanded the test and the relations went into
turmoil. On 21 July 2017, the Minister of External Affairs Sushma Swaraj said that for
dialogue, both India and China must withdraw their troops, therefore even having amicable
ties on paper both the countries lack the cooperation, but After various discussion during
ASEAN, SAARC and BRICS summits both the countries on 28th August, 2017 mutually
decided to end all the border disputes including Dhoklam Standoff.
Ambassador Vikram Misri at the 15th Pravasi Bharatiya Divas ceremony (9 January 2019)
launched the Embassy of India’s official We-Chat account.
Ambassador Vikram Misri at the National Day Reception held on 28 Jan 2019 in Beijing
remarked in his speech in China that India is fastest growing economy and is the most
attractive destination for Foreign Direct Investment in 2018, drawing in nearly 38 billion US
dollars. Further he appreciated and posed the amicable relation in the conference by
reiterating the High Level Meeting in December 2018, the ten focus areas for furthering
these contacts were identified, namely tourism, sports, yoga, traditional medicine, film and
television, museums, education, culture, youth and provincial-level exchanges. This will
provide countries with a busy roadmap for upcoming years.
The Indian representative later on the International Yoga Day again answered the diplomatic
ties and their development by recognising that the Embassy of India to China has conducted
13
The full text of this agreement (which entered into force on 3 June 1954) is in United Nations Treaty Series,
vol. 299, United Nations, pp. 57-81.Available at http://treaties.un.org/doc/publication/unts/volume%20299/v29.
14
"Convention Between Great Britain, China, and Tibet, Simla (1914)", Tibet Justice Center.
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three celebratory activities, in Guiyang, at Shaolin Temple and also at the iconic Yellow
Crane Tower in Wuhan and in Qingdao as well. These are in addition to events that have
been conducted by our Consulates in Guangzhou and Shanghai. The ambassador shows the
amicable representation of India and its religious economic and political ties.
Ajay Bisariais currently the High Commissioner of India to Pakistan. He also served as a
Under Secretary in the MEA on the East Europe desk (1991-92) when India was building
new relationships with the post-Soviet countries. From 1995-1999 he was the First Secretary
to Berlin. His counterpart Moin-ul-Haq is the current Pakistani high commissioner to India.
India always desired peaceful, friendly and cooperative relations with Pakistan, in
environment free from terrorism and violence. Terrorism emanating from Pakistan and its
territory has, however, severely limited and disrupted initiatives to build a amicable
relationship. Indian Policy on Pakistan is as follows:
The most conflicted and disputed subject among both the nuclear countries is the issue of
Kashmir. Also after the failure of the Operation Gibraltar planned by Pakistan which was
designed to infiltrate the territory of J&K the war of 1965 began. It ended in UN mandate
ceasefire and then signed Tashkent Declaration. The other war conflict happened in 1971, the
liberation war where India brutally defeated Pakistan. After the Lahore Declaration in 1999
15
India-Pakistan Relations, https://www.india.org.pk/pages.php?id=16, (lastvisited 4th September,2019).
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the relation of both the countries were improved and the bus service was launched by the then
Prime Minister AtalBihari Vajpayee.16
The other diplomatic step that was taken by the MoEA was the Samjhauta Express and
Delhi–Lahore Bus service are two of these successful measures which have played a crucial
role in expanding people-to-people contact between the two countries.17
The other diplomatic step recently taken that the Centre started to building a diversion to stop
water from flowing Into Pakistan without breaking the Indus Water treaty.
On 8th September, 2019 the NSA Ajit Doval also remarked that 230 militants are planning to
infiltrate the territory of India and has also said that out 199 police stations only 10 have
prohibitory orders. On Art. 370 the NSA also remarked that it was the discrimination and the
abrogation of the same will give fruitful results in better future and economic and
employment opportunities.
INTERNATIONAL CONFLICT
The arrest of ex naval officer and announcing punishment to him without a fair trail was
overruled by the International Court of Justice. It was also remarked by the Court that the
16
HasanAkhtar (13 February 1999). "Nawaz-Vajpayee agenda includes Kashmir, N-issue". Dawn Wire Services,
13 1999.
17
"Pakistan, India inch closer to agreement: People-to-people contact -DAWN; 04 August, 2004".
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Consular visits had to be provided and allowed by the Country. Had it been the same case
Sarabjeet’s death would have been avoided.
Also after Pulwama attack the PM of Pakistan who failed to comprehend the Geneva
Convention 18 was later admired for releasing IAF Pilot Abhinandan. Both counties are
following the composite dialogues over different issues. The Ufa agreement also made by the
NSA of both countries is a step towards peace keeping environment.
Therefore, it can be explicitly remarked and concluded that there are diplomatic ties that are
under turmoil due to the act of the nation state. It is agreed that there can be befitting factors
but that cannot be compromised with the national security
18
Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S.
135.
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BIBLIOGRAPHY
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