Art. 109(3)

Article 109(3) of United Nation’s Charter

Article 109(3) of the United nation’s charter is a very significant and interesting piece of history which is not known to many in the world and is also not taught in any school/college curriculum. There is a history behind this Clause (3) under Art.109.

Indian delegation to the United Nations had three prominent personalities. Sir Arcot Ramaswamy Mudaliar was leading the team. In the Conference there was a statement made by Mr. Molotov, the Russian representative made a statement which is worth mentioning and important. “We have at this Conference an Indian Delegation. But India is not an independent state. We all know that the time will come when the voice of an independent India will be heard, too. Nevertheless, we share the view held by the British Government which suggested that representatives of India should be granted a seat at this Conference, imperfect though her status is.” India visualised UN as “the convocation of the parliament of man, the establishment of the Federation of the World" as mentioned by Sir A. R Mudaliar in his conclusive speech at San Francisco Conference in 1945.

Indian team was not ready for a veto backed system as evident from the speech of Sr. Mudaliar as recorded in the annals of UN Records. After much persuasion India relented when the historic clause 3 was enshrined in the UN charter. Art. 109 deals with the amendments to the UN charter. Accordingly, the UN charter could have been reviewed or amended when two thirds of members of UNGA and seven members of UNSC consented. A remedy for any lapse was mentioned in the clause (3). The exact wording of Clause (3) to Art 109 the UN charter is reproduced below.

“3. If such a conference has not been held before the tenth annual session of the General Asassembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.”

Now not ten years, but 75 years have elapsed and still the process has not been taken up. Many smaller countries do not have any say in the world administration. India which is a largest democracy of the world does not have a permanent seat in the UNSC.

Hence the main aim of WCPA is to realise the dream of “the convocation of the parliament of man, the establishment of the Federation of the World".