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Diplomats are the persons who negotiate, maintain political, social, and economic relationships with other countries and are appointed by their own country to reside in another country. Diplomats act as a link between the country that despatch them and by whom they are accredited. Therefore, they perform the act of diplomacy, which in International Law means by which the States maintain or establish mutual relations and carry out their legal or political transactions based on their foreign policies. Act of diplomacy may be performed by the head of State, Government, Minister of Foreign Relations, or diplomatic agents. The article explains in detail the power of diplomatics, diplomatic agents in India, and the functions of diplomatic agents.
The Power of Diplomatics
Following are the powers of Diplomatics;
Inviolability
It is crucial to give diplomatic agents personal security. International Law recognizes this under the Vienna convention 1961. In article 29, it is stated that “Diplomatic agents will enjoy physical inviolability. He will not be liable for any form of arrest or detention. Honourable treatment will be given to him by taking or keeping the State, and every effort shall be made to maintain his freedom and reputation intact.”
Freedom of Communication for Official Purposes
This freedom has been conferred by Article-27 of the Vienna Convention on diplomatic relations, 1961. This Article provides that they have the freedom to communicate with their home state in connection with their functions and duties.
Right to Travel Freely in the Territory of the Receiving State
This new right has, for the time, been introduced in Article-26 of the Vienna Convention on Diplomatic relations,1961. Article 26 provides that diplomatic agents can travel in the territory of the receiving state subject, of course, to the condition that they cannot go to the prohibited places or the places which are important from the point of view of the
security of the receiving State.
Immunity from Civil Administrative Jurisdiction
The diplomatic agents enjoy immunity from civil and administrative jurisdiction, which is stated in the principle of international law.
Under this immunity:-
No suit can be filed against a diplomatic agent for recovery of debt
He can not be arrested in action for debt recovery
His property can not be ceased and sold
Immunity from Criminal Jurisdiction
Article 31 of the Vienna convention 1961 explains “diplomatic agents shall be immune from the criminal jurisdiction of the state”. This means that the State cannot prosecute and penalize any diplomatic agent under any circumstances. Immunity Regarding Residence
Immunity from giving Evidence in the Court
A diplomatic agent is not liable to present himself in court. He is not bound to give evidence in a court of law.
Right to Exercise Control and Jurisdiction over their Officers and Families
Above were some of the powers of diplomatics that they enjoy.
Diplomatic Agents in India
Union Public Service Commission (UPSC) conducts Civil Service Exams. Individuals who wish to choose this path in their career or desire to become an Ambassador of India can take this exam.
How to become a Diplomatic Agent in India?
To represent India Internationally as an Ambassador and become an IFS (Indian Foreign Service) officer, the candidate must pass the Civil Services Exam. This is an extremely competitive exam as only 800 candidates out of five lakh candidates get through. And only 15 – 20 hard-working candidates clear the civil service exam every year and are selected in IFS. The Indian Foreign Service is a Central Service and the chief diplomatic service of the country. All country’s external affairs, comprising diplomacy, trade, and cultural relationship, are handled by the Indian Foreign Service.
Eligibility for Indian Foreign Service (IFS)
The eligibility criteria for the IFS exam are the same as for other civil services like IAS Exam and others. After clearing the Civil Services exam according to the rank, a candidate gets allotted to the Indian Foreign Service and has to undergo specific training for Indian Foreign Services (IFS).
Know the UPSC Prelims Syllabus for IFS, which is the same as the other civil services exam. Once a candidate clears the UPSC Civil Service Exam based on their rankings for which the written exam (UPSC Mains Exam) and Interview marks are taken into account, the candidate is allocated to a specific service like the Indian Foreign Service (IFS).
Functions of Diplomatic Agents
As a Foreign Service Officer, it is his/her duty to protect the interest of India both at home and abroad. The Ambassador, High Commissioner, Consul General, Permanent Representative of India to the United nation, and Foreign Secretary are some of the offices held by the service members.
The International Law states the Functions of diplomatic agents in article 3(1) of the Vienna Convention of Diplomatic relations, 1961. Following are the functions of diplomatic agents,
Representation
Protection
Negotiation
Observation
Promotion of Friendly Relationships
Consular Functions
Conclusion
Diplomats are provided immunity to effectively perform their Functions because of the typical nature of functions and diplomats being the representative of the head of state. All the rights and immunities provided to the diplomats are not absolute; they can be compromised within certain exceptions. At present, the institution of diplomatic representatives has become the central machinery by which intercourse between States is conducted. In addition to this, to become a diplomatic agent in India, represent India internationally as an Ambassador, and become an IFS (Indian Foreign Service) officer, the candidate must pass the Civil Services Exam.
