Dissertations / Theses: 'Constitution of India'

1

Guruswamy, Menaka. "Designing enduring constitutionalism : constitution-making in India, Pakistan and Nepal." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669800.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Mandal, Sangeeta. "Judicial review under indian constitution: its reach and contents." Thesis, University of North Bengal, 2014. http://ir.nbu.ac.in/handle/123456789/2639.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Bhutia, Denkila. "Study of the status of personal laws in India with reference to article 13 and judicial review under constitution of India." Thesis, University of North Bengal, 2018. http://ir.nbu.ac.in/handle/123456789/2825.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Poddar, Mita. "Definition of the state and the enforcement of fundamental rights under the constitution of India." Thesis, University of North Bengal, 2008. http://ir.nbu.ac.in/handle/123456789/316.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Patra, Santosh Kumar. "Political leadership and the constitution making in India : a study of Nehru and Patel." Thesis, University of North Bengal, 1985. http://hdl.handle.net/123456789/261.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Patra, Santosh Kumar. "Political leadership and the constitution making in India : a study of Nehru and Patel." Thesis, University of North Bengal, 1985. http://hdl.handle.net/123456789/187.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Sharma, Sharita. "Tortious liability of government in India: evolution of judicial doctrine and emerging trend." Thesis, University of North Bengal, 2018. http://ir.nbu.ac.in/handle/123456789/2776.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Giri, Dusmanta Kumar. "Constitution of the European Union : implications for the developing countries; a case study of India." Thesis, University of Hull, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.318392.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Basu, Santanu. "Coalition politics and the issues of social justice: a study in the context of directive principles of state policy under the constitution of India." Thesis, University of North Bengal, 2015. http://hdl.handle.net/123456789/1797.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Lassaube, Gaïa. "Produire et protéger une ressource cachée : Analyse comparée France-Inde de la constitution des eaux souterraines en discipline et métier aux prises avec des enjeux contradictoires." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0037.

Full text

Abstract:

Ce travail de thèse s’efforce d’identifier les arrangements institutionnels visant à assurer la gestion des eaux souterraines dans deux contextes géographiques contrastés. L’Inde est le premier extracteur mondial d’eaux souterraines. L'accès à ces ressources a joué un rôle primordial dans le développement de ce pays, qui a conduit à un paradoxe indien : une extraction intensive des nappes dans des régions ne présentant pas des caractéristiques favorables. En France, la pression sur la ressource est moins critique, mais bien présente. Le choix d’une comparaison entre France et Inde permet de mettre en lumière le caractère fluctuant et négociable des réponses organisationnelles qui ont vu le jour pour gérer les tensions sur les eaux souterraines. La recherche adopte une approche processuelle des institutions. Nous considérons les organisations ayant en charge les eaux souterraines, mais aussi les connaissances qui y sont liés. L’approche socio-historique permet de souligner les relations entre politiques publiques et constitution de l’hydrogéologie en discipline scientifique tout au long du XXe siècle. L’attention à la localisation des lieux de production de savoir dévoile des perspectives développementalistes croisées. La stabilisation des eaux souterraines en corpus unifié, détaché du socle des sciences de la Terre, est tributaire de la localisation des lieux de production des savoirs. En France, des géologues de formation oeuvrent dans les territoires d’Afrique du Nord, innovent et accumulent une expérience rapatriée en métropole. En Inde, le développement des politiques liées aux eaux souterraines est tributaire des enjeux internationaux d’après l’Indépendance. Avec la doctrine Truman, les hydrogéologues indiens sont formés par des praticiens américains en Californie, premier terrain historique des conséquences de la surexploitation des eaux souterraines. Progressant, nous considérons l’évolution des savoirs disponibles et des projets portés par les politiques publiques. En faisant appel à différents fonds d’archive (textes de lois et de débats législatifs, monographies de la recomposition des services, etc.), nous abordons la période en mettant à distance le risque de jugement historique. L’étude montre des acteurs aux prises avec des objectifs contradictoires et des compromis technocratiques. Au-delà des éléments cognitifs qui confirmeraient la représentation que nous avons des régimes extractifs passés, ces archives dévoilent des inquiétudes proches de celles qui peuvent être exprimées à notre époque. Une étude des différents régimes d’attention des eaux souterraines ne pourrait être complète sans se consacrer à l’étude des acteurs évoluant dans le champ de l’expertise hydrogéologique. La recherche étudie le groupe professionnel des experts des eaux souterraines dans un cadre temporel. Elle considère les jeux d’identification (harmonisation des techniques et des formations) mais aussi de différentiation interne et externe avec d’autres métiers. Cette thèse s’est inspirée du parcours précédents des chercheuses et chercheurs ayant initié ces dernières années des travaux d'analyse sociologique des activités professionnelles à l’épreuve de l’environnement. En croisant des méthodes qualitatives et quantitatives, on étudie la mise à l’épreuve du travail des hydrogéologues par l’apparition de mots d’ordre et d’injonctions visant à la protection des eaux souterraines. L’analyse montre que la pluralité des modes d’insertion de la question environnementale ne dessine pas une profession uniforme. Loin de se composer une voie propre, à la fois vertueuse et détachée des sciences du sous-sol, l’hydrogéologie n’est pas sujette à des transformations radicales mais à un renforcement de positions fragiles
This thesis attempts to identify institutional arrangements dedicated to groundwater management in two contrasting geographical contexts. India is the world's largest extractor of groundwater. Access to these resources has played a key role in the development of this country, which has led to the Indian paradox: intensive groundwater extraction in regions with unfavourable characteristics. In France, the pressure on the resource is less critical. The choice of a comparison between France and India highlights the fluctuating and negotiable nature of the organizational responses that have emerged to manage the tensions on groundwater. The research adopts a process-oriented methodology to institutions. We consider the organizations in charge of groundwater, but also the knowledge related to it. The socio-historical approach highlights the relationship between public policies and the constitution of hydrogeology as a scientific discipline throughout the 20th century and its developmentalist paradigm. The stabilization of hydrogeology as a unified corpus, detached from Earth sciences, relies on the loci of knowledge production. During the last years of the French Colonial Empire, geologists sent to North African territories accumulated experience which was later rapatriated to France. In India, the development of groundwater-related policies post Independence followed the Truman Doctrine model. Indian hydrogeologists were trained by American practitioners in California, which was the first fieldwork of geologists concerned with groundwater overexploitation. Moving forward, we consider deeper the relation between knowledge and groundwater organisations. Using various archive collections (texts of laws and legislative debates, monographs on the recomposition of services, etc.), we approach the period by putting whiggism at bay. The study shows actors struggling with contradictory objectives and technocratic compromises. Beyond the cognitive elements that would confirm the representation we have of past extractive regimes, these archives reveal concerns close to those that can be expressed in our time. A study of the different groundwater regimes could not be complete without studying the actors evolving in the field of hydrogeological expertise. Our work studies the professional group of groundwater experts within a temporal framework. It considers the interplay between identification (harmonization of techniques and training) and differentiation (both internal and external) with other professions. This thesis was inspired by pioneering work on the sociology of occupational groups challenged by environmental stakes. By combining qualitative and quantitative methods, the analysis shows that the proliferation of environmental watchwords within the profession did not help reinforce its still fragile position

APA, Harvard, Vancouver, ISO, and other styles

11

Permerius, Filip. "Article 370 of the Indian Constitution: Conceptualizing Autonomy Retraction." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-97738.

Full text

Abstract:

Autonomy is a concept often used within International law and conflict studies as a tool to resolve tensions between state and a distinct group wanting to break free from the state. However, autonomy has no real definition within international law. Similarly, autonomy retraction lacks a clear definition and conceptualization, mostly due to it being a rare occurrence. There are five known cases of autonomy retraction. The most recent is India’s revoking of article 370 of the Indian constitution previously granting the region of Jammu and Kashmir a special status of autonomy. This thesis used this case to try and conceptualize autonomy retraction by looking at the historical context of autonomy retraction comparing how the region of Assam, Kosovo, Sudan and Tibet lost their autonomy. Historical context tells us that retraction usually comes from legislative changes and increased nationalistic policy making by central governments. Additionally, the case of Jammu and Kashmir has been examined using an altered version of an existing framework developed by the author Maria Ackrén where she looked at how regional/territorial autonomy is established. The altered version used in the thesis looks at if her framework can be used to see how and why autonomy was retracted in Jammu and Kashmir. Evidently, ideology and growing asymmetric power structures and authoritarian tendencies imposed by the Bharatiya Janata Party in India seem to be at the core to the revocation of article 370. The ultimate goal in this thesis was to conceptualize autonomy retraction and while certain components such as ideology and ethnicity plays a large part as evident in the case of India revoking article 370, further research would be beneficial to identify additional components needed to generalize the concept of autonomy retraction.

APA, Harvard, Vancouver, ISO, and other styles

12

Mozika, Nitesh. "Fractured election mandate and formation of ministries under the Indian constitution." Thesis, University of North Bengal, 2014. http://ir.nbu.ac.in/handle/123456789/1489.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Mishra, Pawan Kumar. "Constitutional contours of right to education and education system in India." Thesis, University of North Bengal, 2008. http://hdl.handle.net/123456789/1301.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Krishnaswamy, Sudhir. "The basic structure doctrine in Indian constitutional adjudication." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.508399.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Chakraborty, Sulata. "Socio-economic foundations of the Indian constitution : a study with special reference to the directive principles of state policy." Thesis, University of North Bengal, 2011. http://hdl.handle.net/123456789/1447.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Clark, Bruce Allan. "The right of Indian self-government in Canada." Thesis, University of Aberdeen, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.332345.

Full text

Abstract:

While it might be desirable to amend the constitution of Canada to acknowledge the distinctiveness of Indian society as an aid to construction of instruments, it is unnecessary to amend the constitution in order to add a substantive right of Indian self-government. That right is already entrenched as an existing aboriginal right within the meaning of section 35 of the Constitution Act, 1982. The right was constituted by prerogative legislation in the eighteenth century, and has since been reiterated in the statutes of the imperial government which also established the corresponding constitutional powers of the federal and provincial governments. As originally constituted and since perpetuated the right has meant that federal and provincial governments may not legally encroach upon the Indians' jurisdiction to govern their own civil affairs. But neither are the federal and provincial governments under any express or necessarily implied constitutional obligation financially to support Indian governments. Furthermore the Indian right is plenary, in that it applies to civil affairs generally, rather than to a delegated set of enumerated powers. Although the basis for the right was not the common law, the only basis consistent with current federal policy is as if it were common law. That policy presumes that if ever the Indian right had existed it has been superseded historically by actions of federal and provincial governments inconsistent with it. However, the thesis here suggests that since the imperial legislation which actually constituted the right and subsequently reiterated it has never been repealed, such supersession is a legal impossibility. Because it is basic to federal policy the supersession idea nevertheless dominates the current approach to law reform and the negotiation process, which proceeds upon the assumption that the municipal form of self-government on offer, with its delegated enumerated powers to carry out local works, is at least something where nothing exists at the present time. The Indian need to secure financial support renders insisting upon the application of existing law seem politically counterproductive, although it need not be so.

APA, Harvard, Vancouver, ISO, and other styles

17

Rosen, Desa. "Socio-economic rights as constitutional human rights : Canada, India and South Africa." Thesis, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.429140.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

John, Mathew. "Rethinking the secular state : perspectives on constitutional law in post-colonial India." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/229/.

Full text

Abstract:

This thesis examines the role of the secular State in the making of modern constitutional government in India and argues that the practice of constitutional secularism is an unrealised pedagogical project whose goal is the transformation of Indian society and its politics. Toleration is the core value defended by the liberal secular State and the Indian State is no exception; however, its institution in the Indian Constitution compels religious groups to reformulate their traditions as doctrinal truths. Through decisions of Indian courts I demonstrate that this is an odd demand made on non-Semitic traditions like Hinduism because even up the contemporary moment it is difficult to cast these traditions in terms of doctrinal truths. Though reformulated religious identities are occluded descriptions of Indian religious traditions, I argue that they have gained considerable force in contemporary India because they were drawn into constitutional government as the problem of accommodating minority interests. Accommodating minority identities was part of an explicitly stated pedagogical project through which the British colonial government was to steward what they supposed to be irreconcilably fragmented 'interests' that comprised Indian society towards a unified polity. Though the Indian Constitution reworked the politics of interests toward the amelioration of social and economic 'backwardness', I argue that the rights granted to the Scheduled Castes, Other Backward Classes, and Minorities continue to mobilise these groups as reformulated religious identities with associated interests. Thus as recognisably occluded accounts of Indian society, I demonstrate that reformed religious identities and indeed the practice of secular constitutionalism functions like a discursive veil that screens off Indian social experience from the task of generating solutions to legal and institutional problems.

APA, Harvard, Vancouver, ISO, and other styles

19

Narain, Vrinda. "Anxiety and amnesia : Muslim women's equality in postcolonial India." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102240.

Full text

Abstract:

In this thesis, I focus on the relationship between gender and nation in post-colonial India, through the lens of Muslim women, who are located on the margins of both religious community and nation. The contradictory embrace of a composite national identity with an ascriptive religious identity, has had critical consequences for Muslim women, to whom the state has simultaneously granted and denied equal citizenship. The impact is felt primarily in the continuing disadvantage of women through the denial of gender equality within the family. The state's regulation of gender roles and family relationships in the 'private sphere', inevitably has determined women's status as citizens in the public sphere.
In this context, the notion of citizenship becomes a focus of any exploration of the legal status of Muslim women. I explore the idea of citizenship as a space of subaltern secularism that opens up the possibility for Indian women of all faiths, to reclaim a selfhood, free from essentialist definitions of gender interests and prescripted identities. I evaluate the realm of constitutional law as a counter-hegemonic discourse that can challenge existing power structures. Finally, I argue for the need to acknowledge the hybridity of culture and the modernity of tradition, to emphasise the integration of the colonial past with the postcolonial present. Such an understanding is critical to the feminist emancipatory project as it reveals the manner in which oppositional categories of public/private, true Muslim woman/feminist, Muslim/Other, Western/Indian, and modern/traditional, have been used to deny women equal rights.

APA, Harvard, Vancouver, ISO, and other styles

20

House, Jo Anne. "Exploring Deliberation and Participation: Tribal Membership Meetings under Indian Reorganization Act Constitutions." ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/1044.

Full text

Abstract:

Based on a review of one tribal government's strong membership powers exercised in General Tribal Council (GTC) meetings, tribal leaders do not analyze or review the activities in those meetings on an ongoing basis to determine where or if improvements are needed or are effective when implemented. The purpose of this study was to bridge the gap in empirical studies and to identify a process by which tribes can review GTC meetings to implement continuous improvements. Based on the tenets of Habermas' deliberative democracy framework, this qualitative study used the Discourse Quality Index (DQI) to determine the level of participation and deliberation occurring in membership meetings. Through a content analysis of transcripts from a year of GTC meetings of a single tribe, findings provided insight on speaker interruptions, reasons underlying opinions, respect given to others, and community-based decisions. The findings also identified that GTC meetings score high in all elements except regarding respect for others. By focusing on improvements in deliberative forums, Tribal leaders can create a more inviting atmosphere to individuals to speak, improve community networking, and increase levels of respect for others. Implications for social change are the development of meetings that improve over time, resulting in the generation of a greater range of solutions to public issues and creation of networking relationships as members hear other solutions and positions.

APA, Harvard, Vancouver, ISO, and other styles

21

Price, Gareth. "The Assam Movement and the construction of Assamese identity." Thesis, University of Bristol, 1998. http://hdl.handle.net/1983/c8b9f2a2-cd40-4d00-b86a-dcb41b2fe924.

Full text

APA, Harvard, Vancouver, ISO, and other styles

22

Barik, Navin. "“WE THE PEOPLE” AND SOCIAL WELFARE UNDER THE INDIAN CONSTITUTION: A STUDY OF CONSTITUTIONALISM." Thesis, University of North Bengal, 2013. http://hdl.handle.net/123456789/971.

Full text

APA, Harvard, Vancouver, ISO, and other styles

23

Kundu, Indrani. "Paradigm shifts in jurisprudential thoughts in Indian legal system: study of A.K. Gopalan to Maneka Gandhis case and beyond." Thesis, University of North Bengal, 2021. http://ir.nbu.ac.in/handle/123456789/4233.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Culleen, Chandos Philip Weisbroth. "The Hawaiian Constitution of 1840: Acquiescence to or Defiance of Euro-American Pacific Colonialism?" Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/293537.

Full text

Abstract:

The Hawaiian Constitution of 1840 has often been portrayed as the inescapable end-result of missionary led efforts to overthrow traditional Hawaiian ways of life. This thesis argues that the Constitution was in fact the result of deliberate steps taken by the Hawaiian leadership to defend against growing European and American colonialism in the Pacific. Further, this work will demonstrate that while the Hawaiians adopted the trappings of Euro-American government, the institutions they used to govern themselves remained primarily Hawaiian. Primary source material will be used to detail the process by which the Constitution was written and conduct an in-depth analysis of many of the structures embodied in the Constitution. Contemporary Hawaiian diplomatic efforts will also be discussed as a way of contextualizing the Constitution's place in the midst of colonial ventures and as proof that the Hawaiians were engaged in several efforts to protect their sovereignty.

APA, Harvard, Vancouver, ISO, and other styles

25

Chaudhury, Shirin Sharmin. "The scope of the right to life and the Indian constitution : an essay in law and theory." Thesis, University of Essex, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313098.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Björkelid, Joakim. "“In the spirit of the constitution” : A study of Amit Shah’s rhetoric on immigration and Indian identity." Thesis, Uppsala universitet, Institutionen för lingvistik och filologi, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412756.

Full text

Abstract:

The purpose of this paper is to analyse how India’s Minister of Home Affairs, Amit Shah, constructs the image of minorities and refugees in articles, speeches, and on social media platforms. The analysis is performed with the method of qualitative content analysis within a theoretical framework of propaganda put against the backdrop of Hindu nationalism. The main analysis is divided into four categories, based upon Jowett and O'Donnell’s model of analysing propaganda, going into the themes of: context surrounding the speech; communalism; values; and target audience. This paper argues that Amit Shah’s speech in the upper house of the parliament of India, is a part of a larger Hindu nationalist campaign concerning questions of Indian identity that dates back to, at least, the early 20th century.

APA, Harvard, Vancouver, ISO, and other styles

27

Turnbull, Christine Hazel. "The Viceroyalty of Lord Reading, 1921-1926 : with particular reference to the political and constitutional progress of India." Thesis, London Metropolitan University, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280517.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Sengupta, Arghya. "Independence and accountability of the Indian higher judiciary." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d16c344d-ba44-454f-9606-456b8524071e.

Full text

Abstract:

There is currently no satisfactory account of how judges of the Supreme Court of India and High Courts in the states are appointed, transferred, impeached or employed postretirement. For a higher judiciary commanding immense public attention, enjoying wide constitutional powers of judicial review, this is a conspicuous gulf in academic literature. This thesis intends to bridge this gulf by providing such an account. Part I extracts the Constituent Assembly Debates pertaining to these four facets of judicial functioning, describes key developments over time and analyses the extant processes in operation today. On this basis it makes three arguments: first, appointments to the higher judiciary and transfer of judges between High Courts follow processes that are indefensible as a matter of constitutional law; second, impeachment operates in an excessively slow and inefficacious manner; third, the pervasiveness of post-retirement employment of judges in government-appointed positions demonstrates inadequate attention to institutional design. Most crucially, each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability or both. This is not a peculiarly Indian problem— in several countries, the values of judicial independence and accountability have been deemed to be in tension, often irreconcilably. Part II tackles this widely articulated tension by providing a conceptual framework to understand these concepts. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary'. Whether indeed the processes governing the four selected facets of judicial functioning in India lead to an effective judiciary is assessed in Part III. Where they are found lacking, appropriate reform is suggested. Such reform is intended to ensure that the selected processes operate in a manner that is justifiable in terms of judicial independence and accountability in principle and is efficacious in practice.

APA, Harvard, Vancouver, ISO, and other styles

29

O'Toole, Darren. "Taking Métis Indigenous Rights Seriously: 'Indian' Title in s. 31 of the Manitoba Act, 1870." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23779.

Full text

Abstract:

In Sparrow, the Supreme Court of Canada stated that ss. 35(1) is “a solemn commitment that must be given meaningful content” the objective of which is to ensure that Aboriginal rights “are taken seriously.” Despite such a clear directive from the highest court, in Manitoba Métis Federation v. Canada [2007], MacInnes J. of the Queen’s Bench of Manitoba seemed incapable of taking seriously the Aboriginal title of the Métis under s. 31 of the Manitoba Act, 1870, and in no way thought of its explicit recognition as ‘a solemn commitment that must be given meaningful content’. For his part, if Scott C.J. of the Manitoba Court of Appeal was able to find a ‘cognizable Aboriginal interest’ in the expression ‘Indian title’, and thereby recognize to some extent Métis Aboriginal rights, he seemed incapable of conceiving such interests as title. This thesis is basically an attempt to ‘take seriously’ the common law Aboriginal title of the Métis. In order to do so, it first looks at the treatment of the concept of Indian title and the Royal Proclamation, 1763, in the lower courts throughout the infamous St. Catharine’s Milling and Lumber case. Subsequently, the existing common law doctrines of inherent Métis rights, those of the derivative rights doctrine, the empty box doctrine and the distinct Aboriginal people doctrine are all found to be inadequate to the task of providing cogency to the ‘constitutional imperative’ that was evoked in Powley. A fourth doctrine is therefore proposed, that of a Métis Autochthonous or Indigenous rights doctrine. In light of this, it is argued that the recognition of the ‘Indian’ title in s. 31 was not a mere ‘political expediency’ but is rooted in the underlying constitutional principle of the protection of minorities. Furthermore, insofar as the ‘Indian’ title of the Métis is taken seriously, it can be seen as having been extinguished through the federal power over ‘lands reserved for Indians’ under ss. 91(24). The legal implication is that they were, in the logic of the times, basically enfranchised ‘Indians’. Finally, by applying the grid established in Sioui for determining the existence of a ‘treaty’, it is argued that s. 31 is a ‘treaty’ or land claims settlement within the meaning of s. 35.

APA, Harvard, Vancouver, ISO, and other styles

30

Tortell, Lisa Ann. "The monetary remedy for breach of constitutional rights in the United States of America, India, New Zealand, and the United Kingdom." Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270152.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Surendranath, Anup. "Judicial discourse on India's affirmative action policies : the challenge and potential of sub-classification." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:69493f4c-a6e3-48df-bee1-08bc3c8f4a41.

Full text

Abstract:

This thesis is primarily concerned with the distribution of quotas in higher education and public employment within identified beneficiary groups. In a system of quotas based on preferential treatment of groups, the question about which members of the group must benefit over others is a crucial one. One of the main themes in the thesis is to critically analyse the judicial understanding about the nature of these groups. The homogeneity (in backwardness) that is attached to beneficiary groups in differing degrees is challenged in the thesis using the examples of Scheduled Castes and Muslims within the Other Backward Classes category. The differences within beneficiary groups have great significance for the fairness of India’s reservation policies. By ignoring internal differences, the most marginalised groups are left behind in terms of accessing the benefits of reservations. I have argued that any attempt to address the issue of sub-classification must begin by recognising multiple axis of marginalisation within the framework of intersectionality. This lack of sufficient engagement with the issue of sub-classification highlights the failure of the Supreme Court of India to develop a normative framework within which reservations might be viewed. This lack of normative clarity informs spheres of reservations like higher education and public employment along with according homogenous treatment to beneficiary groups internally. The Supreme Court has viewed reservations in higher education and public employment as essentially performing the same function. I have argued that reservations in these spheres perform different functions and the resulting obligations on the state in terms of constitutional justifications must also differ. While the demands for sub-classification present an opportunity to make distribution of reservations fairer, it also exposes the limitation of reservations as a tool of social transformation.

APA, Harvard, Vancouver, ISO, and other styles

32

McPherson, Dennis H. "Transfer of jurisdiction for education, a paradox in regard to the constitutional entrenchment of Indian rights to education and the existing treaty no. 3 rights to education." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq26348.pdf.

Full text

APA, Harvard, Vancouver, ISO, and other styles

33

Cuvelier, Claire. "Le pluralisme démotique contribution au concept juridique de peuple." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20008.

Full text

Abstract:

Par « pluralisme démotique » nous proposons de désigner la coexistence de plusieurs peuples dans un système à plusieurs niveaux. Le pluralisme démotique s’inscrit à rebours de la conception moniste du peuple français majoritaire dans la doctrine française. L’ambition de cette thèse est de démontrer la coexistence de plusieurs peuples en droit constitutionnel français. À cette fin, le premier mouvement de la thèse explore d’autres manières de concevoir le peuple à travers une étude de systèmes à plusieurs niveaux de type fédéral (Inde,Allemagne, Etats-Unis, Suisse) et de type régional (Espagne, Royaume-Uni). Dans un second mouvement est proposée une théorie du pluralisme démotique multiniveaux. Cette contribution permet de rendre compte de la coexistence d’un peuple composite et de peuples composants dans un système à plusieurs niveaux. Le troisième mouvement de la thèse applique la grille théorique ainsi établie à deux systèmes juridiques en particulier : la France et l’Union européenne
The expression of « demotic pluralism » is used to designate the coexistence of different people in a multilevel system. Contrary to the traditional monist definition of the French people, this thesis aims to demonstrate the coexistence of several demoi in French constitutional law. In order to do so, the demonstration is structured into three parts. First, we explore the pluralist definition of demos in multilevel systems: the federal (India, Germany,United States, Switzerland) and the regional type (Spain, United Kingdom). Then, we submita theory of multilevel demotic pluralism, which allows to describe and analyse the coexistence of a compound people and component people in a multilevel system. Finally, we apply this theoretical framework to the French legal system and to the European Union

APA, Harvard, Vancouver, ISO, and other styles

34

Senate, University of Arizona Faculty. "Faculty Senate Minutes March 2, 2015." University of Arizona Faculty Senate (Tucson, AZ), 2015. http://hdl.handle.net/10150/348598.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Garcia, Maria E. "Governing Gambling in the United States." Scholarship @ Claremont, 2010. http://scholarship.claremont.edu/cmc_theses/3.

Full text

Abstract:

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering. In an effort to more fully understand the gambling debate, whether it should be allowed or banned, I examined different types of sources. Historical sources demonstrate how ingrained in American culture risk taking, the core of gambling, has been since the formation of this nation. Sources dealing with the economic implications of gambling were also studied. Additionally, sources dealings with the political and legal aspects of gambling were essential for this thesis. Legislature has tried to reconcile distinct problems associated with gambling, including corruption. For this reason sports gambling scandals and Mafia connections to gambling have also been examined. The American government has created much needed legislature to address different concerns relating to gambling. It is apparent that statutes will continue to be passed to help regulate the gambling industry. A possible consideration is the legalization of sports wagering to better regulate that sector of the industry.

APA, Harvard, Vancouver, ISO, and other styles

36

Seema, K. "The politics of defections in India with special reference to the 52nd amendment to the constitution of India." Thesis, 2000. http://hdl.handle.net/2009/772.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Dasgupta, Sandipto. "Legalizing the Revolution." Thesis, 2014. https://doi.org/10.7916/D8Q52MN0.

Full text

Abstract:

This dissertation reconstructs a theoretical framework for the Indian Constitution. It does so immanently, by focusing on the making of the Indian Constitution, taking into account both the demands of its specific historical conditions, and the formal constraints of drafting a constitution. The dissertation shows that in its historical context the task of the Indian constitution makers should be understood as creating a constitutional system that can mediate a transformation of the social condition. Performing this task required reinterpreting the established tenets of constitutionalism. The reinterpretation produces a distinct variation of constitutionalism that is termed transformational constitutionalism. Part I of the dissertation focuses on some of the central tenets of constitutional theory by examining the writings in which they first assumed their paradigmatic form. The concepts are situated in the historical context in which they were formulated to highlight the specific challenges they were a response to, and hence distinguishing them from the conceptual terrain in which the Indian Constitution was formulated. Part I also shows the essentially preservative nature of the main tenets of constitutional thought, and that the fully developed versions of its central concepts seek to preclude any possibility for major changes in social conditions. Part II sets out the historical developments that led to the material and ideational terrain on which the Indian Constitution was conceived. It first outlines the institutional and discursive structures of colonial rule to tease out the development of concepts that would serve as the point of reference for the constitution-makers. Part II then turns to the resistance to colonial rule by focusing on the ideas and politics of M.K. Gandhi to delineate the strengths and weaknesses of Congress's claim to represent the Indian nation at the moment of independence, and outline the two different visions of what it meant to free oneself from colonial subjugation, and the different challenges for bringing those visions to fruition. Finally, Part II outlines the way in which the Indian constitutional vision was caught in an interdependent dynamic of break and continuity with its colonial past. After Part I and II have traced the conceptual coordinates of a modern constitution, and the specific historical condition in which the Indian constitution was conceived respectively, Part III focuses on the Indian Constituent Assembly Debates to show how the framers sought to respond to the concrete challenges facing them by creatively reinterpreting the precepts of modern constitutionalism itself. The dissertation shows that the Indian Constitution has to be understood as a totality containing three related strata - that of constitutional imagination, promises, and text - which exist in tension with each other. This tension constitutes the contradiction at the heart of the Indian Constitutional form. The dissertation concludes by following one such contradiction, between the strata of imagination and text as it developed during the most important constitutional conflict of the initial years on the question of compensation for acquisition of property. It also demonstrates how that conflict fundamentally shaped the nature of Indian constitutional practice.

APA, Harvard, Vancouver, ISO, and other styles

38

Fraas, Arthur Mitchell. ""They Have Travailed Into a Wrong Latitude:" The Laws of England, Indian Settlements, and the British Imperial Constitution 1726-1773." Diss., 2011. http://hdl.handle.net/10161/3954.

Full text

Abstract:

In the mid-eighteenth century the British Crown claimed a network of territories around the globe as its "Empire." Through a close study of law and legal instutions in Bombay, Madras, Calcutta, as well as London, this dissertation examines what it meant to be a part of that Empire. These three cities on the Indian subcontinent were administered by the English East India Company and as such have often seemed abberant or unique to scholars of eighteenth-century empire and law. This dissertation argues that these Indian cities fit squarely within an imperial legal and governmental framework common to the wider British world. Using a variety of legal records and documents, generated in both India and England, the dissertation explores the ways in which local elites and on-the-ground litigants of all national, religious, and cultural backgrounds shaped the colonial legal culture of EIC India. In the process, the dissertation shows the fitful process by which litigants from India, Company officials, and London legal elites struggled over how to define the limits of Empire. The dissertation argues that it was this process of legal wrangling which both defined the mid eighteenth-century Empire and planted the seeds for the more exclusionary colonial order in nineteenth century British India.

Dissertation

APA, Harvard, Vancouver, ISO, and other styles

39

Gupta, Krishna. "Social equality and the Indian constitution." Thesis, 1991. http://hdl.handle.net/2009/5770.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Chaudhari, R. L. "The concept of secularism in Indian constitution." Thesis, 1985. http://hdl.handle.net/2009/3426.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Joshi, B. R. "Human values in Indian constitution: A critical study." Thesis, 1987. http://hdl.handle.net/2009/4295.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Mishra, Ravindra Nath. "Democratic conscience in the Indian constitution and judicial trends." Thesis, 1992. http://hdl.handle.net/2009/3622.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

ACAR, Ali. "Between legality and legitimacy : the case of judicial review of constitutional amendments from a comparative law perspective." Doctoral thesis, 2015. http://hdl.handle.net/1814/34851.

Full text

Abstract:

Defence date: 30 January 2015
Examining Board: Professor Giovanni Sartor (EUI Supervisor); Professor Bruno de Witte (EUI); Professor Giorgio Bongiovanni (University of Bologna, School of Law); Professor Reza Banakar (Lund University, Sociology of Law Department).
There is a growing scholarly interest in the issue of unconstitutional constitutional amendments. Generally speaking, this issue concerns whether there should be some limits to constitutional amendments and whether courts should control those limits. In this sense, unconstitutional constitutional amendment exacerbates the debate concerning the legitimacy of judicial review qua institution, and moves the discussion one step further. The rise in interest among scholars of the issue of unconstitutional constitutional amendments derives from the fact that constitutional amendments are sometimes used as an instrument by authoritarian governments to achieve their aims. The judiciary in various jurisdictions gives negative or affirmative responses to this instrumentalization of constitutional amendments by reviewing the contents of amendments. Thus, judicial review of constitutional amendments on substantive grounds has become a new legal phenomenon, which deserves close consideration. The purpose of this thesis is to contribute to this literature. How is it possible for a court to declare an amendment unconstitutional? Under what conditions can the legality of an amendment be questioned? What substantive considerations outweigh the formal value of a duly adopted constitutional amendment, which is normally regarded as the highest legal source in modern legal systems? What kind of legal theory can explain this practice? These are some of the guiding questions, the analysis of which constitutes the main goal of our work. The analysis is based on the distinction between the aspects of legality and of legitimacy. The legality of a constitutional amendment concerns two considerations. The first is whether the amendment is legally valid in terms of the constitutional norms. The constitutional norms here refer mainly to the procedural requirements or amendment mechanism, which the constitutional amendments have to meet. The second consideration is whether the amendment must conform to some (superior) principles, values etc. Depending on how one conceives of those superior principles, one may approach the issue at hand from the natural law perspective or legal positivism. In the present work, we stick to the legal positivism in accounting for the legality of unconstitutional constitutional amendments. The legitimacy of a constitutional amendment concerns the merit of the amendment according to political morality, namely, whether it is a good or a bad thing, with regard to the value that the constitutional amendment should pursue. Equally, the legitimacy of the substantive ii judicial review of constitutional amendments concerns whether it is a bad or good thing to confer on a court of an extra-ordinary power in a system, which is subscribed to constitutional democracy. This is a normative account of legitimacy, but it is not the only one. Legitimacy may also be approached sociologically, i.e. descriptively. In the latter account, legitimacy is examined on the basis of the political morality, which a legal and political order actually aims to achieve and pursue. These actual aims might be ideal or not (from an outsider and/or insider point of view). We will follow this sociological account in our analysis of the legitimacy of the judicial review of constitutional amendments. The analysis of the issue is carried out through a comparative law perspective. In this respect, three jurisdictions are examined: Germany, India, and Turkey, which provide the most prominent examples of case law concerning the judicial review of constitutional amendments on substantive grounds.

APA, Harvard, Vancouver, ISO, and other styles

44

Kulkarni, Vandana Pandit. "The erosion of federalism in Indian constitution with special reference to centre-state relations." Thesis, 1986. http://hdl.handle.net/2009/4306.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

Mukherjee, Mithi. "The lawyer, the legislator and the renouncer : a history of anti-colonial representational politics in modern India (1757-1947) /." 2001. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:3019954.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

CHANG, WEI-SHUEH, and 張惟雪. "A system called Yoga Asana Decision Support System, YADSS, based on Ayurveda constitution judging method of Indian medical science and symptoms." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/92941872546918719616.

Full text

Abstract:

碩士
南台科技大學
資訊管理系
94
Yoga has been spread for thousands of years and has proved its effective healing for various diseases by researches with scientific methods in the East and the West. Therefore, a system called Yoga Asana Decision Support System, YADSS, based on Ayurveda constitution judging method of Indian medical science and symptoms is proposed in this thesis. The YADSS serves the individuals in need of it, such as doctors, patients and regular persons for the purpose of personal health care. While operated through the internet, the system will offer appropriate Yoga asana exercises proposals for users in pursuant to their own symptoms. The features of YADSS are providing online questionnaires based on Indian medical science to judge the users’ constitutions; providing three proposals of different degrees of difficulty of Yoga asana exercises based on constitutions and symptoms and then to deliver the effects of exercises with a minimum combination of Yoga asanas. The results of substantial online usage and collected questionnaires show that YADSS can offer users the appropriate proposals to deliver the effect of improving symptoms.

APA, Harvard, Vancouver, ISO, and other styles

47

Naguran, Chinnapen Amatchi. "A critical study of aspects of the political, constitutional, administrative and professional development of Indian teacher education in South Africa with particular reference to the period 1965 to 1984." Thesis, 1985. http://hdl.handle.net/10413/3237.

Full text

Abstract:

This study deals with the administrative and curricular development of Indian teacher education in South Africa for the period 1860 - 1984. It is set against the background of developments in the education system for Indians in this country. Historical and political events which have a direct bearing on Indian education are touched upon merely cursorily to give the reader the necessary background for a fuller appreciation of the Indian community's struggle for education in the country of their adoption. The study is divided into three parts. Part one comprising the first two chapters, provides a brief historical perspective of Indian education from 1860 to 1965. Chapter One deals with a brief review of the coming of the Indians to Natal and the origins and early development of education for the Indians. Chapter Two carries on the historical review with the emphasis on the early development of Indian teacher education. Part Two comprising four chapters deals with aspects of Indian education after it was transferred from provincial control to central State control in 1966. The Indian Education Act of 1965 (No. 61 of 1965) is taken as a point of departure. Chapter Three begins with a very brief discussion of the principles underlying the nationalisation of education in South Africa. The de Lange Report and the Government's reaction to its recommendations are considered against the new political dispensation. Chapter Four deals with such aspects as control and administration, involvement of Indians in the control of their education, school accommodation, growth in pupil enrolment and the school curricula are examined to assess growth and progress. Chapter Five is concerned with the control and administration of Indian teacher education after nationalisation of Indian education. Within the framework of this chapter recent developments such as the recommendations of the Gericke Commission leading to the National Education Policy Amendment Act (No. 75 of 1969) and the van Wyke de Vries Commission's recommendations for a closer co-operation with universities in respect of teacher education, are examined with a view to tracing their influence on Indian teacher education. Chapter Six attempts to examine demographic aspects which influence the demand for and supply of teachers in Indian education. Part Three comprising four chapters, examines contemporary issues and perspectives in Indian teacher education. Chapters Seven and Eight examine critically the teachers' courses at the Colleges of Education and the University of Durban-Westville respectively. Chapter Nine examines on a comparative basis structural changes and new developments in methodological skills in teacher education. Finally, in Chapter Ten proposals and recommendations are formulated with a view to achieving a properly structured institutional arrangement such as the college council and college senate to facilitate Indian teacher education.
Thesis (Ph.D.) - University of Natal, Pietermaritzburg, 1985.

APA, Harvard, Vancouver, ISO, and other styles

48

Deane, Tameshnie. "Affirmative action: a comparative study." Thesis, 2005. http://hdl.handle.net/10500/2012.

Full text

Abstract:

Racial and gender inequality, as well as other forms of discrimination has been a part of the South African, American and Indian histories for a very long time. Even today racial disparity is still very evident in the South African and American societies whilst discrimination based on caste is still prevalent in the Indian society. This is illustrated by continued racial discrimination and the remaining signs of societal segregation. Due to continuing disparities amongst the people, it became necessary to implement affirmative action programmes. Focusing in particular on education and jobs, affirmative action policies require active measures to be taken to ensure that blacks and other minorities enjoy the same opportunities for career advancement and school admissions that had been the nearly exclusive province of whites in SA and the USA, or for the forward castes in India. Affirmative action has been both praised and denounced, as an answer to racial inequality. One of the key issues that arise when affirmative action is discussed is whether or not affirmative action in fact promotes equality and atones for past prejudices. Another concern is whether the current affirmative action policy is the right policy to use. The issues surrounding affirmative action seems to be universal as are the circumstances. Perhaps the most widespread similarity among the programmes in these very different countries has been that group preferences and quotas are almost always discussed. The debate on affirmative action exists because it is a very divisive issue and it affects different groups of people in different ways, and some groups or persons seemingly benefit more from affirmative action than other persons or groups. In addition, it causes people to be classified into groups, and at the same time, strives to break down group barriers. It is an issue that is difficult to resolve because people have varied ideas about how the problems of racial inequality and historical discrimination should be addressed
Jurisprudence
LLD

APA, Harvard, Vancouver, ISO, and other styles

49

Tshoose, Clarence Itumeleng. "Social assistance : legal reforms to improve coverage and quality of life for the poor people in South Africa." Thesis, 2016. http://hdl.handle.net/10500/21939.

Full text

Abstract:

The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. The underlying normative commitment of social security is the improvement of the quality of life of the population by promoting economic or material equality. Social security ensures that all citizens have a stake in society and that each individual has an incentive to contribute to the development of the commonwealth. It plays a crucial role in the lives of communities and families viewed in the context of social transfers which provide broader development objectives and tackles income poverty transfers. The objectives of this study are threefold. Firstly, it examines the extension of social assistance coverage to the indigents in South Africa. Secondly, it looks at the legal mechanisms employed by courts and government in order to improve the social security rights of the poor in South Africa. Thirdly, the research investigates the possible reform and trends in India and Brazil with the aim of improving South Africa’s system of social security. For the avoidance of doubt, the law evaluated in this work is at 15 September 2015.
Jurisprudence
LL. D.

APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic 'Constitution of India'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles