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Journal articles on the topic 'Constitution of India'
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1
Adil Bashir Parry. "Managing Diversity in the Multicultural Framework of India." East Asian Journal of Multidisciplinary Research 1, no. 3 (April 28, 2022): 269–78. http://dx.doi.org/10.55927/eajmr.v1i3.107.
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After India got independence from the British rule in 1947, the main challenge for the makers of the new constitution was the successful management of the vast ethno-cultural, religious and linguistic diversity of the country. Accommodating minorities in a way that respects their distinctive identity was indeed a great task for constitutional makers. The paper, therefore, intends to study the role of Indian constitution in protecting the deep-rooted diversity of India. It seeks a detailed analysis of the general and specific provisions of the constitution that guarantees the minorities not only a safe survival but their empowerment as well. The study found Indian constitution a multicultural document that ensures minorities a dignified status by conferring them some special rights available only to them.
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Gadhave, Asmita Subhash. "A Comparative Study on separation of power in India, UK and USA Constitution." International Scientific Journal of Engineering and Management 03, no. 03 (March 23, 2024): 1–9. http://dx.doi.org/10.55041/isjem01405.
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India has its written Constitution, it is said to be lengthy. It is a Holy text to the Citizens of India. The Constitution entails Fundamental Rights and Fundamental Duties in Part III and Part IV respectively. The Constitution has recognized the separation of powers as part of it. 'Separation of Powers' is a basic principle where powers and responsibilities are divided among the executive, legislative and judicial branches. The study takes a multidimensional approach, taking into account institutional, political, historical, and legal aspects. The author attempted to analyze the doctrine of Separation of Powers as envisaged under the Constitution of India and also the author would like to demonstrate the difficulties faced by the three wings of the government in practice while implementing the provisions of the Constitution. The author also draws a comparative analysis with the Indian, US (the United States of America), UK (United Kingdom) Constitutions regarding the scheme of Separation of Powers Key words: Separation of power, Executive; Legislative; Judiciary; Constitution of India
3
Shairgojri, Aadil Ahmad, and Showkat Ahmad Dar. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Image Processing and Intelligent Remote Sensing, no. 25 (August 1, 2022): 8–18. http://dx.doi.org/10.55529/jipirs.25.8.18.
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India is the largest populous democracy in the world, however there are many others? India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is constrained and the Indian Constitution is safeguarded. There are two different categories of modifications allowed under the Indian Constitution. A majority of all Indian states must ratify, as well as a special majority in both the Lok Sabha and Rajya Sabha (the lower house of Parliament). When the Indian Constitution was up for review again in October 2021, 105 amendments had been made. In 1950, the First Amendment to the US Constitution was ratified. The Constitution has undergone 104 amendments since that period. The Citizenship Amendment Bill, introduced in Lok Sabha, was an attempt to update the Citizenship Act of 1955. (CAA Bill 2019). A Joint Parliamentary Committee received it, and on January 7, 2019, it issued a report outlining its conclusions and suggestions. The Citizenship Amendment Bill was passed on January 8, 2019, and the 16th Lok Sabha was dissolved. Amit Shah, the minister of home affairs, reintroduced the bill in the 17th Lok Sabha on December 9, and it was approved on December 10 of that same year. Despite the Rajya Sabha voting to adopt the measure on December 11th, India has been quite critical of it due to its discriminatory nature among neighbouring nations. A bill of this sort is fiercely opposed by the populace. The paper aims to explain all of the bill's provisions and presents the arguments against it.
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Dar, Showkat Ahmad, and Aadil Ahmad Shairgojri. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Language and Linguistics in Society, no. 21 (January 24, 2022): 18–27. http://dx.doi.org/10.55529/jlls.21.18.27.
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India is the largest populous democracy in the world, however there are many others. India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is constrained and the Indian Constitution is safeguarded. There are two different categories of modifications allowed under the Indian Constitution. A majority of all Indian states must ratify, as well as a special majority in both the Lok Sabha and Rajya Sabha (the lower house of Parliament). When the Indian Constitution was up for review again in October 2021, 105 amendments had been made. In 1950, the First Amendment to the US Constitution was ratified. The Constitution has undergone 104 amendments since that period. The Citizenship Amendment Bill, introduced in Lok Sabha, was an attempt to update the Citizenship Act of 1955. (CAA Bill 2019). A Joint Parliamentary Committee received it, and on January 7, 2019, it issued a report outlining its conclusions and suggestions. The Citizenship Amendment Bill was passed on January 8, 2019, and the 16th Lok Sabha was dissolved. Amit Shah, the minister of home affairs, reintroduced the bill in the 17th Lok Sabha on December 9, and it was approved on December 10 of that same year. Despite the Rajya Sabha voting to adopt the measure on December 11th, India has been quite critical of it due to its discriminatory nature among neighbouring nations. A bill of this sort is fiercely opposed by the populace. The paper aims to explain all of the bill's provisions and presents the arguments
5
Shairgojri, Aadil Ahmad, and Showkat Ahmad Dar. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Psychology and Political Science, no. 12 (November 27, 2021): 24–34. http://dx.doi.org/10.55529/jpps.12.24.34.
Full textAbstract:
India is the largest populous democracy in the world, however there are many others. India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is constrained and the Indian Constitution is safeguarded. There are two different categories of modifications allowed under the Indian Constitution. A majority of all Indian states must ratify, as well as a special majority in both the Lok Sabha and Rajya Sabha (the lower house of Parliament). When the Indian Constitution was up for review again in October 2021, 105 amendments had been made. In 1950, the First Amendment to the US Constitution was ratified. The Constitution has undergone 104 amendments since that period. The Citizenship Amendment Bill, introduced in Lok Sabha, was an attempt to update the Citizenship Act of 1955. (CAA Bill 2019). A Joint Parliamentary Committee received it, and on January 7, 2019, it issued a report outlining its conclusions and suggestions. The Citizenship Amendment Bill was passed on January 8, 2019, and the 16th Lok Sabha was dissolved. Amit Shah, the minister of home affairs, reintroduced the bill in the 17th Lok Sabha on December 9, and it was approved on December 10 of that same year. Despite the Rajya Sabha voting to adopt the measure on December 11th, India has been quite critical of it due to its discriminatory nature among neighbouring nations. A bill of this sort is fiercely opposed by the populace. The paper aims to explain all of the bill's provisions and presents the arguments against it.
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Patil, Subhash. "INDIAS CONSTITUTIONALISM: AN EXAMINATION OF ITS HISTORICAL DEVELOPMENT AND CURRENT ISSUES." International Journal of Advanced Research 11, no. 09 (September 30, 2023): 1434–39. http://dx.doi.org/10.21474/ijar01/17666.
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This paper explores the idea of constitutionalism in India, charting its development over time and evaluating current threats to the countrys constitutional system. The transition of India from colonial oppression to a democratic republic with a strong constitution is an impressive case study in the evolution of constitutions. The paper examines constitutionalisms tenets in the context of India, highlighting its importance in preserving the rule of law, democracy, and human rights. It also draws attention to some of the major issues that Indian constitutionalism is facing in the twenty-first century, including federalism, judicial activism, and minority rights protection. This essay sheds light on the distinct history of constitutionalism in India and its applicability in the modern world.
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Fernando, Joseph M., and Ho Hui Ling. "British and Commonwealth legacies in the framing of the Malayan constitution, 1956–1957." Britain and the World 8, no. 2 (September 2015): 181–203. http://dx.doi.org/10.3366/brw.2015.0190.
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The drafting of a constitution is a complex consultative process. No country, including the United States and India, can claim that its constitution was entirely the original creation of its draftsmen. Framers of constitutions are inspired and influenced by a variety of sources from ancient and modern forms of government and laws. The 1957 Malayan federal constitution drafted by the Reid commission was no exception. While it is known that the drafting of the Malayan (now Malaysian) constitution was influenced by Commonwealth constitutions, the extent of this influence has remained unclear. This article reveals through a close scrutiny of the primary constitutional documents that the framing of the Malayan constitution was mainly influenced by three connected yet varied sources of constitutionalism. Their influences can be discerned at two inter-related levels. At the first level, it is clear that the underlying constitutional principles which formed the foundations of the Malayan constitution were largely based on English constitutionalism and principles of Common law. At the second and more visible level, this article reveals that the drafting of the Malayan constitution was largely influenced by two contemporary Commonwealth constitutions which served as the main reference templates for the framing of the articles.
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Herklotz, Tanja. "Feminist Constitutional Activism in India." Verfassung in Recht und Übersee 56, no. 1 (2023): 153–74. http://dx.doi.org/10.5771/0506-7286-2023-1-153.
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This paper assesses feminist constitutional activism in India, i.e. feminist engagements with the Constitution with the aim of broadening women's rights. To this end, the paper looks at several generations of feminist activists. It shows how feminists impacted the process of constitution-making and how they realised women's constitutional rights by holding the legislature accountable to the Constitution and demanding that the judiciary declare laws unconstitutional if they violated women's fundamental rights. The paper places a particular focus on the constitutionally enshrined conflict between religious freedom and women's rights—a conflict that plays out in a specific way in many countries of the Global South and that confronts feminist activists with challenges that their counterparts in the Global North might not face in the same way.
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Pankaj, Ashok. "Discretionary Powers of Governor—III: An Interpretation from Federal Perspective." Indian Journal of Public Administration 64, no. 1 (February 15, 2018): 49–72. http://dx.doi.org/10.1177/0019556117735447.
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This article examines the scope of discretionary powers of governor of a state in India from federal perspective and argues that they are against the principle of ‘cabinet responsibility’, an essential feature of parliamentary form of government that India intertwined with the federal constitution. These apparent anachronistic constitutional provisions were inherited from the Government of India Act, 1935, and retained with some modifications in the Constitution of Independent India as an institutional safeguard for the unity and integrity of Union of India that was formed by the merger of more than 500 princely states and a number of British administered provinces. As against the intentions of the constitution makers, the use of discretionary powers by governors has remained short of constitutional propriety, and it has been a major source of tension in centre–state relations. This has been partly because of the scope of powers itself and partly because of political factors. This article adds to various attempts of defining the scope of discretionary powers of the governor. A governor, appointed on political considerations, flippantly sets aside norms, values and constitutional propriety, expected of him in exercise of his/her powers. The lack of tenurial security makes him susceptible to the pressure of the union government. Only through political consensus, a solution can be found out to resolve this tricky issue of Indian federalism.
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Satapathy, Ramakanta, and Bikram Kumar Das. "RIGHT TO HEALTH IN INDIA." International Multidisciplinary Research Journal 6 (May 27, 2016): 6. http://dx.doi.org/10.19071/imrj.2016.v6.3038.
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<p>Right to health is recognized by the constitution of India. The Constitution of World Health Organization states that, “Health is a State of Complete physical, mental and social well being and not merely the absence of diseases or infirmity.” Right to health presupposes that, “ it is the duty of the State to raise the level of nutrition and standard of living of the people for good health. The apex court of India declared that Right to health is a fundamental right coming within Article 21 of the Indian Constitution. Right to health and health care needs multi-disciplinary services to monitor health condition of life. It is a huge task requires effective management and organized action. In this article an attempt is made to introspect the right to health within the constitutional parameters, international provisions and judicial decisions of Supreme Court. In this work doctrinal method is adopted to draw the conclusion. </p>
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Rather, Aqib Yousuf. "Secularism in India Myth or Reality: An explanatory Study." Journal of Language and Linguistics in Society, no. 22 (March 28, 2022): 9–15. http://dx.doi.org/10.55529/jlls.22.9.15.
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An impetus was given to the discussion on whether or not Indian secularism is a myth or a reality. A secular society is one in which individuals are free to practise their religion of choice. The Constitution of India recognises and upholds the principle of religious toleration, making India a nation that is home to a number of distinct faiths. The term "secular" was not included in the original version of the Indian Constitution; nevertheless, it was added in 1976 as part of the 42nd Amendment. Nevertheless, the values of secular character have always been a part of the constitutional fabric of India, and this has been the case since the very beginning. The Judiciary has, on numerous occasions, drawn attention to this particular facet as well. It is possible to state with absolute certainty that secularism is one of the guiding principles of the Constitution and that this position will never be subject to revision. Nonetheless, there have been cases where the state has been seen to favour a specific religion over the concept of secularism. In order to better understand Indian secularism, we've written this piece. Secularism in India is described as a myth or reality and the issues related with it are discussed.
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Yousuf Rather, Aqib. "SECULARISM IN INDIA MYTH OR REALITY: AN EXPLANATORY STUDY." MORFAI JOURNAL 2, no. 2 (July 8, 2022): 249–54. http://dx.doi.org/10.54443/morfai.v2i2.283.
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An impetus was given to the discussion on whether or not Indian secularism is a myth or a reality. A secular society is one in which individuals are free to practise their religion of choice. The Constitution of India recognises and upholds the principle of religious toleration, making India a nation that is home to a number of distinct faiths. The term "secular" was not included in the original version of the Indian Constitution; nevertheless, it was added in 1976 as part of the 42nd Amendment. Nevertheless, the values of secular character have always been a part of the constitutional fabric of India, and this has been the case since the very beginning. The Judiciary has, on numerous occasions, drawn attention to this particular facet as well. It is possible to state with absolute certainty that secularism is one of the guiding principles of the Constitution and that this position will never be subject to revision. Nonetheless, there have been cases where the state has been seen to favour a specific religion over the concept of secularism. In order to better understand Indian secularism, we've written this piece. Secularism in India is described as a myth or reality and the issues related with it are discussed.
13
Rather, Aqib Yousuf. "Secularism in India Myth or Reality: an Explanatory Study." Journal of Psychology and Political Science, no. 12 (November 27, 2021): 35–41. http://dx.doi.org/10.55529/jpps.12.35.41.
Full textAbstract:
An impetus was given to the discussion on whether or not Indian secularism is a myth or a reality. A secular society is one in which individuals are free to practise their religion of choice. The Constitution of India recognises and upholds the principle of religious toleration, making India a nation that is home to a number of distinct faiths. The term "secular" was not included in the original version of the Indian Constitution; nevertheless, it was added in 1976 as part of the 42nd Amendment. Nevertheless, the values of secular character have always been a part of the constitutional fabric of India, and this has been the case since the very beginning. The Judiciary has, on numerous occasions, drawn attention to this particular facet as well. It is possible to state with absolute certainty that secularism is one of the guiding principles of the Constitution and that this position will never be subject to revision. Nonetheless, there have been cases where the state has been seen to favour a specific religion over the concept of secularism. In order to better understand Indian secularism, we've written this piece. Secularism in India is described as a myth or reality and the issues related with it are discussed.
14
Singh, Rajbir. "STATE-LOCAL RELATIONS IN INDIA." VIDYA - A JOURNAL OF GUJARAT UNIVERSITY 2, no. 1 (June 23, 2023): 242–45. http://dx.doi.org/10.47413/vidya.v2i1.271.
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The Constitution of India established democratic governments at the Center, States, and Local Levels. The constitution provides relationship between the center, state local governments. The constitutional structure of Local Self-government in India is based upon the decentralisation pattern in India with reference to the 73rd and 74th Constitutional amendments and devolution of powers to Rural and Urban local bodies, known as Panchayati Raj and Municipalities, as the lowest unit of governance in villages and towns. The Act gives constitutional status to rural and urban governments. States governments are mandated to devolve adequate powers, responsibilities, and finances for preparing plans and implement schemes to provide basic amenities in rural and urban areas.
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Bauer, Christian A., and Harald J. Bolsinger. "The Value of Constitutional Values: With the Examples of the Bavarian and the Indian Constitution." Tattva - Journal of Philosophy 6, no. 2 (July 1, 2014): 61–77. http://dx.doi.org/10.12726/tjp.12.4.
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The Bavarian and the Indian constitutions were developed in almost the same period of time. Because of historic experiences the prospect of legal certainty was the determining factor for the representatives of the people in India and Bavaria. They elaborated functioning constitutions and integrated their fundamental ideological principles quite naturally. The Indian and the Bavarian constitution are characterized by their aspirations to balance social injustice, particularly by striking a balance between individual liberty and social need.The history of political economy demonstrates a broad variety of interpretations regarding the meaning and function of value concepts. When we review all these value concepts we identify two poles of the value-concept that still lack compatibility with each other in economical and philosophical schools to this day. Value systems have to be applied situation-sensitive and are in need of a frequent critical reflection; they need to be refused or changed if necessary.Examining some examples of the Bavarian Constitution, we indicate some concordances with regard to contents of the Indian Constitutional Law. The equivalences in the Bavarian and the Indian Constitution incorporate entitlements which should protect citizens against an unjustified economical assault upon their existence.
The social value conflicts that occur more and more because of the hiatus to the constitutionally warranted values, and that cannot be solved simply by law or political adjustment, are therefore up for discussion. We then examine the disparity between entitlements and reality and discuss the hierarchy of our values.
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BHATIA, Gautam. "Horizontal Discrimination and Article 15(2) of the Indian Constitution: A Transformative Approach." Asian Journal of Comparative Law 11, no. 1 (May 25, 2016): 87–109. http://dx.doi.org/10.1017/asjcl.2016.5.
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AbstractThis article explores horizontal non-discrimination rights under the Constitution of India (Indian Constitution). The Indian Constitution is unique in that it expressly prohibits private discrimination on the grounds of sex, race, caste, religion, etc. for the purpose of, inter alia, “access to … shops” (Article 15(2)). The article argues that a historically grounded understanding of the word “shops”, in the context of the transformative purposes of the Indian Constitution, necessitates a broad reading that covers all private economic transactions where goods and services are offered to the public at large. Furthermore, seemingly contrary Supreme Court precedent, if it is constitutionally justifiable, must be restricted to its own facts. In sum, Article 15(2) of the Indian Constitution provides a radical constitutional remedy that is directly horizontally applicable to private conduct, and goes far beyond remedies developed in other jurisdictions, which have often needed to turn to legislation in order to adequately combat private discrimination in the economic and social sphere.
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Narayan, Uma. "The Constituent Assembly of India: Recollecting Contributions of Sir Benegal Narsing Rau, the Constitutional Adviser." International Journal of Legal Information 44, no. 3 (November 2016): 225–34. http://dx.doi.org/10.1017/jli.2016.40.
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Before recollecting the contributions of Sir B.N. Rau in articulating of the Constitution of India, it is necessary to know about the evolution of concept of Constituent Assembly, formation of Indian Constituent Assembly and initiatives taken by its members to include the best features of some Constitutions of the World for the benefit of Indian people.
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Juyal, Rebant. "Constitutional Liberties and Cyberspace: Analysing the Anuradha Bhasin v Union of India Case and its Impact on Fundamental Rights." Legal Information Management 23, no. 4 (December 2023): 276–81. http://dx.doi.org/10.1017/s1472669623000622.
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AbstractThe right to free speech and expression is a fundamental right guaranteed under Article 19 (1) (a) of part III of the Indian constitution. The fundamental rights act as the constitutional restraints over the state's authority to intervene within the protective gamut of civil liberties of the people. However, the Indian judiciary remains the principal enforcer of the constitutional liberties guaranteed as fundamental rights whenever breached by the state. As the interpreters of the constitution and guardians of civil liberties, the Indian constitutional courts have consistently acted to protect people from state-authorised interventions in their respective domains of fundamental rights. To this concept, this research article by Rebant Juyal attempts to study the landmark judgment of the Indian Supreme Court in the case of Anuradha Bhasin v Union of India, where the court upheld the fundamental right of people to express their speech and expression on the internet.
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Dr. Ganesh Dubey and Dheerendra Singh. "National Judicial Commission In India: The New Challenge." Legal Research Development: An International Refereed e-Journal 1, no. I (September 30, 2016): 67–82. http://dx.doi.org/10.53724/lrd/v1n1.09.
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Art. 50 of our constitution provide - separation of powers and independent judiciary (under directive principles) and Art. 13 of the Indian constitution provide vital power to amend any new statute and empowered to Supreme Court to check the constitutional validity of particular act/statute. For much of its history the Indian judiciary has been regarded as largely fair and incorruptible. No action was taken on the bill but the system of Supreme Court appointments that it envisaged was mandated three years later by the Supreme Court itself. In Supreme Court Advocates-on-Record Association vs. Union of India (1993 (4) SCC. 441) the Court ruled that the Constitution’s provision that the President appoint Supreme Court judges in ‘‘consultation with such Judges of the Supreme Courts...as the President may deem necessary” (Article 124(2)) meant that the advice of the Supreme Court judges was binding upon the President. It also resolved that the judges involved in this ‘consultation’ would be the Chief Justice of India and the two judges next in seniority. This decision was upheld in 1998 in the Third Judges case, only slightly modified to involve the Chief Justice of India and the four judges – rather than two – next in seniority as well as all Supreme Court judges from the candidate’s High Court. The Supreme Court of India and the High Court’s set the standard for judicial conduct and competence in the country. It is vital that we create a National Judicial Commission, combining input from the elected branches of government and the judiciary, to appoint and over see the judges of the Supreme Court and High Court.
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Thomas, Cyriac. ""Institutional Review of the Constitutional Policy Making Domain "." Artha - Journal of Social Sciences 7, no. 1 (January 1, 2008): 1. http://dx.doi.org/10.12724/ajss.12.1.
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This Paper has as its theme 'institutional review of the constitutional policy making domain'. The trajectory followed in expounding this theme involves, first, to look at the background and working of the Indian constitution and then explain the possible institutional analysis of the existing structure. The paper then proceeds to the proposed hypothesis as evident from the working of the constitution of India and discusses the real-time means of testing it, whereby exploring the ways of evolving constitutional safeguards in the policy making regime. The study proposes to penetrate behind the verbal formulae of constitutional law, to the social realities, which stand behind them and with which they deal.
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Das, Mamoni. "Panchayati Raj Institutions in India." Galore International Journal of Applied Sciences and Humanities 6, no. 2 (May 10, 2022): 6–14. http://dx.doi.org/10.52403/gijash.20220402.
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Panchayati Raj Institution (PRI) is a system of rural local self-government in India. Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration. It has 3 levels: village, block and district. “Panchayat” literally means assembly (yat) of five (panch) and ‘Raj’ literally means governance or government. Mahatma Gandhi advocated Panchayati Raj a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India’s political system. His term for such a vision was “Gram Swaraj”(Village Self-governance).The dream of 'Gram Swaraj' of our beloved father of nation, Mahatma Gandhi and motto of 'Power to People' are essence of true democracy. The task of capacity building of these large numbers of Panchayats is quite gigantic exercise. As per the assessment of the Ministry of Panchayati Raj even after 22 years of enactment of 73rd Constitutional (Amendment) Act and also after having three rounds of Panchayat elections in many States in India the empowerment of Panchayats have not taken place as envisioned in the 73rd Constitution (Amendment) Act in 1992.The 73rd Amendment to the Constitution in 1992 gave Constitutional status to the Panchayats as institutions of local self government and also for planning and implementing programmes for economic development and social justice. The Panchayati Raj System is not a new concept and therefore is considered as one of the best ways of governance of the rural India. However, the System of Panchayati Raj despite having derived their power and existence from the constitution of India. In this paper discuss Panchayati raj Structure, Evolution, 73rd Constitutional (Amendment) Act, Ministry of Panchayati Raj and Panchayati Raj System in Andaman and Nicobar Islands. Keywords: Panchayati Raj, Constitution, Amendment and development
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Dar, Rouf Ahmad, and Javid Ahmad Dar. "Constitutional Autonomy and its (Un)making." Verfassung in Recht und Übersee 56, no. 4 (2023): 675–89. http://dx.doi.org/10.5771/0506-7286-2023-4-675.
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To grant the Muslim majority princely state of Jammu and Kashmir (J&K) a special accommodation in the Indian context via Article 370 had been a novel constitutional experiment. The negotiations between the ruler of the state and the government of India formalized the ‘Accession’ of J&K with India, and Article 370 reflected the conditions of the constitutional relationship between the two. Being an exceptional provision that gave birth to a separate, but not independent, constitution (of Jammu and Kashmir), why has not Article 370 of the Indian constitution, or more precisely Jammu and Kashmir’s autonomous status, stood the test of time? Was the unmaking ingrained in the very making of Article 370 or an outcome of its antithetical use by successive Indian governments? What concerns, motivations, and ambitions influenced the J&K leadership during this constitutional exercise? These are questions that this paper seeks to answer. This paper argues that the repeal of Article 370 was inevitable due to the nature and context of its initial framing as much as its subsequent institutional-political working, and that the guarantee of autonomy was essentially, from the very genesis, meant to lead to a complete integration of J&K with the Indian Union without any special constitutional autonomy.
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K. Koradhanyamath, Vijayalakshmi, and Sandeep C. Desai. "JUDICIAL ACTIVISM AND OVERREACH IN INDIA." International Journal of Advanced Research 11, no. 07 (July 31, 2023): 1070–78. http://dx.doi.org/10.21474/ijar01/17318.
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The researcher has worked on the Judicial Activism & overreach in India,This new epitope is exploring Indian Judiciary,Judicial Review,Art.32 and 226 of constitution,PIL,Substantive due process and Art.21 of the Indian constitution,Legislationby the Judicial Activism to overreach.
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Muthu Kumar, B. "Determining the Bench Size for Constitutional Adjudication." Christ University Law Journal 5, no. 1 (January 30, 2016): 1–18. http://dx.doi.org/10.12728/culj.8.1.
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The Supreme Court of India acts as a Constitutional Court as well as the highest appellate court. The Constitution imposes mandatory minimum requirements for the strength of the Bench for constitutional adjudication. The apex Court has been criticized for constituting fewer number of Constitution benches, and for delaying the disposal of constitutional matters. Many Constitutional questions are being decided upon by Division benches or Constitutional benches, consisting of merely three members, due to prolific appeals in the Supreme Court. The researcher aims to analyze the question ‘whether the size of the Bench matters for constitutional adjudication?’ The article in the light of Constitutional provisions and the Supreme Court Rules, focuses on the impact of small and large benches, particularly in the highest Court of the land, where constitutional questions are decided upon. The Kesavananda Bharati case has been employed to examine the pros and cons of a large Bench, and the recent NJAC case is analyzed to bring out the problems of a smaller Bench, in overruling the decision of a larger Bench. The researcher therefore, attempts to answer the
* Assistant Professor, SRM School of Law, SRM University, Kattankulathur, Tamil Nadu, India; muthukumarml@gmail.com
question whether a minimum required strength of the Bench in constitutional adjudication is required for the organic development of constitutional jurisprudence in our country.
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Gautam, Dilli Raj. "Salient Features of the Constitutions of Nepal and India: A Comparative Observation." KMC Research Journal 3, no. 3 (June 13, 2019): 53–72. http://dx.doi.org/10.3126/kmcrj.v3i3.35712.
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While comparing the Constitution of Nepal 2015 and the Constitution of India 1950 the paper comparatively analyses the major issues such as citizenship, inclusiveness, fundamental rights and independence of judiciary. Both constitutions are committed to socialism based on democratic norms and values, including people’s competitive multiparty democratic system of governance, civil liberties, fundamental rights, federal republic, secularism, adult franchise, periodic elections, full freedom of the press, and independent, impartial, competent and free judiciary and concept of the rule of law. This qualitative research article observes the salient features of the constitution of Nepal and India in descriptive and analytical order with comparative methodology.
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Ashraf, Muhammad Imran, and Athar Ali. "Status of Minorities: A Comparative Study of India and Pakistan." Global International Relations Review I, no. I (December 30, 2018): 35–42. http://dx.doi.org/10.31703/girr.2018(i-i).04.
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This research article titled "Status of Minorities: A Comparative Study of India and Pakistan", is an attempt to understand the status of minorities e.g., economic, political, social and constitutional rights that has been underestimated for decades. Comparative analysis research method has been used to comprehend the rights of minorities and their violations by India and Pakistan. To understand the status of minorities in India and Pakistan the liberalism theory is being used. The data supported my research hypothesis "Violations of Rights of Minorities in Pakistan is the outcome of individual actions whereas in India the violation of minority rights is backed by government machinery" Pakistan's stance on protection of constitutional, socio economic and political rights of minorities from day first is very clear. Rights of minorities have been protected under objective resolution 1949 and then in constitution of 1973. While Indian constitution is a secular one, the majority Hindus are using this secular constitution to exploit rights of the minorities. Off and on the communal violence is been witnessed. Gujrat massacre under the Chief Minister ship of Modi current Prime Minister of India can be termed as state sponsored massacre of Muslims. When Modi took office as PM, the radical Hindus become more hostile towards minorities living in India. On governmental level many unilateral legislations have been made against minorities' religious rituals e.g., Muslim marriage Act of Tripple Talaq. Beside this unlawful Citizenship amendment bill and abrogation of article 370 from Kashmir and Farmers Agricultural Acts without consulting Sikh community led to an uncertainty. The liberalist theory advocates the rights of every individual must be ensured as it is the basic principle of democratic system of government. But it has been observed that serious violations of minority rights at state level in India and individual level in Pakistan.
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Bhaskar, Anurag. "'Ambedkar's Constitution': A Radical Phenomenon in Anti-Caste Discourse?" CASTE / A Global Journal on Social Exclusion 2, no. 1 (May 16, 2021): 109–31. http://dx.doi.org/10.26812/caste.v2i1.282.
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During the last few decades, India has witnessed two interesting phenomena. First, the Indian Constitution has started to be known as ‘Ambedkar’s Constitution’ in popular discourse. Second, the Dalits have been celebrating the Constitution. These two phenomena and the connection between them have been understudied in the anti-caste discourse. However, there are two generalised views on these aspects. One view is that Dalits practice a politics of restraint, and therefore show allegiance to the Constitution which was drafted by the Ambedkar-led Drafting Committee. The other view criticises the constitutional culture of Dalits and invokes Ambedkar’s rhetorical quote of burning the Constitution. This article critiques both these approaches and argues that none of these fully explores and reflects the phenomenon of constitutionalism by Dalits as an anti-caste social justice agenda. It studies the potential of the Indian Constitution and responds to the claim of Ambedkar burning the Constitution. I argue that Dalits showing ownership to the Constitution is directly linked to the anti-caste movement. I further argue that the popular appeal of the Constitution has been used by Dalits to revive Ambedkar’s legacy, reclaim their space and dignity in society, and mobilise radically against the backlash of the so-called upper castes.
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Ramesh Kumar and Dr. Janardan Kumar Tiwari. "A Study of Judicial Responses relating to Human Rights in India." Legal Research Development: An International Refereed e-Journal 4, no. 1 (September 30, 2019): 14–20. http://dx.doi.org/10.53724/lrd/v4n1.06.
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India is one of the largest democratic & sovereign countries in the world in which the Indian judiciary is also the integral foundation & structural pillar along with its unification & independency in the democratic system. Indian judiciary has the responsibility to deliver the fair & satisfactory justice to the people concerned in according to the provisions of Constitution of India as a protector of human rights which have been guaranteed as justiciable fundamental rights under Indian Constitutional Law by way of judicial responses but the Indian judiciary & judicial responses are subject to the exception and criticisms because both the same create the deepest effects & consequences on person individual & our society in the presence of rule of law for the purposes of the largest interest of public peace & fulfillment of the long cherished dream of welfare state with a view to accomplish the spirit of Constitutional Law of India and intention of the legislators. The responsibility for the enforcement of fundamental rights as human rights has only been furnished to the highest Court of India (Supreme Court under article-32) & High Courts in States (under article-226) of the Constitution of India. The People of our society repose the exclusive believe on the judiciary but the same is not free from the exclusions & exceptions it is absolutely relevant to place over here that delayed justice denied justice it has rightly said therefore due these reasons, in today’s scenario, in the world of globalization, people somewhere are losing their confidence and credibility because of the disadvantages exclusions & exceptions with the inclusion of other connected things which are not the good results for us, society, nation & the world. Corollary with regard to this, in according to the need of hour, the judicial accountability has not only become essential but also compulsory & mandatory in order to the answerability towards the paramount of transparent democracy under the Constitution of India where any person, society or system can never be free from the exceptions in the interest & welfare of world human, living creatures & creation.
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Mahardika, Ahmad Gelora. "POLITIK HUKUM PENERAPAN OVERSEAS CITIZENSHIP OF INDIA (OCI) DALAM SISTEM KETATANEGARAAN INDONESIA." Legality : Jurnal Ilmiah Hukum 27, no. 2 (November 6, 2019): 205. http://dx.doi.org/10.22219/jihl.v27i2.10158.
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The idea of implementing a dual citizenship system in Indonesia which was initiated by the Indonesian Diaspora was directed towards imitating the Overseas Citizenship Of India (OCI) concept in India. The concept is considered a middle way between the demands of the Indian Diaspora and the reluctance of the Indian Government to amend the constitution regarding the principle of single citizenship. Indonesia also currently applies a single citizenship principle even though it is not regulated in the constitution. The idea of an Indonesian diaspora to emulate the OCI concept in India looks very rational, except that the problem is the extent to which the concept is applicable in the Indonesian constitutional system. What rules must be changed and which provisions must adjust. Implications of the application of OCI can be the same as dual citizenship, because the theory used is a residual theory where, apart from the prescribed restrictions, OCI card holders must be considered equal to Indonesian citizens. This concept has the potential to create legal complexity if there is a legal difference between Indonesia and other countries.
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Rathi K. N. and Yamuna Devi V. "Indian Constitutional Framework for Commerce and Its Awareness Among Commerce Students." Legal Research Development: An International Refereed e-Journal 1, no. III (March 30, 2017): 23–30. http://dx.doi.org/10.53724/lrd/v1n3.03.
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The Constitution of India is the supreme law of India. It is a living document, the permanent instrument which makes the government system work. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles and the duties of the citizens. The awareness of the constitutional provisions among the citizens of our country is very essential since, it makes the individuals more responsible towards the country. The Indian Constitutional Framework for Commerce deals with the provisions and regulations related to trade, commerce and intercourse within the territory of India. Awareness of such constitutional provisions among the commerce students have been tested by the investigators. For the purpose of the study, the investigators used both primary and secondary data. An awareness test has been conducted in order to test the awareness of the students related to the Indian Constitutional Framework for Commerce.
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Lerner, Hanna. "Permissive Constitutions, Democracy, and Religious Freedom in India, Indonesia, Israel, and Turkey." World Politics 65, no. 4 (October 2013): 609–55. http://dx.doi.org/10.1017/s0043887113000208.
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The article addresses the question of what role formal constitutions play in mitigating intense conflicts over the religious character of the state. In contrast to common views in constitutional and political scholarship, it demonstrates that the ideal of liberal constitutionalism is not compatible with the political reality and types of conflicts that characterize religiously divided societies. Analyzing four processes of constitution drafting in which issues of religious law and religious identity were at the heart of the debate—India, Indonesia, Israel, and Turkey—it argues that under deep disagreement over the state's religious character, the drafters adopt either a permissive or a restrictive constitutional approach. While the former implies strategies of constitutional ambiguity, ambivalence, and avoidance in order to allow the political system greater flexibility in future decision making on religion-state relations, the latter approach uses repressive constitutional constraints designed to limit the range of possibilities available to future decision makers. The article further explores the long-term consequences of the two approaches and argues that (1) permissive constitutional arrangements, more than restrictive arrangements, are likely to promote the democratic functioning of future governments; and that (2) permissive constitutional arrangements may facilitate greater freedom of religion, but they are also likely to lead to greater restrictions on freedom from religion, compared with restrictive constitutions.
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Rautenbach, Christa. "Muslim personal law and the meaning of "law" in the South African and Indian constitutions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 2, no. 2 (July 10, 2017): 50. http://dx.doi.org/10.17159/1727-3781/1999/v2i2a2895.
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The Muslim population of South Africa follows a practice which may be referred to asMuslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages) should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of"law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are compared to those of the 1996 Constitution of South Africa.
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Forsyth, Christopher. "Human Rights in India: Historical, Social and Political Perspectives. Edited by Chiranjivi J. Nirmal. [New Delhi: Oxford University Press. 1999. xxxvi, 269, (Bibliography) 18, (Annexures) 34, and (Index) 6 pp. Hardback £12.99 net. ISBN 1–972–87055–4.] Datar on Constitution of India. By Arvind P. Datar. [Nagpur: Wadhwa & Co. 2001. cxxxiii, 1401, (Appendices) 180, and (Index) 92 pp. Hardback £75.00 net. ISBN 0–19–564597–9.]." Cambridge Law Journal 61, no. 2 (June 24, 2002): 463–92. http://dx.doi.org/10.1017/s0008197302461697.
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The Constitution of India is a mammoth instrument—the largest Constitution in the world—with 395 articles, 12 Schedules and 83 amendments. Accounts of the constitutional law of India are thus inevitably very large. The late H.M. Seervai’s multi-volume Constitution of India (4th edn., 1993) is well known and rightly described as “monumental”. But now a new work is making its presence felt. Arvind Datar originally intended to write no more than a Student’s Edition of Seervai. But Seervai refused permission for this project, taking the view, probably with justice, that his work could not be summarised. So Datar decided to write an article by article commentary of the Constitution and Datar on Constitution of India is the result. The resulting book is monumental in its own right. It deals exhaustively with each of the articles of the constitution. The author makes it plain that he could have written a much longer book in that he refers only to decisions of the Supreme Court of India. Only where the Supreme Court has been silent does he refer to relevant decisions of the several state High Courts. None the less, his approach is commendably comparative. The Constitution of the United States is often referred to (and it is in fact reproduced in an appendix) as are decisions of the US Supreme Court. But the work as a whole shows that “Not the Potomac, but the Thames, fertilises the flow of the Yamuna” (Krishna Iyer J. in Samsher Singh v. Union of India AIR 1974 SC 2192 at 2212 cited by Datar on p. 396).
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Dr. Karim Haider Syed and Dr. Imran Khan. "Articles 370 and 371 of the Indian Constitution in the Context of Kashmir." sjesr 4, no. 1 (March 6, 2021): 286–94. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(286-294).
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Occupied Jammu and Kashmir is not the only state in the Indian constitution with special status but in addition to Article 370, there is also an Article 371 in the Indian Constitution which has 10 sub-clauses that give special status to other 9 states and territories. The nature of relations of these states is explained in these clauses of article 371 which is very helpful to understand article 370 of the Indian constitution. As far as Kashmir and Article 370 are concerned, the Indian government of Narendra Modi has axed the Indian position itself as all other states with constitutional guarantees are suspicious about their future in the Indian union. By repealing Article 370, Indian Prime Minister Narendra Modi has brought to an end the false or true annexation of Kashmir with India. Thus, if there was any annexation of Kashmir with India, Indian Prime Minister Narendra Modi had cut down that relation on 5 August 2019. Article 370 is not a myth, it is a historical fact as Article 370 specifies that apart from Foreign Affairs, Defense, Communications and subsidiary matters (matters that were specified in the Instrument of Accession to India), in all other matters and subjects Parliament of India needs the approval of assembly of the people of Kashmir. Thus, Kashmir residents lived under a distinct set of laws, together with those linked to fundamental rights, citizenship, and ownership of property as compared to other citizens of India. Occupied Jammu and Kashmir were the only states to be stripped of its status of special unite of Indian federation. As of August 5, 2019, India had 29 states in principle, but with the repeal of Article 370, there are now 28 states. Prime Minister Narendra Modi’s actions regarding Occupied Jammu and Kashmir have raised concerns in these 28 states especially the states with special status like Kashmir. These concerns and reservations will sow the seeds of insincerity in the Indian Union. Expressing concern over national security, the Indian Home Ministry spokesman said separatist activities were on the rise in 200 of the country's 600 districts. Not only separatist movements but racial conflicts and caste disputes have increased after the August 5 action in Kashmir. The main reason for this unrest in India is that the states with special status under article 370 and 371 have started to ponder the federation of India as a union that is established through a system of repression. In the intellectual circles, these development are not normal as intellectuals of India are not happy with the approach of Indian Prime Minister Narendra Modi as they are taking it dangerous for the federation of India that will be left with no confidence of the federating unite.
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Sathiaseelan, Rathivaani, and Anusha Aurasu. "Joseph Shine v Union of India: Farewell to a Victorian-Era Adultery Law." Asian Journal of Law and Policy 3, no. 1 (January 31, 2023): 39–47. http://dx.doi.org/10.33093/ajlp.2023.3.
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This case commentary critically analyses the rationale behind the decision made by the Indian Supreme Court in the case of Joseph Shine v Union of India [2018] Indlaw 899 (SC). The constitutionality of section 497 of the Indian Penal Code and section 198(2) of the Code of Criminal Procedure, which criminalise adultery, was challenged in this case. Being well aware that this case was a call made due to societal changes, the Supreme Court was prepared to adopt a liberal interpretation of the Indian Constitution. However, it had to face the sea of precedents flowing in the opposite direction of the societal changes. The Supreme Court, in dealing with these archaic provisions had carefully scrutinized Articles 14, 15 and 21 of the Indian Constitution to declare that the impugned provisions have long outlived their purpose and do not fit within today’s constitutional morality. This case is definitely one of the significant decisions made in the history of Indian law as it portrayed the Supreme Court’s bold move in finally bidding farewell to a Victorian-era law. As a result, adultery is no longer a crime in today’s India and this decision is the reason behind it.
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Dr. Ram Charan Meena. "International Treaties And Law Of Environment In India: An Overview." Research Ambition: An International Multidisciplinary e-Journal 6, no. II (August 21, 2021): 27–35. http://dx.doi.org/10.53724/ambition/v6n2.05.
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To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and internationally. Under the structure of the Indian Constitution, a number of Articles are enumerated in which environmental duties to preserve the natural resources of the country have been stated like Articles 48–A and 51–A[g]. Additionally, the Constitution also provides procedures in Articles 252 and 253 for adopting national legislations in regard to the needs of the States. The constitutional mandates and other environmental laws or regulations in India effective, successful and urgent need to streamline enforcement. The creative and innovative role of Indian Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. In this research paper, an effort has been made to momentarily outline the various Indian legislations and international treaties relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement, scope and limit of these legislations has also been critically examined and evaluated in systematically manner. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.
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Ajit Kumar. "Legal and Constitutional Concept of Human Rights." Knowledgeable Research: A Multidisciplinary Journal 1, no. 10 (May 31, 2023): 52–67. http://dx.doi.org/10.57067/kr.v1i10.84.
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The concept of human rights is very broad. It cannot be bound by any limit, it is inherent in every constitution of the world. Human rights originated in England. The history of human rights began in the field of internal law at the time of the Magna Carta. The Petition of Rights was passed in 1628 on the basis of the Magna Carta. Later, in 1688, the Declaration of Rights was passed, which was understood as the modern Declaration of Human Rights, it was greatly influenced by the French Revolution and the American Constitution. Human rights practice is long enough. Human rights were created in the 18th century by the American and French revolutions. Most modern constitutions incorporate formal declarations of rights by adopting the influence of France and America. In 1789, the National Assembly of France adopted the American Declaration of Rights as one of the initial constitutional amendments and incorporated it into the constitution.In 1789, the National Assembly of France adopted the American Declaration of Rights as one of the initial constitutional amendments and incorporated it into the constitution. or gone Part III deals with the rights recognized as fundamental rights under the Constitution of India and Part IV discusses the extent to which human rights are protected by national institutions.
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Amir, Shamaila, and Fayyaz Ahmad. "Constitutional Development and Political (in) stability of Pakistan: An Analysis Since Inception of Pakistan till 2018." RMC Journal of Social Sciences and Humanities 1, no. 3 (December 2, 2020): 14–20. http://dx.doi.org/10.46256/rmcjsochum.v1i3.38.
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The paper attempts to study constitutional development in Pakistan in relation to the political instability or stability of the country. Analysis of the secondary data qualitatively revealed that the country suffered much due to political instability which was a result of the non-development and non-availability of the constitution. As the constitution provides a set of rules for people of a state who agree to live together and it is the basic set of principles through which a state is governed, the newly established state of Pakistan initially adopted the 1935 India Act to run the affairs. The process to frame a fresh constitution started after the transitory of Objectives Resolution in 1949 while Islamic and democratic values were considered as foundations to formulate a constitution for Pakistan. Three constitutions in 1956, 1962, and 1973 were framed in order to maintain political stability and to govern the state. Pakistan in its 72 years of age was governed by 49 Heads of State or Heads of Department including five military dictators (Naz, 2019). Only during the early eleven years, twelve Heads of State or Heads of Departments administered the oath to run the government. Two Prime Ministers were assassinated and one was hanged while two sitting Prime Ministers were declared disqualified by the court. East Pakistan was separated due to political instability and eight times constitutional assemblies were dissolved (Obaidullah, 2020). Several times, the Constitutions were abrogated or suspended and federalism was lacking in the country that also resulted in political instability. It is only since the last decade, political stability is emerging due to prevailing, implementing, development, and intactness of the Constitution.
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Ram Mohan, M. P., and Shashi Kant Yadav. "The Oil and Gas Sector in India: Balancing Business Policies and Public Interest by the Supreme Court of India." Global Energy Law and Sustainability 2, no. 1 (February 2021): 1–21. http://dx.doi.org/10.3366/gels.2021.0045.
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Indian authorities have formulated and implemented several policies for exploration, production, refining, transportation, and distribution of its Oil & Gas (O&G) resources. With respect to governance of O&G industry, though, the Indian Constitution envisions larger role of Central government, however, the legislative power, over O&G resources, has been in contention between Centre and States over the past seven decades. Moreover, the legislative power of the central government over O&G resources is subject to ‘public interest’ ensuring that the resources are regulated for common good. The interaction between business policies and public interest, and law-making power between Centre and States have been subject to the Supreme Court's (Court's) review covering the constitutional aspects of O&G sector. These constitutional decisions determined the energy progression in India, especially understanding the ‘shape and form’ of energy justice in India. The paper analyses the role of the Supreme Court of India in balancing public interest and business policies through mapping of all the constitutional cases and also important administrative matters, consecutively laying down the foundation of distributive energy justice in India.
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Imam, Md Altamash. "Reservation Policy and Social Justice in India: A Constitutional Perspective." RESEARCH REVIEW International Journal of Multidisciplinary 9, no. 2 (February 15, 2024): 144–51. http://dx.doi.org/10.31305/rrijm.2024.v09.n02.016.
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Reservation, as a significant policy, has been employed to address historical inequalities and uplift marginalised communities. This paper explores the relationship between reservation policies and social justice in India. It examines the theoretical concepts of social justice and analyses the Indian Constitution's approach to equality and affirmative action. It also delves into the role of reservation as a tool for achieving social justice. The study examines how the Indian Constitution adopts a multifaceted approach to social justice. The study argues that reservation policies play a crucial role in achieving social justice by rectifying historical discrimination.
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Desk, Editorial. "Preserving Indian Languages and Ancient Scripts through Language Documentation and Digital Archiving." DESIDOC Journal of Library & Information Technology 40, no. 05 (November 4, 2020): 265–67. http://dx.doi.org/10.14429/djlit.40.05.16441.
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Unity in diversity is one of the most distinctive features of Indian civilization. From Jammu & Kashmir to Kanyakumari, every region portrays different customs, cultural traditions, and mother tongues. India is a country of multiple languages and ancient scripts. According to the 2011 census report, 1950 mother tongues were spoken/in use in India. Under Article 344 of the Indian Constitution, only 15 languages were initially recognized as the official language. The 21st Constitution Amendment gave Sindhi the official language status. Based on the 71st Constitution Amendment, the Nepali, Konkani, and Manipuri languages were also included in the above list. Later, by the 92nd Constitution Amendment Act, 2003, four new languages Bodo, Dogri, Maithili, and Santhali, were included in the Eighth Schedule of the Constitution. Thus, now 22 languages have been given the status of official language in the Indian Constitution. The total number of people speaking these 22 languages in India is 90%. Apart from these 22 languages, English is also the official language and is also the official language of Mizoram, Nagaland, and Meghalaya. In all, 60 languages are being taught in schools in India.
There was an excellent response to the call for papers for Special Issue on Language Documentation and Archiving of DESIDOC Journal of Library and Information Technology (DJLIT). A total of about 13 Papers were received for the special issue. Based on the review and relevancy of the particular theme, seven papers have been selected for publication in the special issue on Language Documentation and Archiving.
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Akanksha Chaudhary. "Reflection on Indian and Australian Constitutionalism." Legal Research Development 6, no. IV (June 30, 2022): 03–09. http://dx.doi.org/10.53724/lrd/v6n4.03.
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Every country has its own Constitution but it does not imply that Constitutionalism is also flourishing there. The term constitution and constitutionalism reflects two different meaning. As per the scholars, Constitution entrusted with it the written and unwritten principles, which regulate the administration within a nation. On the other hand, ‘Constitutionalism’ refers to those values, ideas and principles that govern the government organs while performing their function and exercising their powers. These values are so inherent, that without which the spirit of constitution cannot be follows. In the general sense constitutionalism refers a government with limited power and it is antithesis of arbitrariness. Professor Gerhard Casper recognized the descriptive and prescriptive usage of constitutionalism. In descriptive sense it often associated with struggle by historians for acknowledgment of common people’s “right to consent” in constitution and establishment of state institutions as crucial aspect of constitution, and In prescriptive approach it concern with functioning of state functionaries in such a manner that it ensures compliance with constitutional spirit. Therefore, constitutionalism describes both source of power and limitation on that power. Once both India and Australia were British colonies, but after the independence, they adopted their own constitution, which has started to work in its own way. India has a unique experience with regard to constitutionalism. It has excellent administrative structure but excessive bureaucratization, pluralistic society and local politics, which often raise a question on constitutionalism. On the other hand Australian constitution emphasis on institutional arrangements for the purpose of protection of rights and it incorporates sufficient safeguards, which ensure collective decision making by politician. The object of the paper is to provide a comparative analysis of Indian and Australian constitutionalism that will be useful to utilize the experiences of one country to promote the constitutionalism. In this paper, firstly researcher discusses the concept of constitutionalism in India and Australia. Researcher attempted to explore that how the concept of constitutionalism is work and at what extent this concept is undermined in both the countries.
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Ashish Verma. "Law Of Environment In India: Problems And Challenges In Its Enforcement." Research Ambition: An International Multidisciplinary e-Journal 6, no. II (August 20, 2021): 17–26. http://dx.doi.org/10.53724/ambition/v6n2.04.
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There is no deficiency of available legislations on environmental protection in India but enforcement of these legislations has been far from satisfactory. There is urgent need for the effective, successful and well–organized enforcement of the Constitutional mandate and other environmental legislations or laws in India. The creative and innovative role of India Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. Pursuant to the provisions contained in Articles 48–A and 51–A[h] of the Indian Constitution, various Public Interest Litigations have been instituted in the Supreme Court against several industries for failing to provide sufficient pollution control and also against Pollution Control Boards to direct them to take proper measures to ensure pollution control in Indian perspective. For the purpose of effective, successful and well–organized enforcement of these legislations, it is required to set up an Adjucatory Body in each State in India, which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.
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Jain, Anmol. "DEMOCRATIC DECAY IN INDIA: WEAPONISING THE CONSTITUTION TO CURB PARLIAMENTARY DELIBERATION." National Law School of India Review 34, no. 1 (2022): 247–75. http://dx.doi.org/10.55496/yygd3901.
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The scholarship on the practice of abusive constitutionalism or autocratic legalism has shown how autocrats nowadays use tools of constitutional or legal changes to establish their authoritarian projects. This paper is an attempt to expand this idea. It studies the approach to law-making of the current NDA government in India and argues that autocrats need not even bringing any overt constitutional or legal change if they could manoeuver within the existing constitutional framework. It shows that since the Government was elected to power in 2014, it has employed several constitutionally permitted tools to curb parliamentary deliberation in the law-making process. These tools have enabled the Government to neutralise Parliament, overpower the balanced relationship between the legislature and the executive, and undermine the republican aspect of the Indian democracy, all the while remaining within the bounds of the Constitution. This paper documents three tools employed by the government– the ordinance-making power, the anti-defection law, and the powers of the chair – which have contributed significantly to the incremental establishment of authoritarian rule in India.
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Bhatia, Gautam. "Case Comment: Navtej Singh Johar v. Union of India: The Indian Supreme Court’s Decriminalization of Same-Sex Relations." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 218–33. http://dx.doi.org/10.1163/18757413_022001010.
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The Indian Supreme Court’s judgment in Navtej Singh Johar, delivered in September 2018, decriminalizing same-sex relations in India, generated a storm of discussion and debate, in both India and in the world beyond. Apart from its clear and sharp verdict that held that the Indian Constitution protected the rights of the LGBTQ+ community, the decision was also noteworthy because it reversed the Court’s own prior judgment, delivered a mere five years before (in 2013), that had upheld the constitutional validity of the law that penalized same-sex relations. In this case comment, we set out the chronology of judicial decisions that led to the final judgment in Navtej Singh Johar: the judgment of the High Court of Delhi in 2009, which first decriminalized same-sex relations, the 2013 judgment of the Indian Supreme Court that reversed it, and the various judicial proceedings that continued to rumble on in the Court—an additional round known as the ‘curative hearing’, and separate litigation on the constitutional status of the right to privacy. Within this context, the paper then discusses the multiple opinions that were delivered by the Bench in Navtej Singh Johar, and examines the reasons on the basis of which the Court held that Section 377 of the Indian Penal Code—insofar as it criminalized same-sex relations between consenting adults—violated the fundamental rights to equality, nondiscrimination, freedom of expression, and life and personal liberty, guaranteed by the Constitution of India. The article will conclude by setting out some possibilities for the way forward, in light of the judgment.
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Dwivedi, Richa, and Abhinav Shrivastava. "Article 282 and Centrally Sponsored Schemes: Implications on Fiscal Federalism in India." YMER Digital 21, no. 01 (January 19, 2022): 350–60. http://dx.doi.org/10.37896/ymer21.01/33.
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India is a quasi-federal country which implies that on one hand when the States require autonomy and flexibility in working, on other hand it also required an interdependence between the Centre and the state, thereby giving birth to the idea of cooperative federalism. The constitution of India has clearly given a framework demarcating the power, functions and responsibilities of each level of government and there are a few provisions which aim at cooperative federalism. Article 282 of the Indian Constitution is one such provision which empowers both the Centre as well as the State to provide grants for public purpose. The paper seeks to examine the issues and challenges faced by the fiscal federalism in India. The paper also delves into the constitutional provision to understand and identify the use of Article 282. The current debate with respect to the state autonomy in matters of finances and prioritizing the need of the states compel the analysis of Article 282 with reference to the Centrally Sponsored Schemes (CSS). The paper thus aims to give a comprehensive analysis of Article 282 and its use and implications on fiscal federalism in India.
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Bhandari, Bhavya. "Basic Structure in the Constitution of India." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 899–903. http://dx.doi.org/10.31142/ijtsrd16994.
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Choudhary, Vikas K. "The Idea of Religious Minorities and Social Cohesion in India’s Constitution: Reflections on the Indian Experience." Religions 12, no. 11 (October 21, 2021): 910. http://dx.doi.org/10.3390/rel12110910.
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India has many religious groups, of which Hindus are a majority, and Muslims, Christians, Sikhs, Buddhists and Jains are minorities. India’s Constitution, adopted in 1950, departed from the existing norms of secularism in Europe and elsewhere, which suggested a strict separation of religion and state. Moreover, freedom of religion is a Fundamental Right guaranteed under the Indian Constitution. With its distinct model of secularism and special provisions for religious minorities, India’s social cohesion arrangement needs special attention. On one hand, the distinct understanding of secularism in the Indian context has led to the advancement of religious pluralism. At the same time, it has invited criticism for selective intervention in the affairs of religious communities from governments in power. The selective intervention has challenged the exclusivity of Indian secularism. This article evaluates the constitutional and theoretical ideas underlying provisions on religious minorities and freedom of religion enshrined in the Indian Constitution. It appraises the idea of religious minorities enshrined in the constitution through a discussion of the process that shaped the idea. The article reflects on the Indian experience of managing the rights of religious minorities and freedom of religion. By analysing a landmark judgement related to freedom of religion and the rights of religious minorities, the article evaluates whether the Indian Constitution advances a model of social cohesion by balancing freedom of religion and the rights of religious minorities or remains ineffective in achieving the same.
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Rahman, Talha Abdul. "Identifying the ‘Outsider’: An Assessment of Foreigner Tribunals in the Indian State of Assam." Statelessness & Citizenship Review 2, no. 1 (June 29, 2020): 112–37. http://dx.doi.org/10.35715/scr2001.117.
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The State of Assam in the Union of India has a peculiar history of the movement of people from across India’s international borders into Assam. There is no credible way to arrive at specific numbers. Arrival of people in Assam has become a point that has been abused by those in power to utilise local sentiments regarding the dilution of ‘Assamese culture’. This article briefly discusses the timelines leading up to the preparation of the Assam’s National Register of Citizens that presently excludes approximately 1.9 million residents. The citizenship status of those excluded is to be determined by Foreigners Tribunals (‘FT’) functioning under the Foreigners Act, 1946 — a post-Second World War and pre-Constitution legislation whose validity is also in doubt. This article examines the Foreigners Act, 1946, as well as the constitution and performance of the FTs with reference to the yardsticks of the rule of law and constitutional values. Towards this end, the article analyses the law discernible from the judgments of the Indian Courts as well as some judgments of the Assam High Court and the FTs. It concludes by stating that the framework of adjudication by FTs is not able to keep up with the promise of effective adjudication under the Constitution of India. It calls for an urgent need for academic scrutiny of all aspects of the citizenship verification process in India.
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Ratha, Keshab Chandra. "Interpreting Citizenship Amendment Act: Its Content and Context." Indian Journal of Public Administration 67, no. 4 (December 2021): 559–72. http://dx.doi.org/10.1177/00195561211056411.
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India is endowed with a proud history of inclusive government and religious tolerance. Indian citizenship has always been firmly rooted in the country’s constitution, which lays priority on equality, regardless of gender, caste, religion, class, community or language. Attaching citizenship rights to religious affiliation runs counter to the letter and spirit of India’s Constitution and constitutional morality. The major thrust of the present article is to project government’s stance on the Citizenship Amendment Act, 2019, constitutional provisions in relation to the Act, thematic arguments of critics and constitutional experts on the matter, multifarious challenges ahead in respect of its implementation, by establishing the fact that any measure taken must remain in conformity with international norms and values and necessity of amending the law to do away with the arbitrary selection of countries and religious groups so that the current agitation can be easily tranquilised.