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Journal of Constitutional and Parliamentary Studies

Published in Association with Institute of Constitutional and Parliamentary Studies

Current Volume: 57 (2023 )

ISSN: 0022-0043

Periodicity: Quarterly

Month(s) of Publication: March, June, September & December

Subject: Political Science

200

The ‘Journal of Constitutional and Parliamentary Studies’ is a peer reviewed and refereed journal; contributions received for consideration for publication are reviewed by domain experts nominated on the Board of Reviewers.

The journal is intended to serve as an international forum to discuss the problems, processes and prospects of parliamentary democracy and legislative institutions in India and abroad and become a vehicle of advanced and specialized studies in comparative constitutional law and parliamentary procedures. The journal is not committed to any particular political ideology or party. It provides an objective and independent forum for expression of diverse viewpoints and perspectives.

Contributions for the journal are invited from persons belonging to different walks of life: legislators, jurists, political scientists, academicians and lawyers. Contributions should be sent through e-mail at 'journals-icps@sansad.nic.in'. A uniform pattern of footnotes as per Chicago style of referencing should be followed. Contributions simultaneously sent for publication elsewhere will not be entertained. Contributors must send the plagiarism check (similarity index) report generated by Turnitin software along with the manuscript. Manuscripts having similarity index as per the extant regulations will be accepted.
 

EBSCO

Editor -in -chief
Shri Neeraj Semwal

Managing Editor
Dr. Seema Kaul Singh

Editor
Dr. Ravindra Singh

Members
Professor Sushma Yadav

Member, UGC and Pro Vice Chancellor,
Central University of Haryana, Mahendragarh, Haryana


Professor Shri Prakash Singh

Professor of Political Science and Director, South Campus,
University of Delhi, Delhi


Professor Amarpal Singh

Vice-Chancellor,
Dr. Ram Manohar Lohiya
National Law University, Lucknow, Uttar Pradesh


Volume 57 Issue 3-4 , (Jul-2023 to Dec-2023)

Editor’s Note

By: ..

Page No : i-ii

Read Now

Constitutionally Limited Positive Law and its Operation in Indian Polity

By: D.P. Lalwani

Page No : 289-317

Abstract
The Constitution of India, framed by the Constituent Assembly of India, was brought into force on January 26, 1950. In this Constitution the rule of law, as ideally understood, is not incorporated. What is incorporated is constitutionally limited positive law. The Supreme Court has held that rule of law is a basic feature of the Constitution. It is the constitutionally limited positive law that is the basic feature of the Constitution. There are hurdles in operation of this rule of law. The process of constituting Parliament by elections and its composition are not conducive to the performance of job by the persons endowed with the institutional powers. Even the process of election of the President and of formation of the President and the Council of Ministers is not suitable to enable them to perform their duties. Due to moral deficiency the performance of rulers and ruled also is gloomy. The judiciary has tried to seek compliance with the constitutionally limited positive law and to improve it but it has limitations. Therefore, the constitutionally limited positive law is not serving its purpose. Efforts are to be made to make the constitutionally limited positive law to answer the ideal concept of rule of law.

Author :
D.P. Lalwani: Advocate, 227, Jaripatka, Nagpur.
 

Price: 101

Universal Access to Education in India: Problems and Prospects

By: M. Asad Malik , Ram Kumar

Page No : 318-338

Abstract
Education is a powerful weapon of social empowerment and effective mode of restoring self esteem. The purpose of education is to unlock the immense potentiality in the human resource of the nation. While the State is obligated to provide the education to all, many a time, the economic deprivation causes hurdles to access education for people without adequate resources. Though, in India welfare of the people has always been an actionable item in the agenda of the governments – from allocation of a portion of gross domestic product for education to making ‘right to education’ a fundamental right – and several efforts have been made by the governments, still education is not accessible to all due to various socio-economic reasons. This article discusses the status of education in India and role of law in making education accessible to all. Article will also focus on various programmes and policies of the government related to education along with the problems associated with the implementation of the Right of Children to Free and Compulsory Education Act, 2009. The article also endeavours to comprehend the shortcomings of our present education system and on the bases thereof some strategies and alternatives, which should be adopted for making education universally accessible in India, have been suggested.
 

Authors :
M. Asad Malik: Professor, Faculty of Law, Jamia Millia Islamia, New Delhi.
Ram Kumar: Deputy Legal Advisor, SIDBI, New Delhi.

Price: 101

Justice Delivery System in India: Addressing Delays and Pendency of Cases in Civil Cases

By: Anupama Goel , Somiya Joshi

Page No : 339-366

Abstract
India has an illustrious history of legal system. However, the judicial and legal system is currently plagued due to huge amount of pendency of cases of civil and criminal nature in the courts at all levels and there are various reasons for this mounting pendency of cases. There have been numerous efforts to address the issue and to remove the backlog of cases and secure expeditious delivery of justice. Besides analysing the status of pendency of cases in civil matters, the existing mechanism for civil judicial system, and the issues/ challenges in this system, the present paper discusses the initiatives already adopted to resolve the problem. However, the fact that there has not been appreciable improvement in the situation with the result that the litigants have been languishing in courts waiting for justice for years together necessitates that the issue ought to be addressed from a different perspective and present paper is an endeavour in that direction. This paper attempts to explore how some of the tenets of ancient judicial system could be potentially used to address the issue.

Authors :
Anupama Goel: Professor of Law, National Law University of Delhi, Dwarka, New Delhi.
Somiya Joshi: Research Associate (ICSSR Project), National Law University of Delhi, Dwarka, New Delhi.

Price: 101

Judicial Review as an Instrument of Political Stability: Indo-American Saga

By: Kriti Johri

Page No : 367-384

Abstract
Doctrine of judicial review though has been subject of doctrinal and empirical research in all jurisdictions, its exercise in manner that maintains political stability in a democratic system solicits scholarly attention. In this article, author commences by establishing conceptual relation between judicial review and political stability, followed by case law based examination of instances wherein by virtue of judicial review power, constitutional courts through various precedents have nurtured an environment conducive to promote and maintain political stability both in India and USA. Further, this article has unraveled various indicators of political stability and examined case laws in both countries that have reinforced the same. American experience has been traced through prominent case laws from the time of Marbury’s decision to the recent decision of the Supreme Court in Trump’s case. Whereas Indian saga has been discussed from A.K. Gopalan’s case onwards as part of instances where courts judiciously upheld implied restraint on powers of executive, followed by case laws where political stability has been preserved by invoking democratic principles, welfare reforms, and constitutional morality principally.

Author:
Kriti Johri: Assistant Professor, MAIMS, GGSIP University, Delhi and PhD Scholar, National Law University, Jodhpur.

Price: 101

The Places of Worship (Special Provisions) Act, 1991: Emerging Issues

By: Bipin Kumar Thakur

Page No : 385-402

Abstract
The Places of Worship (Special Provisions) Act, 1991 locks the religious identity of any place of worship as it existed on August 15, 1947. One of the main objectives of the Act is to prohibit the controversies arising from time to time with regard to conversion of places of worship. The Act bars any suit in a court of law seeking to change the status of any place of worship and thereby to restrain the demands for such conversions. The courts have allowed some suits seeking to ascertain the original character of the disputed religious structure on the basis of scientific survey. While hearing a plea challenging the maintainability of such suits, the apex court observed that f inding the nature of the religious place was not barred under the 1991 Act. Yet logically, ascertainment of original character of a religious place on the basis of scientific survey may be an antecedent that will eventually fillip the restoration of original character of the said place of worship. Thus, an anomalous situation appears to have arisen, which needs to be addressed. Perhaps it requires the Parliament to take appropriate action on the matter, including revisiting the Act, if so required.

Author:
Bipin Kumar Thakur: Professor, Department of Political Science, Sri Guru Tegh Bahadur Khalsa College, University of Delhi, Delhi.

Price: 101

Dissecting India’s Evolving Role in Soft Power Through Cultural Diplomacy: From the Prism of Group of Twenty (G20)

By: Divya Rani , Rippy Das

Page No : 403-422

Abstract
The field of cultural diplomacy, which is prominent in contemporary cultural policy and debate, has received scant attention from the cultural disciplines. In recent years, there has been growing emphasis on soft power, particularly cultural diplomacy, and its application to international policy. For thousands of years, India has exerted enormous cultural and civilisational influence on the rest of world. Despite India’s historic cultural influence, recent leader emphasis diaspora, cosmopolitan values, and traditions like Yoga through official campaigns. This study outlines the terms under which it has undertaken these involvements. The study aims to distinguish between official cultural diplomacy motivated by interests and ideal driven cultural relations, which are primarily carried out by non-State actors. Secondly, to investigate the notion of ‘Soft Power’ and acquire a deeper comprehensive of the way current discourses on cultural diplomacy and cultural relations operate within the contexts of India. The G20 is a crucial forum for advancing international economic cooperation and tackling global economic difficulties. The G20 is an organisation founded on the idea of worldwide governance and the requirement for cooperation among States to handle global challenges. India’s G20 presidency in 2023, was a crucial forum for global economic cooperation, presented an opportunity to enhance its global profile. This study examines India’s current cultural diplomacy, assessing its potential impact beyond national interest, especially within G20 perspective.
 

Authors:
Divya Rani: Assistant Professor, Department of Political Science, Banaras Hindu University, Varanasi (UP).
Rippy Das: Doctoral Candidate, Department of Political Science, Banaras Hindu University Varanasi (UP).

Price: 101

Equating Nature to Person: A Breakthrough in Earth Jurisprudence

By: Khushi Ruchandani , Madhukar Sharma

Page No : 423-439

Abstract
In the face of escalating environmental crises, the need to rethink our legal frameworks has never been more urgent. This paper delves into Earth jurisprudence, a revolutionary field of law that advocates for granting legal rights to nature itself. Moving beyond the limited scope of anthropocentric sustainable development, this study argues for an eco-centric paradigm that acknowledges the intrinsic value of all ecosystems. By examining global trends and focusing on India’s innovative approaches, the paper presents a compelling case for embedding the ‘rights of nature’ into constitutional and legislative frameworks. Highlighting the role of indigenous knowledge and the necessity for interdisciplinary efforts, the article underscores the critical need for a paradigm shift that respects and protects our planet. This article, thus, aims to inspire and drive the transformative changes needed for a legal system that truly harmonizes human activity with the rights of nature.

Authors:
Khushi Ruchandani: B.A.LL.B. (Hons. in Adjudication and Justicing), Maharashtra National Law University, Nagpur.
Madhukar Sharma: Assistant Professor of Political Science, Maharashtra National Law University, Nagpur.

Price: 101

Addressing Financial Imbalances in India: From ‘Special Category States’ to ‘Special Packages’

By: B. Muthu Kumar

Page No : 440-458

Abstract
With a view to address the needs of financially deprived states, conferment of ‘special category states’ status on such states was devised during the 1960s on the recommendations of the 5th Finance Commission of India. The ‘special category states’ status was conferred by the erstwhile National Development Council on the recommendations of the erstwhile Planning Commission on the basis of a criteria devised for the purpose. In view of the fact that the states conferred with this ‘status’ received substantially additional funds, more and more states started demanding its conferment, which, however, was technically not possible since it would have diluted the objective of this differential treatment. Accordingly, efforts were initiated to make the ‘special category states’ status less lucrative during early 2000s. Subsequently, a new mechanism of ‘Special packages’ has been evolved. The journey from ‘special category states’ to ‘Special packages’ in the context of Indian fiscal federalism has been explored in the article.

Author:
B. Muthu Kumar: Assistant Professor of Law, Government Law College, Ramanathapuram, Perungulam (P.O) Ramanathapuram.

Price: 101

Instruction to the Author

Guidelines for Contributors

Articles, addressed to the Editor of the journal, for publication in the journal are invited from persons belonging to different walks of life including legislators, jurists, political scientists, academicians, lawyers, etc. The contributions sent for publication in the journal should embody the results of original research giving evidence of scholarship. The contributors must adhere to the patterns of style and format being described below:

  • The contributions may be on any theme relating to the domain of the journal, viz. constitutional and parliamentary studies. References should be as per the Chicago Style and should be in the form of footnotes.
  • The contributions should be of approximately 5,000-6,000 words (not including notes and referencing) and must have an abstract not exceeding 200 words and 5 keywords.
  • The contributions should be typed in single space in the format of 10.5 point text single font -'Times New Roman' and preferably in ‘M.S. Word’ package in English.
  • A separate title page should contain the full title, the name(s) of the contributors and their full addresses and a running title of not more than 75 characters and spaces.
  • The contributions may be mailed to the Editor at ‘journals-icps@sansad.nic.in'. The contributors should indicate their official designation, if any, and contact details in the forwarding e-mail.
  • Contributions simultaneously sent for publication elsewhere, will not be entertained.
  • All contributions must accompany a statement by the contributor/s that the article including the data contained therein has not been wholly or partially published or sent for review to any other journal.
  • All contributions should accompany duly filled in and signed letter given overleaf.
  • Contributors must send the plagiarism check (similarity index) report generated by Turnitin software along with the article. Contributions having similarity index as per the extant regulations will be accepted.
  • Copyright of the contributions published vests in the Institute of Constitutional and Parliamentary Studies.
  • The contributors are required to furnish a declaration that provisions of The Copyright Act, 1957 as amended from time-to-time have been complied with and that the contributors shall be solely responsible for any issues arising out of copyright violations.

    Selection of Contributions
  • The journal is peer reviewed and refereed journal; contributions received for consideration for publication are reviewed by domain experts nominated on the Board of Reviewers. Board of Reviewers for the journal comprises of domain experts, professionals, and academicians of repute.
  • The Editorial Board takes a final decision on the contributions in the light of the recommendations of reviewers.

All correspondence related to contributions should be addressed to:
The Editor
Journal of Constitutional and Parliamentary Studies,
Institute of Constitutional and Parliamentary Studies,
18-21, Vithalbhai Patel House, Rafi Marg
New Delhi- 110001
E-mail: journals-icps@sansad.nic.in

 

To
The Editor
Journal of Constitutional and Parliamentary Studies
Institute of Constitutional and Parliamentary Studies
18-21, Vithalbhai Patel House, Rafi Marg
New Delhi- 110001

Subject:      Submission of Article for Consideration for Publication

Sir,

Please find attached soft copy of my/ our article entitled: “………………………………………………………….” for consideration for publication in the Journal of Constitutional and Parliamentary Studies.

I/ We undertake that:

  1. The article is my / our original research work and has not been submitted for publication anywhere else in full or in part.
  2. The work of others used in this article has been duly acknowledged and the citations have been given in the required format.
  3. The article is free from plagiarism and does not violate the principles of intellectual propriety right or copyright as per the latest legal norms and guidelines.

    Thanking you

                                 (Author-1)                         (Author-2)                         (Author-3)

Names:                        …………..                        ……………..                    ………………..
Signatures:                  …………..                        ……………..                    ………………..
E-mail Address:          …………..                        ……………..                    ………………..
Mobile No.                  …………..                        ……………..                    ………………..
Designation:                …………..                        ……………..                    ………………..
Address:                      ……………………….     ……………………….     ………………………

                                    ……………………….     ……………………….     ………………………
 

 

The ‘Journal of Constitutional and Parliamentary Studies’ is intended to serve as an international forum to discuss the problems, processes and prospects of parliamentary democracy and legislative institutions in India and abroad and become a vehicle of advanced and specialized studies in comparative constitutional law and parliamentary procedures. The journal is not committed to any particular political ideology or party. It provides an objective and independent forum for expression of diverse viewpoints and perspectives.
 

Introduction:

Contributions for the journal are invited from persons belonging to different walks of life: legislators, jurists, political scientists, academicians and lawyers. For ?Guidelines for Contributors? and other details about the journal, kindly refer ?ICPS Journals? at the Institute?s Website (https://loksabhadocs.nic.in/ICPS/). All communications including forwarding of soft copies of the articles along with certificate of originality, plagiarism report may be forwarded at journals-icps@sansad.nic.in.

Topics:

Constitution of India, Comparative Constitutions, Parliamentary Institutions and Procedures, Governance, Elections, Public Policy, etc.

Subject Covered:

Political Science and Law

Submit Your Article:

journals-icps@sansad.nic.in

Frequency:

Quarterly (March, June, September and December)

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