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
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 Member, UGC and Pro Vice Chancellor, Professor of Political Science and Director, South Campus, Vice-Chancellor,
Shri Neeraj Semwal
Managing Editor
Dr. Seema Kaul Singh
Editor
Dr. Ravindra Singh
Members
Professor Sushma Yadav
Central University of Haryana, Mahendragarh, Haryana
Professor Shri Prakash Singh
University of Delhi, Delhi
Professor Amarpal Singh
Dr. Ram Manohar Lohiya
National Law University, Lucknow, Uttar Pradesh
Volume 57 Issue 3-4 , (Jul-2023 to Dec-2023)
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
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
Jan- to Jun-2023
By: ..
Page No : i
Price: 101
Digital India: Power To Empower e-Governance and e-Parliament
By: Research Associates (Lok Sabha Secretariat)
Page No : 1-65
Abstract
Launched in 2015, Digital India programme aims to transform the country into a digitally empowered society and knowledge economy, ensuring digital access, inclusion and empowerment. Thus the programme has implications for the economy, society, government and administration, justice delivery system, etc. The present article studies the e-Governance aspect of the Digital India programme. After discussing the nine pillars of Digital India programme, the article explains the concept of e-Governance, the benefits accruing therefrom as also the various facets of e-Governance and narrates how e-Governance has significantly reduced government-citizen distance and enabled transparent, corruption-free service delivery to the beneficiaries. Various important government initiatives for e-Governance are also elaborated. Highlighting the requirements of paperless and smart parliament system, the Digital Parliament project has been discussed and the features of e-Office as adopted in Parliament are elucidated. The ambitious National e-Vidhan Application (NeVA) software designed to cater to the requirements not only of Parliament but also of legislative assemblies of the states/ UTs has been explained at length.
Price: 101
Digital India: Power To Empower Study of Select Sectors
By: Research Associates (Lok Sabha Secretariat)
Page No : 66-119
Abstract
The present article discusses the ‘Digital India’ programme launched in 2015 by the government, which aims to transform India into a digitally empowered society and knowledge economy. The article discusses how the programme has been transforming the lives of the citizens, has implications for crosssections of the society, and has been revolutionising India’s future. The article has analysed the implications of various initiatives undertaken under the Digital India programme for four sectors of economy, viz., infrastructure, telecommunication, health and agriculture.
Price: 101
Energy Transition in India: Promoting New Paradigm
By: Research Associates (Lok Sabha Secretariat)
Page No : 120-157
Abstract
The article elaborates how India has fulfilled the rapid increase in the demand of energy in various sectors over the years and how India is strategically planning to meet future demands. Article also delves on how, taking consideration of environmental impact of non-renewable resources of energy, India is focusing on shifting from non-renewable sources to renewable sources of energy specially wind and solar energy. Also, the prospects of green hydrogen as a potential energy source at a large scale have also been analysed. The government initiative of shifting towards electric vehicles has also been analysed and the FAME India scheme has been elaborated.
Price: 101
Startup India: New Era of Idea, Investment and Innovation
By: Research Associates (Lok Sabha Secretariat)
Page No : 158-211
Abstract
The article discusses the importance of startup in economic development of a country and discusses the government policy, initiatives and incentives towards developing an effective startup ecosystem. Government efforts to collaborate with other countries for providing assistance, exposure and opportunities to the startups in India are also highlighted. The status of startups in different states of the country has been discussed and the four preferred destinations of startups in the country along with the policies pursued by the respective governments are also elaborated. Article also discusses prominent unicorns and their contribution, the social and economic impacts of startups in India and the challenges faced by them.
Price: 101
Popularising Millets (Shree Anna): A Medium of Holistic Development and Global Well-Being
By: Research Associates (Lok Sabha Secretariat)
Page No : 212-253
Abstract
This article highlights the importance of millets in the present world scenario in general and for India in particular. While explaining the threefold benefits of millets – for farmers as drought resistance crop, consumers as nutritional diet, and the planet as a whole – the article points out why the millets are being called nutri-cereals. How millets can play a big role in nutritional security of India is also explained in the article. Describing the proactive role of Government of India to mainstream millets, initiatives taken up by India to do so and events organised, in India and outside, to popularise millets during the celebration of National Year of Millets 2018 and International Year of Millets (IYoM) 2023 are highlighted in detail in the article. Some of the inspiring stories of the common men, who have worked exceptionally to popularise and highlight the importance of millets, as case studies are covered to inspire others world over in the article. At the end, some of challenges which need to be considered while working on the task to make millets as part of daily diet of common men are also narrated.
Price: 101
Promoting Cultural Tourism: Unique Opportunity for India
By: Research Associates (Lok Sabha Secretariat)
Page No : 254-287
Absract
India, with its rich cultural heritage, is strategically positioned to leverage cultural tourism for economic and social development. As it assumes the G20 presidency from December 2022 to November 2023, India has a unique opportunity to showcase its cultural treasures globally. Cultural tourism, now on the G20 agenda, is recognised for its profound influence on economies, societies, and the environment. India’s cultural diversity, ancient traditions, and vibrant heritage have made it a prominent global tourist destination. Events like Kumbh Mela, Pushkar Mela, and Goa Carnival attract both domestic and international tourists. Policies and initiatives such as Visit India, Swadesh Darshan, and E-Visa programmes have played a pivotal role in promoting cultural tourism. Cultural tourism not only fosters economic growth but also empowers communities, particularly women, and aids in preserving cultural assets while contributing to the fight against climate change. Case studies, like the transformation of a village in West Bengal into a cultural tourism destination, highlight the potential for sustainable development through cultural tourism. To harness its potential in cultural tourism, India should emphasise sustainable tourism practices, ecotourism, and comprehensive training for those involved in the tourism sector. This approach will align with global priorities and foster inclusive development.
Price: 101
Jan- to Jun-2022
By: ..
Page No : i
Juristic Concepts of Ancient Indian Polity : Constitutional Theory
By: Nagendra Singh
Page No : 1-25
Abstract
In this article,# the author traces the origin and objective of the State during Vedic and imperial times in ancient India. The author also discusses the functions that the State had to perform as soon as order was restored from chaos and anarchy and the State was born in ancient India. According to the author, danda or force was the central pivot of the theory of the State, but it was strictly restricted and regularized by that of dharma or divine law and hence the author concludes that the ancient State, though stipulated a sanction to prop the authority of the State, was in no sense a military dictatorship. Illustrating the factors limiting the authority of the king during ancient India, the author explains the overall supremacy of dharma and elucidates how the king, who was the embodiment of danda, was destroyed if he acted contrary to the known laws of dharmashastras. The author explains how the State in ancient India was considered a living entity and was comparable with the human body as also with the trees. The author also undertakes a comparison between the elements of modern nation State and those of the State in ancient India.
Author :
Nagendra Singh : The then former President, International Court of Justice, The Hague.
Price: 101
Juristic Concepts of Ancient Indian Polity : Politico-Constitutional Organisations
By: Nagendra Singh
Page No : 26-73
Abstract
In this article,# the author explains that ancient India witnessed both monarchical and republican forms of State and explains their respective political organizations. The author elaborates the politico-administrative structure of monarchies in ancient India during Vedic period, Brahmanic period, Magadhan Empire, Gupta Empire and during the reigns of Kushan and Harsha. The author also explains the structure and functions of important politico-administrative entities existing at different periods in ancient India and explicates the position of the king visà-vis these entities during the respective empires/ regimes. Citing some ancient sources, the author then explains the existence of individual republican States as also ‘confederal’ republics during ancient India and delineates the political organization and functioning of the republics at the time of Alexander’s invasion and Mauryan age. The author explains the executive and legislative wings of the republics as also provides an elaborate view of the procedures and practices governing deliberations in the ‘Assembly’ or the legislative wing of the republics during that period. The author also briefly discusses the decline and fall of the republics in ancient India.
Author :
Nagendra Singh : The then former President, International Court of Justice, The Hague.
Price: 101
Juristic Concepts of Ancient Indian Polity : Legal Concepts-I (Sources and Sovereignty)
By: Nagendra Singh
Page No : 74-101
Abstract
In this article,# the author describes the sources of law during different ages in ancient India starting from the Vedic age up to the Gupta Empire. The sources of law in the ancient Indian republics are also described. The author also sought to highlight the relative importance of different sources of law during different ages and explains the kinds of law prevailed in ancient India and how conflicts between different kinds of laws were resolved. Further, the author also explains how priority was given to dharma and customs over laws and concludes that the sources of law of ancient India were potent, balanced, vast and elaborate. The author also explains the concept of sovereignty in ancient Indian monarchies and republics. The concept of sovereignty in ancient India is viewed through the prism of theories of sovereignty propounded by the Western political scientists. A comparison between the concept of sovereignty during ancient and modern times is also drawn. The concepts of citizenship, nationality and aliens in ancient Indian monarchies and republics are also discussed in the article.
Author :
Nagendra Singh : The then former President, International Court of Justice, The Hague.
Price: 101
Juristic Concepts of Ancient Indian Polity : Legal Concepts-II (Judicial Mechanism)
By: Nagendra Singh
Page No : 102-128
Abstract
In this article,# the author lists certain ingredients of adjudication mechanism with a view to assess the basic value and overall capacity of our ancient judicial system during the course of Indian history. The author discusses the existence and working of judicial mechanism during ancient India. Highlighting that the organization of the judiciary differed during different regimes, the author examines the evolution, structure and working of the judicial machinery both in the republics that existed during ancient India as also during the long monarchical regimes spreading from the Vedic times to the imperial Mauryas through the Guptas. The author also discusses the guidelines for use of discretionary power and the role of one’s own conscience in adjudication. The author also explains the concepts of ‘legal procedure’ and ‘law of evidence’ in ancient India in detail with reference of smritis like Yajnavalkyasmriti, Manusmriti, Nardasmriti, Gautamasmriti, Katyayanasmriti, etc.
Author :
Nagendra Singh : The then former President, International Court of Justice, The Hague.
Price: 101
Juristic Concepts of Ancient Indian Polity : Legal Concepts-III (Some Other Concepts)
By: Nagendra Singh
Page No : 129-148
Abstract
In this article,# the author describes how the concept of crime and punishment in ancient India differed and evolved over the Vedic age, the Magadhan empire, the Buddhist Empire of Ashoka, and through the empires of the Guptas and Harsha in ancient India. The author thereafter discusses the position of humanitarian law in ancient India. In this process, the author elaborates not merely the rules of warfare in ancient Indian polity but the weapons of warfare and acts or actions prohibited in warfare, as well, to emphasise how humanitarian aspect was not lost sight of even during hostile environment and circumstances. The author explains as to how criminal law in India was systematic, welldefined and had developed on a logical and scientific basis. In the next part of the article, the author explains the concept of property in ancient India and defines the corporate concept of property including its nature and forms. The author explains how the concept of individual property evolved in ancient India and then describes the sources of individual property and in the process also dwells on the concept of ‘exclusive women’s property’ or the concept of stridhana.
Author :
Nagendra Singh : The then former President, International Court of Justice, The Hague.
Price: 101
Law Reforms in a Democratic Society
By: Lord Scarman
Page No : 149-176
Abstract
In this article,# explaining the necessity and importance of law reform, the author briefly explains the process of law reform in the United Kingdom till the enactment of British Law Commissions Act in June 1965, which provided for constituting Law Commission to ensure systematic development and reform of the law. The author analyses the working of the Law Commission (England and Wales) created under the Act. The author also differentiates among the working of the Law Commission, Parliament and the courts and explains how the ‘Review of the law’ with a view to its reform is the duty of the Law Commission; making new law is the duty of Parliament; interpreting the law is the duty of the courts. The author has assessed the performance of Law Commission on the basis of three-fold criteria of the ‘quality of the Law Commission’s achievement’, the ‘impact of its existence and achievement on the development of the law’ and the ‘future of law reform in the United Kingdom’.
Author :
Lord Scarman : The then Law Lord, House of Lords.
Price: 101
Judiciary and Legislature Under the Constitution
By: Somnath Chatterjee
Page No : 177-193
Abstract
In this article,# relating some of the important provisions of the Constitution, the author concludes how the framers of the Constitution intended to build mutual relationship between the democratic institutions and the judiciary by not conferring overriding powers to any of the organs. The author remarks that even though the constitutional limits on mutual powers have been usually respected, how, despite the well-recognised scheme of separation of powers in the Constitution of India, in certain cases, judicial intervention in the procedural aspects of the legislatures has created some anomalous situations. The author emphasizes that the Constitution is the supreme law, and no organ of State should go beyond what has been constitutionally assigned to it and affirms that it is the duty of all the three organs to ensure that this balance is scrupulously adhered to. The author also states how due to the weaknesses in the respective working of the different organs of State in India, people’s faith in these institutions has been eroding and cautions that once that faith is lost, no force or army will be able to protect these institutions.
Author :
Somnath Chatterjee : The then Hon’ble Speaker, Lok Sabha.
Price: 101
Right to Silence of the Accused Under Constitution of India
By: Shiv Narayan Dhingra
Page No : 194-203
Abstract
In this article,# the author discusses how judicial interpretation of Article 20(3) of the Constitution of India in some of the cases wherein courts have held that an accused cannot be compelled to give his blood/ hair sample etc. during investigation or during the trial since this would infringe the right of the accused conferred by Article 20(3) has created an anomalous situation. The author affirms that the Right to Silence under Article 20(3) granted to an accused needs to be interpreted in consonance with the other statutory provisions and that the right is not an absolute and unqualified right. The author then explains how the interpretation is not in consonance with the spirit of Section 27 of the Indian Evidence Act and has made it difficult for the investigating agencies in securing evidence against and guilt of the accused. The author also explains how by extending the scope of Article 20(3), the courts are shutting the doors towards scientific investigation and how the interpretation is antithetical to the interests of the society and the State. The author argues that since the courts are parts of the State, judicial interpretations must serve the cause of the State and must be in the benefit of the society.
Author :
Shiv Narayan Dhingra : The then Justice, Delhi High Court.
Price: 101
Reinforcing Institutions of Governance
By: P.P. Rao
Page No : 204-217
Abstract
In this article,# the author states that though India is a country with tremendous potential and immense natural and human resources, due to certain constraints we are not able to fulfill the dreams of the Founding Fathers of the nation. The author argues how ethics in politics are declining and the integrity of legislatures is being questioned. The author also explains how linguistic chauvinism is engulfing the political arena of the nation and is posing a challenge to the integration of the country. Commending the work of the Election Commission, the author explains how the Commission needs to be strengthened to counter such political scenarios. The author also critically examines the working of the other institutions of governance like governor, civil services, public service commission/s, and judiciary and points out the issues pertinent to them which need to be resolved for the betterment of the nation. The author also makes some suggestions to strengthen these institutions to march ahead with renewed determination towards the goals of unity and integrity of India. The author also discusses required amendments in the Constitution of India to make the institutions of governance effective and deliver.
Author :
P.P. Rao : The then Senior Advocate, Supreme Court of India.
Price: 101
Jul- to Dec-2022
By: ..
Page No : i
Price: 101
Proposed National Commission on Higher Education and Research
By: N.R. Madhava Menon
Page No : 219-226
Abstract
In this article,# the author dwells on the recommendations of the National Knowledge Commission (NKC) and the Committee to Advise on Renovation and Rejuvenation of Higher Education (known as Yash Pal Committee) to bring about drastic changes to the prevailing regulatory structure of higher education. The author explains different components of the proposed legislations, on the basis of different announcements of the then Union minister of Human Resource Development. The author relates the broad contours of the then proposed ‘National Commission for Higher Education and Research Bill’ on which views and comments from different stakeholders were being solicited. The author also explains how the then proposed National Commission on Higher Education and Research (NCHER) was contemplated to subsume all regulatory bodies in the field of education including the University Grants Commission (UGC), All India Council for Technical Education (AICTE), National Council for Teacher Education (NCTE), Distance Education Council (DEC) apart from the academic aspects of the professional councils. It is also explicated how the proposed reforms in higher education sought to bring it at par with international standards.
Author :
N.R. Madhava Menon : Former member of Law Commission of India and was a member of the Committee to Advise on Renovation and Rejuvenation of Higher Education (Yash Pal Committee).
Price: 101
Changing Role of Judiciary in a Modern Democarcy
By: Mool Chand Sharma
Page No : 227-242
Abstract
In this article,# the author explains how democracy is a web of ‘paradoxes, dilemmas and even contradictions’, how it demands ‘internalisation of values of democracy and constitutional culture’, and ‘how this paradox is a safe path for building a secure and developed society. The author examines role of judiciary in Indian democracy in the light of the fact that every institution including the common public has an obligation to contribute to make democracy a success. The author navigates through the journey of expanding role of judiciary: starting from ‘positivism’ (when judges were confined to ‘resolution of disputes’), to traversing in the domain of policy-making including socialpolicy (of which articulation of Basic Structure doctrine is the supreme example), and now venturing into issues of ‘social justice’ and ‘public-goods’ (which are mainly the preserve of legislative and the executive wings of the State). The author discusses why the judiciary, while handling ‘social justice’ and ‘public-goods’, needs to exercise restraint and be impartial and how this concept of ‘objectivity’ in judiciary is distinct from that in the legislative and executive. The author also discusses the concept of ‘public confidence’ in the judges and relates how it is essential condition realising judicial role especially while dealing with social policy issues.
Author :
Mool Chand Sharma : The then Vice-Chancellor, Central University of Haryana, Mahendragarh (Haryana)
Price: 101
The Women, The Constitution and The Law
By: P.D. Kudal
Page No : 243-259
Abstract
In this article,# the author examines the condition of women both in India and in some other countries and concludes that the women are accorded equality neither in India nor in most of the other countries and finds the customary laws as a major challenge in this regard. The author explains that there exist various provisions in the Constitution of India which afford equality to women in every sphere of life but the ground reality is far from it. The author discusses various legislative efforts to ameliorate the conditions of women in India. The author also explains how prevalence of personal laws in India have been proving a major roadblock in ensuring equal rights to the women in matters of ancestral property and maintenance in case of divorce and highlighted the need for and urgency of creation of uniform civil code in this context. The author also discusses some of the important judicial pronouncements that have resulted in securing equality to the women and contributed to improve the conditions of women in the country. The author concludes with an optimistic note that the time is not far off when women in India will enjoy real equal status with men.
Author :
P.D. Kudal : Former Judge, Rajasthan High Court.
Price: 101
Legislative Process : Ideals and Reality
By: P. M. Bakshi
Page No : 260-289
Abstract
In this article,# discussing the process of legislation in ancient and medieval times, the author emphasizes that laws made by a representative assembly are considered higher laws than those enacted by an executive authority. The author then explains how a legislative proposal is conceptualised before taking a concrete shape in the executive; some of the technicalities involved in drafting legislations, and the challenges faced by private members in proposing legislations are also explained. Discussing the journey of laws in legislatures, the author explains how the role of parliamentary committees can be made more effective. Underlining the need of simple language of laws, the author explains how and why it is not achieved due to the challenges/compulsions of the draftsmen and the technical requirements. Explaining the perpetual nature of reformation of laws, the author highlights the role of legislatures, law reforms commissions/law commissions and the judiciary, in this regard. The author stresses the need and importance of putting greater information in public domain at various stages of legislation.
Author :
P. M. Bakshi : Honorary Professor, Indian Law Institute, New Delhi and the then former Member-Secretary, Law Commission of India.
Price: 101
Decentralisation and People's Participations
By: Rabi Ray
Page No : 290-297
Abstract
In this article,# the author, exploring ancient Indian texts/sources, traces the existence of village panchayats in ancient India and explains that the panchayats performed administrative and judicial functions in different parts of the country and concludes that the institution survived till the advent of the British rule in India. The author explains how the adoption of zamindari and ryotwari land tenure systems by the British in India destroyed the self-contained and selfsustaining nature of the ‘ancient republics’. The author highlights the efforts towards revival of these institutions in pre-independence times as also in the post-independence era and explains how all such efforts have proved to be short of requirements. Elucidating as to how the centralised model of development has resulted into lopsided and skewed development in India, the author emphasises the necessity of devolution of power to the people at the grassroots level in a diverse and large country like India and explains the importance and necessity of village panchayats in this context. The author also attempts to allay the fears and skepticism regarding the inability and lack of competence of the village panchayats.
Author :
Rabi Ray : The then Speaker, Lok Sabha.
Price: 101
Disaster Management in India : Lessons From Himalayan Tsunami
By: M. Shashidhar Reddy
Page No : 298-311
Abstract
In this article,# the author briefly discusses the progressive journey of combating natural disasters in India since the creation of National Disaster Management Authority in 2005. The author explicates that meticulous planning involving different agencies and coordinated efforts in implementation thereof have progressively resulted in improved and quicker response to natural disasters in India and the resultant decline in loss of life and property over the years. Through the natural disaster that struck the Himalayan state of Uttarakhand in the middle of June 2013 in the form of excessive rainfall, also referred as Himalayan Tsunami, the author emphasizes the significance of public awareness, syntheses of the efforts of various governmental agencies, and harmonization of efforts of government and the public in preventing and combating natural disasters. The author emphasizes how post-disaster work and measures are as important as ‘relief and rescue’ operations in case some disaster strikes. The critical role of technology advancement and robust communication network in effective handling of natural disasters also been highlighted.
Author :
M. Shashidhar Reddy : The then Vice Chairman, National Disaster Management Authority, New Delhi
Price: 101
Democracy of Defections in India
By: Yogendra Narain
Page No : 312-323
Abstract
In this article,# the author discusses the issue of political defections in India and some of the advanced countries. After briefly tracing the history of defections in India, the author concludes that the phenomenon has been in existence since the pre-independence period. The author explains the circumstances leading to the enactment of Anti-Defection Act in India; narrates its weaknesses in containing the challenge of defections and the consequent amendments effected in the law to address these challenges over the years. The author analyses various provisions of the anti-defection law in juxtaposition with some of the fundamental democratic tenets and concludes that the law militates against the democratic spirit and is also antithetical to the accountability of the peoples’ representatives to their electorates. The author argues that anti-defection legislation is usually characteristic of less mature democracies. The author contends that in view of the undemocratic nature of the law, the absence of such legislation in about four-fifths of the countries of the world, and also given the fact that now India has come of age (with more than 65 years when she attained independence), the continuance of this law on the rule book needs to be reviewed.
Author :
Yogendra Narain : The then former Secretary-General of Rajya Sabha.
Price: 101
Human Rights of the Disabled : World in a Slow Motion
By: A.K. Sikri
Page No : 324-368
Abstract
In this article,# the author discusses how viewing the ‘persons with disabilities’ as abnormal humans deserving pity rather than as individuals who are entitled to enjoy same opportunities and equal rights as other members of the society has resulted into their marginalisation and exclusion both from the mainstream of the society and enjoyment of their fundamental rights and freedoms. The author emphasises that the movement from patronising and paternalistic approach towards ‘persons with disabilities’ to viewing them as members of the community with equal rights has been reflected in the evolution of universal human rights over the years. The author relates how the provisions of ‘Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995’ are an effort to assimilate the ‘persons with disabilities’ in the national mainstream. The author affirms that during the last few years a modest change in the mindset of the people and policy-makers is perceptible, which is, however, slow. Through an analysis of the verdicts of the higher judiciary in several cases relating to the rights of the ‘persons with disabilities’, the author also analyses the role which the courts have played in giving proper meaning and shape to the rights conferred upon the ‘persons with disabilities’ under the Disability Act.
Author :
A.K. Sikri : Former Judge of the Supreme Court of India.
Price: 101
Gandhi, Ambedkar and the Expirpation of Untouchability
By: Hirendra Nath Mukerjee
Page No : 369-390
Abstract
In this article,# the author highlights the deeply entrenched issues of caste discrimination and untouchability in the Indian society and discusses the psychological, socio-cultural, economic, and politico-constitutional nuances of the degrading practice. The author explains how the inhuman and degrading practices of caste-system and untouchability are pernicious to the cause of a democratic society. Explaining the deep caste-rigidities and prejudices and the consequent gory plight of the untouchables, the author attempts to shake the national conscience. The author discusses the perspectives of Ambedkar and Gandhi on the caste system and their respective approaches to the elimination of the curse of untouchability from the Indian society and, in the process, also highlights the points of discord between their respective approaches. The author narrates how implementation of the constitutional measure of reservation for ameliorating the plight of the Scheduled Castes and Scheduled Tribes has fallen short of the requirements and also the stance of the caste Hindus towards the untouchables leading to the exasperation of Ambedkar towards the end of his life.
Author :
Hirendra Nath Mukerjee : Former Member of Parliament, Lok Sabha.
Price: 101
Nehru's Conception of Equality
By: Upendra Baxi
Page No : 391-398
Abstract
In this article,# the author explains how Nehru viewed ‘equality’ as ‘real’ or ‘definite’ rather than ‘abstract’ or ‘metaphysical’ virtue. The author reveals the ‘Prime Minister’ and ‘political philosopher’ aspects of Nehru vis-à-vis the concept of ‘equality’ and, citing certain constitutional provisions, brings-out the conflict between the two facets of his personality in regard to equality. The author explains how Nehru viewed the Constitution as a means to ensure equality in the country and in the process viewed the ‘lawyerly culture’ as a potential obstacle in the task of transforming constitutional India into a radically egalitarian Indian society. The author highlights the secular aspects of Nehru and how he considered constitutional secularism as the only and the best way to realise the spirit of equality. The author elabortes the views of Nehru regarding caste-system in India and explains how caste-system militates against the concept of equality. The author also briefly narrates the views on equality of the troika of Nehru, Gandhi and Ambedkar highlighting that a comparative analysis of their conception of equality has been wanting and desired.
Author :
Upendra Baxi : Former Vice-Chancellor, University of Delhi.
Price: 101
The Status and Need for a Second Experience
By: A. Chakrapani
Page No : 399-405
Abstract
In this article,# the author relates the pattern of bicameral legislatures in leading countries of the world and discusses the method of election/selection of members of the upper houses and their role, powers and functions vis-à-vis the lower houses in several of the countries having bicameral legislatures. The author refers to the discussion on the necessity of second chamber in the Constituent Assembly narrates the main provisions in regard to the second chambers under the Constitution of India. The author also dwells on the differences in the status of the Council of States and the legislative councils in the states.
Relating some of the instances of abolishing second chambers in some of the states, the author relates how extra-merit and political considerations have been at work behind abolition of the second chambers in the states. Underscoring the benefits of second chambers in the states, the author explains how the second chambers can play constructive and useful role in the governance of states especially when the legislative assemblies have been dissolved or placed under suspended animation.
Author :
A. Chakrapani : Former Chairman, Andhra Pradesh Legislative Council.
Price: 101
Jan- to Jun-2021
Social Justice and Law (First Part of Lecture)
By: K. Subba Rao
Page No : 1-38
Price: 101
Social Justice and Law (Second Part of Lecture)
By: K. Subba Rao
Page No : 39-69
Price: 101
Social Justice and Law (Third Part of Lecture)
By: K. Subba Rao
Page No : 70-107
Price: 101
Impact of Secularism on Life and Law (First Part of Lecture)
By: M. H. Beg
Page No : 108-129
Price: 101
Impact of Secularism on Life and Law (Second Part of Lecture)
By: M. H. Beg
Page No : 130-149
Price: 101
National Development and Public Administration
By: K. Vijaya Bhaskara Reddy
Page No : 150-160
Price: 101
Britain and India: Democratic Giants
By: Betty Boothroyd
Page No : 161-171
Price: 101
Financial Accountability of the Executive to the Parliament
By: Murli Manohar Joshi
Page No : 172-179
Price: 101
Annexure ??????????? ?? ???? ?? ????? ??????? ????????
By: मुरली मनोहर जोशी
Page No : 181-189
Price: 101
Jul- to Dec-2021
Constitution and Civil Liberties (First Part of Lecture)
(Second Dr. B.R. Ambedkar Memorial Lecture)
By: H.R. Khanna
Page No : 191-206
Author :
H.R. Khanna
The then Chairman, Law Commission of India, and the then former Judge, Supreme Court of India.
Price: 101
Constitution and Civil Liberties (First Part of Lecture)
(Second Dr. B.R. Ambedkar Memorial Lecture)
By: H.R. Khanna
Page No : 207-223
Author :
H.R. Khanna
The then Chairman, Law Commission of India, and the then former Judge, Supreme Court of India.
Price: 101
The Constitution and the Public Services
(Second Lal Bahadur Shastri Memorial Lecture)
By: M.L. Shahare
Page No : 224-242
Author :
M.L. Shahare
The then Chairman, Union Public Service Commission, Government of India.
Price: 101
The Role of Private Members in Parliament
(Sixth G.V. Mavalankar Memorial Lecture)
By: R. Venkataraman
Page No : 243-250
Author :
R. Venkataraman
The then former President of India.
Price: 101
Union-State Relations in India Legislative Relations
(Third Dr. Rajendra Prasad Memorial Lecture)
By: R.C.S. Sarkar
Page No : 251-280
Author :
R.C.S. Sarkar
The then former Law Secretary to the Government of India and the then former Chairman, Union Public Service Commission.
Price: 101
By: R.C.S. Sarkar
Page No : 281-318
Author :
R.C.S. Sarkar
The then former Law Secretary to the Government of India and the then former Chairman, Union Public Service Commission.
Price: 101
Union-State Relations in India Financial Relations
(Third Dr. Rajendra Prasad Memorial Lecture)
By: R.C.S. Sarkar
Page No : 319 -371
Author :
R.C.S. Sarkar
The then former Law Secretary to the Government of India and the then former Chairman, Union Public Service Commission.
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.
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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.
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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.
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- The work of others used in this article has been duly acknowledged and the citations have been given in the required format.
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Thanking you
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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)
