REVISITING THE CONSTITUTION OF INDIA

REVISITING THE CONSTITUTION OF INDIA
Author: P. Anand
Publisher: Notion Press
Total Pages: 143
Release: 2024-04-11
Genre: Fiction
ISBN:
GET BOOK

A unique experiment by the author through a fictional story parallelly suggests an essential review required in the Constitution of India to bring in positive changes in the interest of the world. Today's argument of Judiciary, Legislature and Executive is that they are one of the three pillars or arm or wing of Government i.e Constitution are ordinarily unquestionable. A number of instances where Thrimoorthis, so-called professionals would be better understood by the common man through the three wise monkeys of Mahatma Gandhi "being dumb, deaf and blind". In other words, see no justice, hear no complaints of citizens and speak no regulations “Executives don’t want to speak, Legislators don’t want to see and Judiciary doesn’t want to hear". Inclusiveness can happen if the present three pillars of the Constitution are revisited and find scope to incorporate other important aspects of life. Seven pillars namely Legislative, Judiciary, Executive, Health, Security, Education and Agriculture required to be given adequate representation while revising the Constitution to encourage the participation of the common man. In addition, the fictional story of a family brings out human values of compassion, devotion and service to society by guiding readers to find an answer to the purpose of life. “THE GREATNESS OF PROPOSED REVISION IS IN THE SPIRIT AND THE INTENTION OF CREATING WORLD LEADERS FOR THE SAFETY OF MANKIND” Surgeon Captain Anand (Retd) “Contribution from AdvaySvaraPrema and family members”

Revisiting Juvenile Justice in India

Revisiting Juvenile Justice in India
Author: Atul Jaybhaye
Publisher: Taylor & Francis
Total Pages: 167
Release: 2023-11-03
Genre: Law
ISBN: 100099189X
GET BOOK

Revisiting Juvenile Justice in India analyses the challenges and issues involved in the study of juvenile justice in India. The book compares the juvenile justice systems of the USA, the UK and China with India to identify causes of juvenile delinquency and the measures to curb it. It traces the origin of juvenile justice in India and its evolution through landmark judgments. The book critically analyses the Nirbhaya Rape Case of 2012, analyzing the age of criminal responsibility for juveniles and the need for new juvenile justice laws which lead to the passing of the Juvenile Justice (Care of Protection of Children) Act, 2015. The book studies international conventions upholding the rights of children i.e., UNCRC, Beijing Rules, Riyadh Guidelines, etc. and the legal framework for child protection in India and its relevance to juvenile justice. This book will be useful for undergraduate and postgraduate law students, advocates, criminal law practitioners, officers/staff of the correction homes, Judges of the Juvenile Justice Board, and research scholars.

The Philosophy of The Constitution - English

The Philosophy of The Constitution - English
Author: Navneet Singh
Publisher: Navneet Singh
Total Pages: 35
Release:
Genre: Antiques & Collectibles
ISBN:
GET BOOK

The philosophy of the Indian Constitution is rooted in its Preamble, which outlines the fundamental values, principles, and objectives that guide India as a nation. Here’s an exploration of the philosophy encapsulated in the Constitution: 1. Sovereign, Socialist, Secular, Democratic, Republic: Sovereign: Asserts India's independence and freedom from external control, emphasizing self-governance and autonomy. Socialist: Commits to achieving social and economic justice through equitable distribution of resources and opportunities, reducing inequalities, and ensuring welfare of all citizens. Secular: Guarantees religious freedom and promotes a secular state that treats all religions equally, while maintaining separation of religion and state affairs. Democratic: Affirms the sovereignty of the people and their right to elect representatives, participate in governance, and hold public institutions accountable. Republic: Establishes a democratic republic where elected representatives govern on behalf of the people, with institutions based on constitutional principles. 2. Justice, Liberty, Equality, Fraternity: Justice: Ensures social, economic, and political justice through laws and policies that uphold fairness, protect individual rights, and promote inclusive growth. Liberty: Upholds individual freedoms such as freedom of speech, expression, and movement, ensuring autonomy and dignity for all citizens. Equality: Promotes equality of status and opportunity, prohibiting discrimination based on religion, race, caste, sex, or place of birth. Fraternity: Emphasizes unity and brotherhood among all citizens, transcending differences to foster a harmonious and cohesive society. 3. Fundamental Rights and Directive Principles: Fundamental Rights (Part III): Guarantee civil liberties and freedoms to citizens, ensuring protection against arbitrary state actions and promoting human dignity. Directive Principles of State Policy (Part IV): Provide guidelines for governance and legislation to achieve social and economic justice, welfare of the people, and equitable distribution of resources. 4. Federalism and Unity: Federal Structure: Establishes a federal system with division of powers between the Union and states, ensuring autonomy for states while maintaining national unity and integrity. Unity and Integrity: Ensures territorial integrity, national sovereignty, and unity among diverse cultures, languages, and regions of India. 5. Constitutionalism and Rule of Law: Constitutionalism: Upholds the Constitution as the supreme law of the land, ensuring all actions of government conform to its provisions and principles. Rule of Law: Ensures equality before the law, adherence to legal procedures, and accountability of government officials and institutions. 6. Amendment and Adaptability: Amendment Process (Article 368): Provides for amendments to adapt the Constitution to changing circumstances while preserving its core principles and values. 7. Philosophical Foundation: Gandhian Ideals: Inspired by Mahatma Gandhi's principles of non-violence, truthfulness, and social justice, influencing provisions related to rural development, community welfare, and environmental conservation. Social Contract Theory: Reflects the social contract between the state and citizens, where rights and responsibilities are balanced for collective well-being and progress. Conclusion: The philosophy of the Indian Constitution embodies democratic governance, social justice, secularism, and respect for fundamental rights. It aims to create a just and equitable society where every citizen can live with dignity, freedom, and fraternity. The Constitution serves as a guiding beacon for governance, policy-making, and judicial interpretation, ensuring India's evolution as a modern democratic republic committed to upholding constitutional values and principles.

India Constitution at Work - Class 11 - English

India Constitution at Work - Class 11 - English
Author: Navneet Singh
Publisher: Navneet Singh
Total Pages: 255
Release:
Genre: Antiques & Collectibles
ISBN:
GET BOOK

Constitution: Why and How? The constitution of a country serves as the fundamental legal document that outlines the framework for governance, defines the rights and responsibilities of citizens, and establishes the powers and limitations of government institutions. Here’s why and how constitutions are essential: Why Constitutions Are Important: Rule of Law: Constitutions establish the rule of law by setting out the fundamental principles and norms that govern the behaviour of individuals, institutions, and the state itself. Protection of Rights: Constitutions typically include a bill of rights that guarantees fundamental freedoms and protections for citizens against government overreach or abuse of power. Structure of Government: They define the structure of government, including the separation of powers between the executive, legislative, and judicial branches, and establish mechanisms for checks and balances. Legal Certainty: Constitutions provide legal certainty by setting out the procedures for making laws, resolving disputes, and ensuring continuity and stability in governance. Citizen Participation: They often outline mechanisms for citizen participation in governance, such as elections, referendums, and the right to petition the government. How Constitutions are Formed and Amended: Drafting: Constitutions are typically drafted by a constituent assembly, a constitutional convention, or a committee appointed for that purpose. Drafting involves extensive consultation, debate, and often public input. Adoption: Once drafted, a constitution may be adopted through a referendum, by a vote of a legislative body, or by other specified means depending on the legal and political context of the country. Amendment: Constitutions include provisions for their own amendment to adapt to changing circumstances. Amendments may require a special majority in the legislature, approval by referendum, or a combination of both. Interpretation: Courts play a crucial role in interpreting constitutional provisions and ensuring their enforcement. Constitutional courts or supreme courts often have the authority to strike down laws or government actions that are inconsistent with the constitution. Flexibility vs. Rigidity: Some constitutions are more flexible and allow for easier amendment, while others are more rigid and require more stringent procedures for change to ensure stability and protect fundamental principles. In essence, constitutions are foundational documents that establish the framework for government and the rights of individuals within a society. They embody the principles of democracy, rule of law, and human rights, shaping the political and legal landscape of a country for generations.

The Right to Education in India

The Right to Education in India
Author: Florian Matthey-Prakash
Publisher: Oxford University Press
Total Pages: 301
Release: 2019-08-22
Genre: Law
ISBN: 0199097054
GET BOOK

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.

Revisiting India's Partition

Revisiting India's Partition
Author: Amritjit Singh
Publisher: Lexington Books
Total Pages: 401
Release: 2016-06-15
Genre: Social Science
ISBN: 1498531059
GET BOOK

Revisiting India’s Partition: New Essays on Memory, Culture, and Politics brings together scholars from across the globe to provide diverse perspectives on the continuing impact of the 1947 division of India on the eve of independence from the British Empire. The Partition caused a million deaths and displaced well over 10 million people. The trauma of brutal violence and displacement still haunts the survivors as well as their children and grandchildren. Nearly 70 years after this cataclysmic event, Revisiting India’s Partition explores the impact of the “Long Partition,” a concept developed by Vazira Zamindar to underscore the ongoing effects of the 1947 Partition upon all South Asian nations. In our collection, we extend and expand Zamindar’s notion of the Long Partition to examine the cultural, political, economic, and psychological impact the Partition continues to have on communities throughout the South Asian diaspora. The nineteen interdisciplinary essays in this book provide a multi-vocal, multi-focal, transnational commentary on the Partition in relation to motifs, communities, and regions in South Asia that have received scant attention in previous scholarship. In their individual essays, contributors offer new engagements on South Asia in relation to several topics, including decolonization and post-colony, economic development and nation-building, cross-border skirmishes and terrorism, and nationalism. This book is dedicated to covering areas beyond Punjab and Bengal and includes analyses of how Sindh and Kashmir, Hyderabad, and more broadly South India, the Northeast, and Burma call for special attention in coming to terms with memory, culture and politics surrounding the Partition.

The Indian Constitution and Social Revolution

The Indian Constitution and Social Revolution
Author: V. Krishna Ananth
Publisher: SAGE Publications Pvt. Limited
Total Pages: 0
Release: 2019-01-17
Genre: History
ISBN: 9789351500636
GET BOOK

This book highlights the evolution of India’s Constitution into a tool for social revolution, tracing the various stages through which the law on the Right to Property and its relationship with the idea of socialism—as laid out in Parts III and IV of the Constitution—have evolved. It underlines that the road to social revolution has been marked by a process where attempts to give effect to the idea of justice—social, economic, and political—as laid down in the Preamble have achieved a measure of success. If the Constitution, including the Preamble, is to be viewed as a contract that the people of India had entered into with the political leadership of the times and the judiciary being the arbitrator to ensure justice, it may be held that the scheme has worked. This book traces this history by placing the judicial and legislative measures in the larger context of the political discourse.

India in the Shadows of Empire

India in the Shadows of Empire
Author: Mithi Mukherjee
Publisher: Oxford University Press
Total Pages: 422
Release: 2009-11-25
Genre: Political Science
ISBN: 019908811X
GET BOOK

This book explains the postcolonial Indian polity by presenting an alternative historical narrative of the British Empire in India and India's struggle for independence. It pursues this narrative along two major trajectories. On the one hand, it focuses on the role of imperial judicial institutions and practices in the making of both the British Empire and the anti-colonial movement under the Congress, with the lawyer as political leader. On the other hand, it offers a novel interpretation of Gandhi's non-violent resistance movement as being different from the Congress. It shows that the Gandhian movement, as the most powerful force largely responsible for India's independence, was anchored not in western discourses of political and legislative freedom but rather in Indic traditions of renunciative freedom, with the renouncer as leader. This volume offers a comprehensive and new reinterpretation of the Indian Constitution in the light of this historical narrative. The book contends that the British colonial idea of justice and the Gandhian ethos of resistance have been the two competing and conflicting driving forces that have determined the nature and evolution of the Indian polity after independence.

The Working of the Indian Constitution

The Working of the Indian Constitution
Author: Arghya Sengupta
Publisher: Taylor & Francis
Total Pages: 212
Release: 2024-09-04
Genre: Political Science
ISBN: 104003540X
GET BOOK

The Indian Constitution has held the country together for 75 years now. This volume demonstrates the Constitution is not a static document and has seen several amendments and interpretations over the years. It delves into how the document has worked for the people since its adoption — its strengths and weaknesses, its many interpretations, how it has influenced and shaped our collectives over time and in turn been shaped by the people. The Indian Constitution clearly vests power in the hands of its people. This volume critically examines how the longest written national Constitution is made successful by people who take its spirit to heart and let it inform their activities, and how like anywhere in the world, it is a work in progress. It covers a range of debates on issues such as individual freedom (of expression, of association, freedom to lead lives of dignity, etc.), liberty (freedom from oppression), the right to life, right to equality, justice, among several others. The book contains essays by judges, lawyers and academics who describe the journey of the Constitution through doctrine, case-law, and comparative analyses with other countries. At the same time, it also contains essays by doctors, politicians, activists, bureaucrats, and a number of methodologically diverse essays by a host of demographically diverse writers. The volume will be an indispensable read for scholars and researchers of legal studies, political scientists, governance, public policy, modern history, and South Asia studies. It will also be of immense interest to political scientists, political theorists, legal scholars, historians, lawyers, and general readers interested in the history of the Indian Constitution.