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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:

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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”


Order from Transfer

Order from Transfer
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
Total Pages: 383
Release: 2013-01-01
Genre: Law
ISBN: 1781952116

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ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.


America's Constitution

America's Constitution
Author: Akhil Reed Amar
Publisher: Random House
Total Pages: 672
Release: 2012-02-29
Genre: History
ISBN: 1588364879

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In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.


Basic Structure Constitutionalism

Basic Structure Constitutionalism
Author: Sathya Narayan
Publisher:
Total Pages: 290
Release: 2011
Genre: Civil rights
ISBN: 9789350281888

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Collection of contributed papers presented at the event, Revisiting Kesavananda Bharati, organized by Centre for Public Law, ILS Law College, Pune, India on Jan. 16, 2010; includes invited papers; festschrift for Indian lawyers, Nani Palkhivala and H.M. Seervai.


India in the Shadows of Empire

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

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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 New Commonwealth Model of Constitutionalism

The New Commonwealth Model of Constitutionalism
Author: Stephen Gardbaum
Publisher: Cambridge University Press
Total Pages: 275
Release: 2013-01-03
Genre: Law
ISBN: 1107009286

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Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.


India Revisited

India Revisited
Author: Ramin Jahanbegloo
Publisher: Oxford University Press
Total Pages:
Release: 2007-07-16
Genre: Social Science
ISBN: 0199087881

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In this book, Ramin Jahanbegloo converses with twenty-seven leading Indian personalities—social scientists, journalists, activists, artists, and sports persons—to gain an understanding of contemporary Indian society. Jahanbegloo, an Iranian-Canadian philosopher and Gandhi scholar, raises interesting questions about the seeming contradictions of life in India: the long history of religious tolerance juxtaposed with growing religious fundamentalism, democracy being challenged by a persistent caste system, the Indian ethos of equality contested by the low status of women, affluent urban areas that contrast with the impoverished rural tracts, among other issues.


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

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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 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

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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.


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

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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.