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Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Shubhankar Dam
On 13 January, the Pakistan Bar Council (PBC) voted to end the continuous boycott of judges who swore oath's under the country's Provisional Constitution Order and to instead substitute "a complete boycott of the superior judiciary every Thursday and a one-hour token strike on a daily basis." Predictably, the decision created a furor: for many, it was a sell-out. Both the Lawyers National Action Committee (LNAC) and the Supreme Court Bar Association (SCBA) quickly denounced the decision as "contradictory" and "against the spirit of the lawyers' sacrifices." The provincial bar councils, the high court bar associations and the district bar …
Can A Legislative Assembly Function Without An Executive Government Under The Indian Constitution?, Shubhankar Dam
Can A Legislative Assembly Function Without An Executive Government Under The Indian Constitution?, Shubhankar Dam
Shubhankar Dam
Can the Governor dissolve a Legislative Assembly under the Indian Constitution even before convening its first meeting on the ground that no party had adequate mandate to form the government? That was the question posed before the Supreme Court in Rameshwar Prasad. The Court held in the affirmative. For the Court, a Legislative Assembly can be brought into existence only when some members of the Legislature are in a position to form the Executive Government (the Cabinet). This short comment proposes an argument to the contrary. I argue that the Supreme Court's conclusion was made possible by a method of …