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Articles 1 - 30 of 40
Full-Text Articles in Law
The Executive, Shubhankar Dam
The Executive, Shubhankar Dam
Shubhankar Dam
India has a parliamentary system. The President is the head of the Union of India; the Prime Minister is the head of government.1 Along with his or her cabinet, the Prime Minister is responsible to the Lower House of Parliament.2 States have similar arrangements. They are formally headed by Governors. But chief ministers and their cabinets lead the governments. Executive power, ordinarily, is exercised by the Prime Minister, chief ministers and their respective councils of ministers. However, in keeping with India’s Westminster inheritance, such power often vests in the formal heads, and is exercised in their names. This chapter offers …
Riding On The Ordinance Highway: Why The Supreme Court Should Step In, Shubhankar Dam
Riding On The Ordinance Highway: Why The Supreme Court Should Step In, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Lok Sabha Vs Rajya Sabha: Government Needs Legislative, Not Just Administrative, Majority, Shubhankar Dam
Lok Sabha Vs Rajya Sabha: Government Needs Legislative, Not Just Administrative, Majority, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Past Expiry: The Tenuous Grounds For Re-Promulgating Ordinances, Shubhankar Dam
Past Expiry: The Tenuous Grounds For Re-Promulgating Ordinances, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Repromulgation Game, Shubhankar Dam
Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam
Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Words And Worth: Why Narendra Modi Need Not Retake His Prime Ministerial Oath, Shubhankar Dam
Words And Worth: Why Narendra Modi Need Not Retake His Prime Ministerial Oath, Shubhankar Dam
Shubhankar Dam
No abstract provided.
India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam
India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam
Shubhankar Dam
The Crisis In Hong Kong: Can Comparative Law Help?, Shubhankar Dam
The Crisis In Hong Kong: Can Comparative Law Help?, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Constitutionally Lawless: Ordinance Raj In India, Shubhankar Dam
Constitutionally Lawless: Ordinance Raj In India, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam
Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam
Shubhankar Dam
India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First, it tells the story of how an artefact of British constitutional history, over time, became part of India’s legislative system. Second, it offers an empirical account of the ways in which presidents have resorted to ordinances in post-independence India. Third, the book analyses a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, the book explains …
Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam
Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam
Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam
Shubhankar Dam
This essay offers an overview of how ideas of constitutionalism, rule of law and fundamental rights contributed to the development of criminal law in India. Various courts, and the Supreme Court in particular, have summoned these broad constitutional concepts to understand, interpret and develop criminal law doctrines. But they are also drawing on these concepts to increasingly address “structural” issues of the criminal justice system - the very apparatus responsible for implementing the doctrines.
India's Archaic Turn On Equality, Shubhankar Dam
What Is Intermediate Legislative Power?, Shubhankar Dam
What Is Intermediate Legislative Power?, Shubhankar Dam
Shubhankar Dam
The President in India’s parliamentary system is authorized to promulgate legislation under Article 123.1 While such legislation, or ‘ordinances’, enjoy the same force and effect as Acts, they are distinct in some ways. First, ordinances lack legislative deliberation: the President promulgates them ‘except when both Houses of Parliament are in session’. Secondly, it depends on the President’s satisfaction that ‘circumstances exist that render it necessary for him to take immediate action’. And they are transient: ordinances cease to operate on the expiry of six weeks from the reassembly of Parliament unless withdrawn earlier or formally enacted into law. Ordinances, then, …
Public Law And Public Resources In India, Shubhankar Dam
Public Law And Public Resources In India, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Singur Sham, Shubhankar Dam
Mr Gandhi’S Terror Sermon, Shubhankar Dam
A Tale Of Judicial Appointments, Shubhankar Dam
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Pakistan’S Dialogic Turn, Shubhankar Dam
Constitutionally Hazardous Ordinances In Pakistan And India, Shubhankar Dam
Constitutionally Hazardous Ordinances In Pakistan And India, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Judicial Appointments: Notes From India, Shubhankar Dam
Judicial Appointments: Notes From India, Shubhankar Dam
Shubhankar Dam
No abstract provided.
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 …
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Shubhankar Dam
No abstract provided.
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
Shubhankar Dam
No abstract provided.