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Full-Text Articles in Law

The Executive, Shubhankar Dam Dec 2015

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 …


Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam Dec 2014

Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam

Shubhankar Dam

No abstract provided.


A Tale Of Judicial Appointments, Shubhankar Dam Feb 2011

A Tale Of Judicial Appointments, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam Sep 2010

Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Pakistan’S Dialogic Turn, Shubhankar Dam Sep 2010

Pakistan’S Dialogic Turn, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam Feb 2008

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 …


The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam Jan 2007

The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Pakistani Supreme Court And Constitutional Space, Shubhankar Dam Jan 2007

Pakistani Supreme Court And Constitutional Space, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam Dec 2004

Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam

Shubhankar Dam

The last twenty five years are an “impressive” chronicle of the Indian Supreme Court in action. Its novel functioning has changed the internal dynamics of Indian polity in a manner unknown to constitutional democracies. From an institution entrusted with the task of adjudicating disputes between parties, the Indian Supreme Court has transformed itself into an institution enjoined to promote the ideals of a socio-economic and political justice. Its prior role as an “adjudicator” has undergone a reappraisal. The judges therein are no more adjudicators but activists, energetically contributing to the accomplishment of India's constitutional vision. In this new creation, they …


Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam Dec 2004

Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam

Shubhankar Dam

No abstract provided.