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In Late Colonial India: 1942-1944
Rohit De ([email protected]) LEGS Seminar, March 2009 Draft. Please do not cite, quote, or circulate without permission. EMASCULATING THE EXECUTIVE: THE FEDERAL COURT AND CIVIL LIBERTIES IN LATE COLONIAL INDIA: 1942-1944 Rohit De1 On the 7th of September, 1944 the Chief Secretary of Bengal wrote an agitated letter to Leo Amery, the Secretary of State for India, complaining that recent decisions of the Federal Court were bringing the governance of the province to a standstill. “In war condition, such emasculation of the executive is intolerable”, he thundered2. It is the nature and the reasons for this “emasculation” that the paper hopes to uncover. This paper focuses on a series of confrontations between the colonial state and the colonial judiciary during the years 1942 to 1944 when the newly established Federal Court struck down a number of emergency wartime legislations. The courts decisions were unexpected and took both the colonial officials and the Indian public by surprise, particularly because the courts in Britain had upheld the legality of identical legislation during the same period. I hope use this episode to revisit the discussion on the rule of law in colonial India as well as literature on judicial behavior. Despite the prominence of this confrontation in the public consciousness of the 1940’s, its role has been downplayed in both historical and legal accounts. As I hope to show this is a result of a disciplinary divide in the historical engagement with law and legal institutions. Legal scholarship has defined the field of legal history as largely an account of constitutional and administrative developments paralleling political developments3. -
Supreme Court of India
Supreme Court of India drishtiias.com/printpdf/supreme-court-of-india The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review. India is a federal State and has a single and unified judicial system with three tier structure, i.e. Supreme Court, High Courts and Subordinate Courts. Brief History of the Supreme Court of India The promulgation of Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record, with full power & authority. It was established to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa. The Supreme Courts at Madras and Bombay were established by King George – III in 1800 and 1823 respectively. The India High Courts Act 1861 created High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns. These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts. After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950. -
Learning from the Judicial Committee of the Privy Council
Georgia State University ScholarWorks @ Georgia State University Political Science Dissertations Department of Political Science 5-9-2016 Extraterritorial Courts and States: Learning from the Judicial Committee of the Privy Council Harold Young Georgia State University Follow this and additional works at: https://scholarworks.gsu.edu/political_science_diss Recommended Citation Young, Harold, "Extraterritorial Courts and States: Learning from the Judicial Committee of the Privy Council." Dissertation, Georgia State University, 2016. https://scholarworks.gsu.edu/political_science_diss/40 This Dissertation is brought to you for free and open access by the Department of Political Science at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Political Science Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. EXTRATERRITORIAL COURTS AND STATES: LEARNING FROM THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL by HAROLD AVNON YOUNG Under the Direction of Amy Steigerwalt, PhD ABSTRACT In 2015, South Africa withdrew from the International Criminal Court asserting United Nation’s Security Council bias in referring only African cases (Strydom October 15, 2015; Duggard 2013) and the United Kingdom reiterated a pledge to withdraw from the European Court of Human Rights, asserting that the court impinges on British sovereignty (Watt 2015). Both are examples of extraterritorial courts which are an important part of regional and global jurisprudence. To contribute to our understanding of the relationship between states and extraterritorial courts, I examine arguably the first and best example of an extraterritorial court, namely the Judicial Committee of the Privy Council (JCPC). Drawing on 50 British Commonwealth states, this dissertation explores the factors influencing the decision to accede to an extraterritorial court and why some states subsequently opt to sever ties. -
Annual Report 2007-2008
The Supreme Court of India The Supreme Court of India ANNUAL REPORT 2007-2008 (Published by the Supreme Court of India) EDITORIAL COMMITTEE: For Official use Only Hon’ble Mr. Justice S.B. Sinha Hon’ble Mr. Justice R.V. Raveendran COPYRIGHT© 2008 : THE SUPREME COURT OF INDIA Hon’ble Mr. Justice D.K. Jain Publisher : The Supreme Court of India All rights reserved. No part of this publication may be New Delhi-110001 reproduced, stored in a retrieval system or transmitted Website – http://supremecourtofindia.nic.in in any form or by any means, electronic, mechanical, Book : Annual Report 2007-2008 photocopying, recording or otherwise, without the prior (Contents mainly relate to 1.10.2007 to permission in writing of the copyright owner. 30-09.2008) Printed at I G Printers Pvt. Ltd. Tel. No: 011-26810297, 26817927 Photography: J.S. Studio (Sudeep Jain) 9810220385 (M) CONTENTS PAGE S. DESCRIPTION NO. NOS. 1. Hon’ble Chief Justice of India & Hon’ble Judges of Supreme Court ................................................................................. 9 2. An overview .......................................................................................... 39 The History Supreme Court – At present Court Building Lawyers’ Chambers Supreme Court Museum Retired Hon’ble Chief Justices Retired Hon’ble Judges 3. Jurisdiction .......................................................................................... 49 Original Appellate Advisory Review Curative Public Interest Litigation 4. The Bar ............................................................................................... -
Victorian Supreme Court Library Journals, Law Reports & Legislation
VICTORIAN SUPREME COURT LIBRARY JOURNALS, LAW REPORTS & LEGISLATION This document is a list of journals, law reports & legislation held by the Victorian Supreme Court Library. It shows what our holdings are and where they are located within the Library. It also shows titles available from the following electronic services to which the Library has access: AGIS Plus Text AustLII Hein Online WestLaw AU* WestLaw International* Where Parliaments provide legislative websites, those website addresses have been included. * Accessed through the Thomson website _____________________________________________________________________ Click on a letter to go to the beginning of that listing A B C D E F G H I J K L M N O P Q R S T U V W XYZ Supreme Court Library of Victoria Journals, Law Reports & Legislation L:\Holdings list.doc 6/06/2014 TITLE SUPREME COURT LIBRARY ELECTRONIC ACCESS A AALL Spectrum Hein Online: Vol. 1 (1996) - ABA Journal [American Bar Association] Level 1 / Bay 22 Hein Online: Vol. 1 (1915) - Vol. 65 (1979) - ABA Update [Australian Broadcasting Authority] AGIS Plus Text: No. 84 (2000) - Aboriginal Law Bulletin Level 1 / Bay 22 AustLII: No. 1 (1981) - No. 90 (1997) Continued By: Indigenous Law Bulletin No. 1 (1981) - No. 90 (1997) About The House AGIS Plus Text: No. 1 (1999) - Abridgment of New Zealand Case Law Level 2 / Room B Accident & Worker’ Compensation Reports Ground / Room 19 Vol. 1 - 2 ACTEC Journal WestLaw Int: Vol. 33 (2007) - Hein Online Vol. 1 (1974) - Acta Juridica Hein Online: 1958 - Acta Societatis Martensis Hein Online: Vol. 1 (2005) - Adelaide Law Review Level 1 / Bay 22 AGIS Plus Text: Vol. -
The Role of 1Reasonable Restrictions* in the Indian Constitution Tirukkattupalli Kalyana Krishnamurthy Iyer June, 1974
THE ROLE OF 1 REASONABLE RESTRICTIONS* IN THE INDIAN CONSTITUTION TIRUKKATTUPALLI KALYANA KRISHNAMURTHY IYER JUNE, 1974 ProQuest Number: 11010392 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010392 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 x. CONTENTS Page No. Acknowledgements i. Preface ii. List of Abbreviations viii. INTRODUCTION: THE NATURE OF THE SUBJECT-MATTER GENERALLY 1. •Subjectivity* and •Objectivity* in Reas onableness 1 0 . An Introduction to Article 19 CHAPTER 1: HISTORY AND COMPARISONS Section Is The Indian Constituent Assembly and Limitation of Rights 17. Proceedings of the Advisory Committee 20. Assembly Proceedings - Stage 1 3 2 . Assembly Proceedings - Stage 2 39. Section 2 : »Due Process1 in American Law and •Reasonableness* in India 44. Indian Constituent Assembly and •Due Process* : In Outline 45. The *Ghost* of * Due Process* 49. Vagueness and Unreasonableness 68. Section 3 : The Role of Reasonableness in English Law 76. English Law on * Reasonableness* 83. Liversidge v# Anderson 87. Bye-laws and Indian Courts 1 0 2 . Section 4: The European Convention Introduction 106. -
Jurisdictions and Organization of AACC Members자료집
AACC SRD Research Jurisdictions and Organization of AACC Members Preface This book marks the first research publication of the Secretariat for Research and Development (SRD) of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). It contains the introductory overview of the jurisdictions and organization of AACC member institutions and results of the 1st Research Conference of the AACC SRD (29 May – 1 June 2018). AACC SRD annually selects a research topic to work on and hosts a regular conference that brings together institutions of constitutional justice from across the Asian region to discuss matters of constitutional adjudication, fundamental rights and principles of constitutionalism. In doing so, AACC SRD aims to generate one publication that will be of interest not just for AACC members, but the global research community. In addition, AACC SRD is building a stimulating environment for comparative constitutional research at its office in Seoul, where seconded officers from AACC member institutions are closely working together with AACC SRD staff on a daily basis, such as during the production of this research book. The AACC is truly diverse, consisting of members from civil law and common law traditions, as well as members operating in environments which combine different legal traditions. The materials contained in this publication allow the reader to discover the similarities and differences between AACC member institutions, and can assist in developing insights for strengthening constitutional justice in the Asian region. The introductory chapter lays out the context, production process and key contents of the book. The comparative tables allow a quick overview of the basic information of AACC member institutions. -
History-II 1 UNIT-1 INTRODUCTION 1. Early
Class – B.A.LL.B (HONS.) II SEM. Subject – History-II UNIT-1 INTRODUCTION 1. Early Contacts of India with Europeans: Portuguese; Dutch; English and French – their activities; East India Company, French and others. 2. Establishment of British power in Bengal 3. Clive. 4. Warren Hastings 5. Wellesley 6. William Bentinck 7. Dalhousie (Administration and Social System) EARLY CONTACTS OF INDIA WITH EUROPEANS "In 1497, Vasco da Gama, a Portuguese navigator reached the western coast of India at Calicut in the South Indian state of Kerala. He was received by the ruler of Calicut who permitted establishment of trading centres at Calicut, Cochin and Cannanore." European Contacts with Indians—Indian introduction to the Europeans was because of the discovery of a sea-route to India, though the old trade routes existed since the ancient times. Opening of new trade routes, through Afghanistan, Central Asia and the Caspian Sea until the Black Sea was the cause facilitating the arrival of the Europeans into India. There was also a trade route through Persia and Syria until Alexandria on the Mediterranean Coast of Egypt. The route through the Arabian -Sea,- Persian Gulf and the Sea was the most suitable for trading purpose. Through these routes goods from India were taken to Europe and these routes in turn also facilitated bringing of goods there from. The Portuguese— It was because of the existing favourable position of gal concerning access to sea and its experiences in sea faring; a new sea to India through West of Africa was revealed. In 1497, Vasco da Gama, a Portuguese navigator reached the Western Coast of India at Calicut in Kerala. -
13 Indian Judicial System
Indian Judicial System MODULE - 4 Indian Court System and Methods of Resolution Disputes 13 INDIAN JUDICIAL SYSTEM Notes The study of legal history or Judicial system consists of the chronological development and growth of a legal system which, in other words means, an analysis of the system of judicial administration prevailing in a particular country in its historical perspective. It is well known that the efficacy of judicial system, by and large, depends upon two major considerations, namely, the existence of a definite hierarchy of courts which follow a simple procedure and a well defined system of law which are uniformly applicable throughout the country. Thus ‘Courts’ and ‘Laws’ are the two very important instruments of justice. It is only through the execution of good laws that impartiality in administration of justice can be maintained. Therefore, the subject of legal history of Indian Judicial System mainly deals with the process of gradual evolution and development of “Courts” and “laws” in a chronological order. It has been rightly said that ‘law’ is a dynamic concept which changes from time to time and place to place to suit the needs and conditions of a given society which is constantly changing and developing with the advancement of human knowledge and civilisation. The history of human society tells us that “the roots of the present, lie in the past.” So, is also the case with the legal institutions. The Courts and laws which we have today, have taken the present shape after years of experimentation and planning. Therefore, in order to appreciate the present judicial system in India, it becomes necessary to probe into the past history of its evolution and development. -
Appointment of Judges in the Higher Judiciary in India: an Analytical Study
APPOINTMENT OF JUDGES IN THE HIGHER JUDICIARY IN INDIA: AN ANALYTICAL STUDY Dissertation submitted to National Law University, Assam in partial fulfilment for award of the degree of MASTER OF LAWS Supervised by Dr. Ishrat Husain Associate Professor of Law Submitted by Deboleena Dutta ID: SF0217005 Year & Semester: One Year LLM Degree programme & 2nd Semester National Law University, Assam 30th June 2018 SUPERVISOR CERTIFICATE It is to certify that Ms Deboleena Dutta is pursuing Master of Laws (LL.M.) from National Law University, Assam and has completed her dissertation titled “APPOINTMENT OF JUDGES IN THE HIGHER JUDICIARY IN INDIA: AN ANALYTICAL STUDY” under my supervision. The research work is found to be original and suitable for submission. Date: 30.06.2018 Dr. Ishrat Husain Associate Professor of Law DECLARATION I, Deboleena Dutta pursuing Master of Laws (LL.M.) from National Law University, Assam, do hereby declare that the present dissertation titled “APPOINTMENT OF JUDGES IN THE HIGHER JUDICIARY IN INDIA: AN ANALYTICAL STUDY” is an original research work and has not been submitted, either in part or full anywhere else for any purpose, academic or otherwise, to the best of my knowledge. Date: 30.06.2018 Deboleena Dutta UID: SF0217005 ACKNOWLEDGEMENT Writing this thesis has been fascinating and extremely rewarding. I would like to thank a number of people who have contributed to the final result in many different ways: To commence with, I pay my obeisance to God, the almighty to have bestowed upon me good health, courage, inspiration, zeal and the light. After God, I express my sincere and deepest gratitude to Prof (Dr.) J.S. -
Post-Conflict Constitution Drafter's Handbook
POST-CONFLICT CONSTITUTION DRAFTER’S HANDBOOK December 2012 PILPG Post-Conflict Constitution Drafter’s Handbook, December 2012 NOTE FOR USERS The Public International Law & Policy Group’s (PILPG) Post-Conflict Constitution Drafter’s Handbook is intended to assist drafters of constitutions in post-conflict situations. The Handbook draws from PILPG’s experience in facilitating post-conflict constitution drafting processes, as well as comparative state practice, and is based upon analysis of over 150 constitutions from post- conflict and stable states. The Handbook is divided into sixteen chapters, each of which covers a core section in post-conflict constitutions. The chapters include: the Preamble, State Structure and Devolution of Powers, the Executive, the Legislature, the Judiciary, International Legal Obligations, the Electoral System, Financial Matters and the Central Bank, Human Rights, Minority Rights, Women’s Rights, Defense and Security, the Role of Religion, Customary Law, Natural Resources, and Extraordinary Measures. Within each chapter, the Handbook describes core provisions and provides sample language that may be used as a basis for constitutional provisions. In some instances, the Handbook provides several options that the drafter may choose from. The sample language is identified as “Option One” and “Option Two.” In others, the Handbook provides optional language that drafters may include. In those instances the sample language is identified as “Optional.” The intent of this handbook is to provide the drafter with options in structuring constitutional provisions. Since every post-conflict situation is unique, the drafter may change certain elements to enhance the constitution’s relevance and applicability to a particular context. The purpose of the sample language is merely to provide options from ratified constitutions to assist the drafter. -
Law Journal Cover 2020
Jahangirnagar University Journal of Law Volume VIII: 2020 Published: 30 November 2020 Editor Professor Dr. Rasheda Akhtar Executive Editor Tapos Kumar Das Journal of the Faculty of Law Jahangirnagar University Savar, Dhaka Jahangirnagar University Journal of Law Volume VIII: 2020 Advisors to the Editorial Board Professor Antony Anghie, SJD Samuel D. Thurman Professor of Law University of Utah, USA Dr. Mohammad. Shahabuddin Professor in Law, University of Birmingham, U.K. Editorial Board Editor Professor Dr. Rasheda Akhtar Dean (Acting), Faculty of Law, Jahangirnagar University Executive Editor Tapos Kumar Das Chairperson (Acting), Department of Law and Justice, Jahangirnagar University Members Md. Rabiul Islam K M Shazzad Mohashin Department of Law and Justice Department of Law and Justice Jahangirnagar University Jahangirnagar University Shaila Alam Asha Md. Abu Sayeed Department of Law and Justice Department of Law and Justice Jahangirnagar University Jahangirnagar University Suprobhat Paul Ferdous Rahman Department of Law and Justice Department of Law and Justice Jahangirnagar University Jahangirnagar University Preeti Kana Sikder Department of Law and Justice Jahangirnagar University Published by Jahangirnagar University Savar, Dhaka-1342, Bangladesh © Jahangirnagar University ISSN: 2664-1054 Printed by: Momin Offset Press, Dhaka-1205 Price: Taka 200 q US $ 5 Jahangirnagar University Journal of Law © Jahangirnagar University Volume VIII: 2020 Published: 30 November 2020 Contents S M Masum Billah Testing Constitutional Metaphors: Some 1 - 27 Insights from Bangladesh Md. Rabiul Islam Racial Dichotomy to Escalate 29 - 46 Discrimination: An Account of Legal- historiography in Colonial India Moha. Waheduzzaman Measuring Constitutional “Laws” and 47 - 77 “Conventions” in Same Parlance: Critiquing the Idrisur Rahman Tapos Kumar Das The Positive Complementarity: An 79 - 93 Alternative Approach for the ICC’s Engagement Preeti Kana Sikder Medical Waste Management and 95 - 112 Processing System in Post-COVID Bangladesh: A Legal Analysis Md.