An Omnibus comprising Constitutional Questions in India: The President, Parliament and the States and Citizens’ Rights, Judges and State Accountability
An Omnibus comprising Constitutional Questions in India: The President, Parliament and the States and Citizens’ Rights, Judges and State Accountability
This omnibus brings together two highly acclaimed volumes of essays written by India's leading constitutional expert and political commentator, A.G. Noorani. The volume also includes nine new essays that examine key issue areas that emerged in the debate on institutions and citizens' rights later. The essays explore the Indian Constitution and its basic structure, Parliament and the making of foreign policy, the issue of lobbying and the need for appropriate legislation, as also ethical codes for parliamentarians and ministers. Further, the omnibus includes a discussion of Courts and their powers of contempt, journalist's rights and freedom of information, in addition to an analysis of the choice of candidates by political parties. Written in the author's trademark lucid style, Constitutional Questions in India scrutinizes almost every constitutional problem that arose in the last two decades. The essays in this volume deal with issues concerning the President, Parliament, the states, the Judiciary, the Civil Services, the Election Commission, the armed forces and the process of accountability on which the constitutional machinery is based. Citizens' Rights, Judges and State Accountability follows the discussion of the executive and legislative branches with a discussion of India's institutions, the Judiciary, Civil Services and the elections, and various commissions of enquiry constituted by the government. It is supplemented with insights into the freedom of information and the citizen's rights to know, and specific articles on the Constitution, parliamentary resolutions, foreign policy, and the armed forces. While highlighting the process of accountability across these institutions, the volume demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice.
The book is an informed and engaging narrative about twelve important trials of political figures in Indian history which took place in the period between 1775 and 1947.
On 26 January 1950, the Constitution of India came into force with a unique provision—Article 370. The special status accorded to the state of Jammu and Kashmir in the article meant that its people lived under a different set of laws while being part of the Indian Union. Alternating deftly between history and politics, A.G. Noorani examines a wide range of documents pertaining to Article 370. He incisively analyses the implications and consequences of the article for the constitutional democracy of the state and the nation. From Jammu and Kashmir's accession to India in 1947 to the various negotiations thereafter; Sheikh Abdullah's arrest to the framing of the Constitution of Jammu and Kashmir and the replacement of Sadar-i-Riyasat, this book impeccably documents the little-known constitutional history of the state. Noorani underscores the politics behind the gradual erosion of Article 370 and the need for restoration of autonomy. Critically analysing the various judgments relating to this constitutional arrangement, he suggests a framework for resolving the 'Kashmir problem'. Collecting together rare, often unseen and unnoticed, letters, memoranda, white papers, proclamations, and amendments, this book will be an indispensable resource on Kashmir.
Boundary issues have always occupied a central focus in the relations between India and China. Highlighting the role of history, policy, and diplomacy, this book traces the origins and development of the India–China boundary problem during the British Raj. A.G. Noorani shows how British efforts to secure a defined boundary in the western sector began immediately after the creation of Jammu & Kashmir in 1846. However, in the eastern sector, such an exercise began only sixty-five years later, when a Chinese threat was perceived. Examining the role of the bureaucracy and diplomatic negotiations, the author presents a nuanced analysis of the treaties and conventions, as well as internal debates between British officials on conflicting policies. Breaking new ground, this book evaluates the relevance of the Indian Independence Act, 1947, and explains how the diplomatic history in the last hundred years shaped the boundary problem between India and China. What was a problem aggravated into a dispute that erupted in 1959. The central thesis is that history had direct relevance to the shaping of a sound policy. Based on archival research and unpublished material, this volume uses twenty-two appendices and fourteen maps to present a unique perspective on a long- standing problem.
This collection of articles, from leading Indian newspapers and periodicals, covers the politically tumultuous years between 1989 and 1999 and scrutinizes almost every constitutional problem that arose in this period.
The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws, continuation of the death penalty, misuse of arrest and preventive detention powers, lack of implementation, and impunity. Through nine incisive essays on both traditional and emerging issues, this volume examines the prevailing imbalance between individual rights and State power. Many laws designed to protect the State do little more than protect State power at the expense of her citizens, directly flouting the Constitution, international law, and democratic principles. The authors critically analyse most of these laws, examining their justifications, background debates, and evolution, along with how they violate constitutional and international law. Taking into account relevant and contemporary comparative case law and developments in international law, this book makes a strong case for bold legal reforms and suggests various measures for improvement.
An Omnibus comprising Constitutional Questions in India: The President, Parliament and the States and Citizens’ Rights, Judges and State Accountability
An Omnibus comprising Constitutional Questions in India: The President, Parliament and the States and Citizens’ Rights, Judges and State Accountability
This omnibus brings together two highly acclaimed volumes of essays written by India's leading constitutional expert and political commentator, A.G. Noorani. The volume also includes nine new essays that examine key issue areas that emerged in the debate on institutions and citizens' rights later. The essays explore the Indian Constitution and its basic structure, Parliament and the making of foreign policy, the issue of lobbying and the need for appropriate legislation, as also ethical codes for parliamentarians and ministers. Further, the omnibus includes a discussion of Courts and their powers of contempt, journalist's rights and freedom of information, in addition to an analysis of the choice of candidates by political parties. Written in the author's trademark lucid style, Constitutional Questions in India scrutinizes almost every constitutional problem that arose in the last two decades. The essays in this volume deal with issues concerning the President, Parliament, the states, the Judiciary, the Civil Services, the Election Commission, the armed forces and the process of accountability on which the constitutional machinery is based. Citizens' Rights, Judges and State Accountability follows the discussion of the executive and legislative branches with a discussion of India's institutions, the Judiciary, Civil Services and the elections, and various commissions of enquiry constituted by the government. It is supplemented with insights into the freedom of information and the citizen's rights to know, and specific articles on the Constitution, parliamentary resolutions, foreign policy, and the armed forces. While highlighting the process of accountability across these institutions, the volume demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice.
The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws, continuation of the death penalty, misuse of arrest and preventive detention powers, lack of implementation, and impunity. Through nine incisive essays on both traditional and emerging issues, this volume examines the prevailing imbalance between individual rights and State power. Many laws designed to protect the State do little more than protect State power at the expense of her citizens, directly flouting the Constitution, international law, and democratic principles. The authors critically analyse most of these laws, examining their justifications, background debates, and evolution, along with how they violate constitutional and international law. Taking into account relevant and contemporary comparative case law and developments in international law, this book makes a strong case for bold legal reforms and suggests various measures for improvement.
Boundary issues have always occupied a central focus in the relations between India and China. Highlighting the role of history, policy, and diplomacy, this book traces the origins and development of the India–China boundary problem during the British Raj. A.G. Noorani shows how British efforts to secure a defined boundary in the western sector began immediately after the creation of Jammu & Kashmir in 1846. However, in the eastern sector, such an exercise began only sixty-five years later, when a Chinese threat was perceived. Examining the role of the bureaucracy and diplomatic negotiations, the author presents a nuanced analysis of the treaties and conventions, as well as internal debates between British officials on conflicting policies. Breaking new ground, this book evaluates the relevance of the Indian Independence Act, 1947, and explains how the diplomatic history in the last hundred years shaped the boundary problem between India and China. What was a problem aggravated into a dispute that erupted in 1959. The central thesis is that history had direct relevance to the shaping of a sound policy. Based on archival research and unpublished material, this volume uses twenty-two appendices and fourteen maps to present a unique perspective on a long- standing problem.
On 26 January 1950, the Constitution of India came into force with a unique provision—Article 370. The special status accorded to the state of Jammu and Kashmir in the article meant that its people lived under a different set of laws while being part of the Indian Union. Alternating deftly between history and politics, A.G. Noorani examines a wide range of documents pertaining to Article 370. He incisively analyses the implications and consequences of the article for the constitutional democracy of the state and the nation. From Jammu and Kashmir's accession to India in 1947 to the various negotiations thereafter; Sheikh Abdullah's arrest to the framing of the Constitution of Jammu and Kashmir and the replacement of Sadar-i-Riyasat, this book impeccably documents the little-known constitutional history of the state. Noorani underscores the politics behind the gradual erosion of Article 370 and the need for restoration of autonomy. Critically analysing the various judgments relating to this constitutional arrangement, he suggests a framework for resolving the 'Kashmir problem'. Collecting together rare, often unseen and unnoticed, letters, memoranda, white papers, proclamations, and amendments, this book will be an indispensable resource on Kashmir.
IN THIS VOLUME • Command Failures – 1947-1990: A Disheartening Continuum • South Asian Security — Lt Gen Mathew Thomas • To End with a Whimper — AP VENKATESWARAN • Pakistan’s Complicity in Terrorism in J&K: The Evidence and the Law — AG NOORANI • Defence Expenditure – Some Issues — GC KATOCH • Military Expenditure and the Poor — Air Marshal Vir Narain • The Resource Crunch & Defence Management: Sustaining and Modernising the Army in Keeping with Security Commitments — Lt Gen KK Hazari • India at the Crossroads: Issues in the Articulation of a Viable Defence Strategy — Sudhir K Arora • Nuclear Developments: Weapons and Procurement of Fissile Material — Amrita Hazarika • Operation Rhino: A Case Study — Pravin Sawhney • Some Personal Thoughts on Command — Lt Gen Mathew Thomas • The Army and the Change: Criticism and Rebuttal — Lt Gen SC Sardeshpande • Airborne Forces: Part II AB Division in its Classic Role — Maj Gen Afsir Karim • Employment of Military Helicopters: Part II The Indian Experience & Compulsions — Brig Vijai K Nair • Weapons Overview: The Artillery Division — Maj Shankar Bhaduri VIEWPOINT • What Ails the Army’s Officer Class? • Repercussions on Frequent Deployment of Armed Forces in Aid to Civil Power
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