UNIT-I Classification of Constitution and Governments. Definition and meaning of M. P. Jain- Indian Constitutional Law- Relevant Volume. Reference Books. M P Jain is the author of Indian Constitutional Law ( avg rating, 15 ratings, 0 reviews, published ) and M P Jain & S N Jain's Principles of Admi. ed to all those who strive to sec a better and brighter India. E. ASIRVATHAM. IND! AN CONSTITUTIONAL LAW; By M.P. JAIN, Bombay,. N.M. Tripathi Private Ltd.

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M. P. Jain*. I. INTRODUCTION. As USUAL, the provisions concerning fundamental rights in the Indian. Constitution continue to be a prolific source of case-law. Constitutional Law - Download as PDF File .pdf), Text File .txt) or read online. Constitutional M.P. Jain, Indian Constitutional Law (5th ed., ) 3. Mahendra . - download M P Jain Indian Constitutional Law book online at best prices in India on Read M P Jain Indian Constitutional Law book reviews.

Schunk- Foundation of Administrative Law 2. Ivor Jennings- Law and the Constitution 4. Schwartz and Wade- Legal Control of Government 5. Basu- Comparative Administrative Law 7. Jain and Jain- Principles of Administrative Law 8. Shukla and S. Concept of Legal education.

Foundation of legal education- Meaning, object and Domain of legal education. Albert J. Mohan Gopal ed - Prof. New Delhi 8. Sources of Law-. Custom- Definition, Nature, Requisites of a valid custom, Relation between custom and prescription, Theories regarding transformation of custom into Law.

Rights and Duties- Theories of legal rights, Essential elements Classification and categorization of rights, Types of rights, Correlation of rights with duties, Generation of rights, The basis of rights. Obligation and duty. Title - Definition and Nature, Classification. The concept of justice- Meaning, nature and varieties of justice-Marx, Austin, Allen. The basis of justice- the liberal contractual tradition, the liberal utilitarian tradition, the liberal moral tradition, the socialist tradition.

Law and morality References : 1. Child labour and exploitation, Children and education. Modernization and the Law Modernization as a value- Constitutional perspectives reflected in the fundamental duties, Modernization of social institutions through law- Reform of family law, Industrial Reform- Industrialization v.

Socialist thought on law and justice- An inquiry through constitutional debates on the right to property. Indian Marxist critique of law and justice. Naxalite movement- causes and cure References : 1.

Government of India UNIT-IV Distribution of Powers Distribution of legislative powers between centre and states Distribution of administrative powers between centre and states Distribution of financial powers between centre and states Amendment of the Constitution References : 1. New challenges before the Indian judiciary.

Independence of judiciary and the nature of judicial process. Appointment and transfer of judges and its effect on independence of judiciary. Judicial activism. Reasons in defense of judicial activism. Constitution of India and Judicial activism. Role played by the Supreme Court of India. The tools and techniques of the judicial activism. Need for care and caution. Decision making in the Supreme Court of India. Nature of participation- dissent, concurrence, unanimity and voted with majority.

Indegenous legal system of uttarakhand- concept, evolution, prospect and challenges References : 1.

Administrative Tribunals- Definition, characteristics. Privileges of Administration- Privilege to withhold the documents, binding nature of statutes, promissory estoppel.

Liability under Contract. Public Undertakings- Public enterprises, Statutory public corporations, control of public corporations. Constitutional Protection to Civil Servants- Recruitment and condition of service, Tenure of office- Doctrine of Pleasure, Constitutional safeguards to civil servants, Application of Article 2 to dismissal and removal, Reasonable opportunity of being heard.

Kinds of research, Socio-legal research, Doctrinal and non-doctrinal research, Computerized research, Relevance of empirical research. Criteria of good research.

Problems of Researchers in India. Procedural guidelines regarding the research process. Selection of the research problem- different steps. Survey of related literature- Legislative material, juristic writing and case material.

Formulation hypothesis.

LexisNexis Outlines of Indian Legal & Constitutional History by Prof. M.P. Jain

Selection of sample. Research design. Collection of data.. Test of hypothesis. Preliminary, main text. Conclusion and observation. Mechanics of writing a research report. Practical aspect. Physical design.

Treatment of quotation, Footnotes, Documentation style, Abbreviation, Bibliography. Application of computer in research. Price, H. Binter and Bysiewiez - Effective Legal Research, Pauline V.

Young - Scientific Social Survey and Research, William J. Grade and Paul K. Hyman- Interviewing in Social Research, 5. Payne- The Art of Asking Questions, Erwin C. Surrency, B. Flelf, and J. Crea- AGuide to Research 7. Morris L. Should there be an autonomous Corporation? Effect of television on people, Government policy, Internal scrutiny of serials, Judicial Review of Doordarshan decisions : Freedom to telecast.

Censorship under the Cinematograph Act UNIT-IV: Constitutional Restrictions Radio and television subject to law of defamation and obscenity, Power to legislate - Article read with the seventh schedule, Power to impose tax - licensing and license fee. Suggested Readings - 1. Jain, Constitutional Law of India, Wadhwa 2.

Justice E. Basu, The Law of Press of India 6. Sathe - Administrative Law 2. Jagdish Ul - Handbook of Electricity Law 4. Bhaumic - The Indian Railways Act 5. Bakshi - Television and the Law 6. Custodial violence and custodial deaths. Judicial attitude. Law Reforms- proposed and pending. Akbar - Riots After Riots. Baxi - The Right to be Human 3. Levin - Human Rights 4. Kazmi- Human Rights 5. Gromley - Human Rights and Environment 6.

I do not burden this text with any detailed enumeration. The extraordinary powers to redress violation of fundamental rights have achieved, here summarily put, the following results.

First, a stunning achievement which refers to administrative law jurisprudence directed to combat and control uses of discretionary powers; second, wide adjudicatory surveillance over legislations accused of violating fundamental rights or the principle and detail of Indian federalism; third, the enormous achievement fashioned by the Supreme Court of India giving its inaugural, and awesome powers of invigilation over the exercise of plenary amendatory powers via the doctrine of the basic structure and the essential features of the Constitution.

These powers now stand further routinized to bring home micro-accountability for the exercise of everyday legislative, executive, and administrative exercises of power under adjudicatory surveillance. This belief and practice combine to produce a distinctive type of "constitutional faith" to borrow a fecund expression of Sanford Levinson, which further enduringly renders legitimate expansive judicial review.

In the moment of making the constitution at least three salient justice- of- rights type questions stood posed. First, if promotion and protection of human rights and fundamental freedoms entailed maximal deference to full ownership over the means of production as the very foundation of freedom, how may "just" social redistribution ever occur?

Second, how may fullest deference to communitarian rights be reconciled with the individual rights of persons who wish to belong to a community and yet also protest against individual rights violation within privileged acts of group membership? Third, how far should go group-differentiated rights that privilege programmes of affirmative action, not just extending to educational and employment quotas, but also to legislative reservations for the scheduled castes and tribes, as ways of righting past and millennial wrongs?

These three interlocutions also define the constitutional conceptions of "development". If one were to take the Preamble and the Directive Principles of State Policy at all seriously, development signifies the disproportionate flow of state and societal resources that enhance real-life benefits for the Indian impoverished masses that Babasaheb Ambedkar luminously and poignantly described as India's atisudras, the social and economic proletariat. Much before the right to development-based notions of governance and development arrived on the scene of global ROL, the Indian constitution had already codified this understanding.

In any event, the "justice of rights" problem has been variously recurrent in the Indian experience and I offer to view below some vignettes. It is not a constitutional court, though much of its business relates to issues concerning the enforcement of fundamental rights. The law laid down by the Court is declared to be binding on all courts throughout the territory of India and by necessary implication upon citizens and state actors.

Further, not merely all authorities of the state are obligated to aid the enforcement of the apex judicial decisions but also the Court is empowered to do "complete justice", an incredible reservoir of plenary judicial power, which it has used amply in the past two decades.

Legislative overruling of apex judicial decisions occurs but infrequently; however, an extraordinary device called the 9th Schedule has been invoked since the adoption of the Constitution to immunize statutes placed in it from the virus of judicial review, even when ex facie the legislations inscribed therein remain fundamental rights violative.

In a recent decision, the Supreme Court has assumed powers of constitutional superintendence over the validity of laws thus immunized.

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In the early years, the Court took the view that although the Directives cast a "paramount" duty of observance in the making of law and policy, their explicit non- justiciability meant that the rights provisions overrode the Directives. First, the Supreme Courts began to deploy the Directives as a technology of constitutional interpretation, favouring an interpretative style that fostered, rather than frustrated, the Directives. Second, in its more activist incarnation since the eighties, the Court has begun to translate some Directives into rights.

Perhaps, a most crucial example of this is the judicial insistence that the Directive prescribing free and compulsory education for young persons in the age group is a fundamental right. Simultaneously with the adoption of the Constitution, Indian Justices strove to erect fences and boundaries to the power of delegated legislation processes by which the executive power actually legislates.

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They conceded this power but with a significant accompanying caveat: the rule-making power of the administration ought not to usurp the legislative function of enunciation of policy, accompanied by prescriptive sanctions.

Thus came into being the "administrative law explosion", where Justices did not so much invalidate delegated legislation but vigorously policed its performance. The executive may make rules that bind; but courts made it their business to interrogate, and even invalidate, specific exercises of administrative rule-making. A stunning array of judicial techniques over the review of administrative action has been evolved. Justices asserted judicial review power over the constitutionality of legislative performances.

Laws that transgressed fundamental rights or the federal principle and detail activated the "essence" of judicial review power. Whenever possible the Supreme Court sought to avoid invalidation of laws; it adopted the standard repertoire of "reading down the statutory scope and intendments so as to avoid conflict and by recourse to the peculiar judicial doctrine of 'harmonious construction".

But when necessary, enacted laws were declared constitutionally null and void.

And even when resuscitated by legislative reaffirmation, they were re-subjected to the judicial gauntlet of strict scrutiny.

The instances of judicial invalidation of statutes far exceed in number and range the experience of judicial review in the Global North. Going beyond this, Indian Justices have assumed awesome power to submit constitutional amendments to strict judicial scrutiny and review.

They performed this audacious innovation through the judicially crafted doctrine of the Basic Structure of the Constitution, which stood, in judicial, and juridical discourse, as definitive of the "personality" defined, from time to time, as the "essential features" of the Constitution.

They proclaimed the "Rule of Law", "Equality", "Fundamental Rights", "Secularism", "Federalism", "Democracy" and "Judicial Review" as essential features of the Basic Structure, which amendatory power may not ever lawfully transgress. Initially articulated as a judicial doctrine crafting the limits of amendatory power, the regime of the Basic Structure limitation has spread to other forms of exercise of constitutional, and even legislative, powers.

The ineffable adjudicatory modes also mark a new and a bold conception: "constituent power" the power to remake and unmake the Constitution stands conjointly shared with the Indian Supreme Court to a point of its declaring certain amendments as constitutionally invalid.

This judicial, and juridical, production then momentously because Justices undertook the task of protecting the constitution against itself! The "comparative" ROL discourse so far wholly passes by this diffusion.

To conclude this narrative, the appellate courts under the leadership of the Supreme Court had devised an extraordinary form of jurisdiction under the rubric of social action litigation [SAL] still miscalled "public interest litigation". This new judicial disposition, or Dispositif, had its share of acclaim as well as criticism. The acclaim registers the emergence of the Supreme Court itself as an integral part of the new social movement aspiring to re-democratize the Indian state and governance.

The criticism takes in the main two principal forms. First, the agents and mangers of governance cry "judicial usurpation". This outcry has a hollow ring indeed because in reality SAL assumes many labours and functions that increasingly coalitional regime political actors simply can no longer manage; put another way, the Supreme Court assumes the tasks of national governance, otherwise appropriately assigned to democratic governance. The expectational overload here remains diverse and staggering, respecting no limits of the capacity, opportunity, and potential of judicial power as an arm of national governance.

Constitutional Law

Not merely have the impoverished been forced to cheat their ways into meagre survival, "jurispathic" to evoke Robert Cover's phrase dimensions of the extant Indian ROL have continually worked new ways of their disenfranchisement. These stories of violent social exclusion may be told variously.

I have recently narrated the institutionalisation of the "rape culture" in the context of Gujarat violence and violation. Mahasweta Devi's Bashai Tudu speaks to us about the constitutive ambiguities of the practices of militarized 'rule of law' governance and resistance in contemporary India.

Rohintoon Mistry's A Fine Balance educates us in the constitutional misery of untouchables caught in the ever-escalating web of "constitutional" governance. These two paradigmatic literary classics abundantly invite us to pursue a distinctively Indian law and literature genre of study, outside which it remains almost impossible to grasp the lived atrocities of Indian ROL in practice.

These also make the vital point with the remarkable Indian Subaltern Studies series that the pathologies of governance are indeed normalizing modes of governance as a means of controlling to evoke Hannah Arendt's favourite phrase "rightless" peoples. The jurispathic attributes of the Indian Rule of Law at work can be described best in terms of social reproduction of rightlessness.

Indian judicial activism begins to make and mark a modest reversal.

The Indian story at least situates the significance of the forms of creationist South narratives for contemporary Rule of Law theory and practice. Time is surely at hand for constructions of multicultural despite justified reservation that this term evokes narratives of the Rule of Law precisely because it is being loudly said that "history" has now ended, and there remain on horizons no meaningful "alternatives" to global capitalism.

The authentic quest for renaissance of the Rule of Law has just begun its world historic career. ROL epistemic communities have choices to make. Our ways of ROL talk may either wholly abort or aid to a full birth some new ROL conceptions now struggling to find a voice through multitudinous spaces of people's struggles against global capitalism that presage alternatives to it.

We need after all, I believe, to place ourselves all over again under the tutelage of Michael Oakeshott. That virtue of the "whole" may not any longer legitimate Euro American narratology. Rather the task remains re-privileging other ways of telling ROL stories as a form of participative enterprise of myriad "subaltern" voices. NOTES 1. See also G. See, for this distinction variously elaborated, L. George ed. A valuable comparative beginning is made by a group of scholars: see, R.

The present essay substantially extends and revises my contribution to the volume. They are- 1 Are we to confine the forms to case where the federal principle has been applied completely and without exception?


It comprises a complex government mechanism for the governance of the country. It seeks to draw a balance between the forces working in favour of concentration of power in the centre and those urging a dispersal of it in number of units. The framer of Indian Constitution attempted to avoid the difficulties faced by the federal constitution of U.

Thus our Constitution contains novel provisions suited to the Indian conditions. The doubt which emerges about the federal nature of the Indian Constitution is the powers of intervention in the affairs of states given to the Central Government by the Constitution. In the words of D.

The Indian Constitution is not only regarded as federal or unitary in the strict sense of terms. It is often defined to be quasi federal in nature also.Do you consider it a fit case for invoking Article of the Constitution of India?

Selection of the research problem- different steps. The President of India is ordinarily bound by the advice of the Council of Ministers Discuss the situations in which the advice of the Council of Ministers, if any, has to be ignored by the President?

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