{"id":18578,"date":"2019-12-12T10:33:30","date_gmt":"2019-12-12T05:03:30","guid":{"rendered":"http:\/\/www.jgls.edu.in\/?page_id=18578"},"modified":"2020-09-30T13:03:22","modified_gmt":"2020-09-30T07:33:22","slug":"volume-3-issue-1-2012","status":"publish","type":"page","link":"https:\/\/jgu.edu.in\/jgls\/jglr\/volume-3-issue-1-2012\/","title":{"rendered":"VOLUME 3, ISSUE 1, 2012"},"content":{"rendered":"\t\t
VOLUME 3, ISSUE 1, 2012<\/p>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
Issue Editors: <\/span>Aniruddha Jairam, Amit Bindal<\/span><\/p>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t Editor\u2019s Foreword<\/strong> (PDF<\/a>)<\/span><\/p><\/p>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t ARTICLES<\/strong><\/span><\/span><\/p> 1. \u2018Faith\u2019 in Law \u00a0 \u00a0 \u00a0Ratna Kapur \u00a0<\/p> 2. Constitution as Fundamental Law: Preserving its Identity with Change<\/strong> \u00a0<\/p> 3. Constitutional Right to Access to Basic Amenities: Perspectives on Limits of Law in Social Empowerment<\/strong> \u00a0<\/p> 4. Public Health Priority: Hazards of Tobacco Consumption, Legal Response and the need for its effective implementation<\/strong> \u00a0<\/p> 5. Judicial Independence: Is it Threatened? <\/strong> \u00a0<\/p>
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\u00a0 \u00a0 \u00a0Article (PDF<\/a>) | [expand title=”Abstract”]This article focuses on the appropriation of \u2018faith\u2019 as a legitimate right under the emerging discourse of secularism endorsed by the Hindu Right. This is reflected in the Ayodhya decision which strengthens such redefining of the meaning of the right to freedom of religion in majoritarian terms. The Ayodhya judgment has been analyzed and critiqued as appropriating the discourse of formal equality and religious tolerance to provide an essentialist picture of Indian secularism favoring the agenda of the right wing Hindu nationalists. It argues in favour of a robust right to freedom of religion in a way that defends the rights of worship of Muslims, and in the process rescues one of the central planks of Indian secularism.
Ratna Kapur, Jindal 91视频 Law Review, Volume 3, Issue 1, September 2011, 1:20 ISSN 0975-2498.[\/expand]<\/p>
\u00a0 \u00a0 Mahendra Pal Singh
\u00a0 \u00a0 Article (PDF<\/a>) | [expand title=”Abstract”]The article scrutinizes the effect of changes in the Constitution, by way of constitutional amendments, to the identity of the Constitution. Mapping the historical perspective of the constitutional amendments under the Constitution of India, the author revisits the debates on the doctrine of basic structure expounded by the Supreme Court of India. It critically reflects upon the basic structure doctrine as an aspect of constitutionalism and argues that the invocation of the doctrine of basic structure as the last resort reflects the political stability and maturity of the Constitution.
Mahendra P. Singh, Jindal 91视频 Law Review, Volume 3, Issue 1, September 2011, 21:38, ISSN 0975-2498.[\/expand]<\/p>
\u00a0 \u00a0Parmanand Singh
\u00a0 \u00a0Article (PDF<\/a>) | [expand title=”Abstract”]This article calls into question the excessive faith placed in purely legal responses to human suffering in the Indian context. The author seeks to determine the extent to which law, in both its institutional and doctrinal forms, can address social ills in India. The article also discusses international context and various human rights instruments to draw parallels with the Indian experience. The author critically analyses the responses the Indian Supreme Court has made to questions of addressing basic rights under the framework of Article 21 and the Right to Life of the Indian Constitution. The author concludes by saluting the \u2018rights\u2019 based discourse introduced by the Indian Supreme Court to economic development narratives in the era of globalization, while also advocating a stronger \u2018positive duties\u2019 based approach for the legislature and executive.
Parmanand Singh, Jindal 91视频 Law Review, Volume 3, Issue 1, September 2011, 39:60, ISSN 0975-2498.[\/expand]<\/p>
\u00a0 \u00a0 Ajay Pandey
\u00a0 \u00a0Article (PDF<\/a>) | [expand title=”Abstract”]Consumption of tobacco and exposure to tobacco smoke cause death, disease and disability. India has a strong legal regime to regulate tobacco activity and to protect the rights of non-smokers. It, inter alia, prohibits smoking of tobacco in public places. Landmark court decisions have held that smoking of tobacco in public places is unconstitutional and violates the right to life of non-smokers. The law, however, is not implemented effectively. Participation of the general public is critical in ensuring effective implementation of the law. Creative use of the Consumer Protection Act is a way to secure participation of the general public in effective implementation of the Tobacco Act.
Ajay Pandey, Jindal 91视频 Law Review, Volume 3, Issue 1, September 2011, 61:86, ISSN 0975-2498.[\/expand]<\/p>
\u00a0 \u00a0 J.S. Verma
\u00a0 \u00a0Article (PDF<\/a>) | [expand title=”Abstract”]This article seeks to present an insider\u2019s account of the vexed questions of institutional design in Indian law. Drawing upon the lived experiences of the author, it discusses the ever evolving relationship between the judiciary and other state organs, primarily executive and legislative, in the Indian constitutional context. The article presents the historical background of the institutional conflicts that have arisen in India. The basic contradictions between the twin principles of \u2018independence\u2019 and \u2018accountability\u2019 are highlighted and discussed, especially in the context of how judges actually respond to such questions in the case law. The author concludes by arguing for a \u2018self-generated accountability\u2019, using the specific example of the Restatement of Values in Judicial Life, issued by the Indian Supreme Court in 1997.
J.S. Verma, Jindal 91视频 Law Review, Volume 3, Issue 1, September 2011, 105:116, ISSN 0975-2498.[\/expand]<\/p>