Browsing by Subject "State"

Now showing 1 - 5 of 5

Open Access
Book Review: “Maoists and Other Armed Conflicts”, Anuradha M.Chenoy and Kamal A.Mitra Chenoy, Penguin Books, New Delhi, 2010.
(University of North Bengal, 2012-03) Tamang, Dipti
This book gives a very well documented and a different insight of the idea of conflicts, militarisation and security issues. It seeks to move away from the homogenised, mainstream idea of nation and to look at the different aspects of nation building that has resulted in the different parts of the country actually being in a perpetual state of conflict. It looks at the multi-dimensional aspect of conflict and the state’s approach to dealing with these aspects. The broad conclusion remains that democratic decentralisation and democratisation of the security approach is the only political solution to addressing and resolving these conflicts.
Open Access
Duties or Rights: Should Duties Trump over Rights?
(University of North Bengal, 2023-03) Sharma, Ajay Kr.
Narrative is emerging in India that appears to be giving primacy to the fundamental duties of the citizens over their fundamental rights. This article attempts to understand and flesh out the significance of these two, their relationship, and the interplay between them, as contextualised in our Constitutional scheme, with the help of various Supreme Court decisions. It indulges in a discussion on the pragmatic functional relationship between Parts III, IV, and IV-A of the Constitution. It also brings various significant perspectives on the ‘right-duty’ relationship to the fore, to objectively appreciate the primary importance of the fundamental rights of the citizens and the State’s duty to preserve and protect the same. It also emphasises on the importance, weighty role, and the constitutional obligations of the higher courts in preserving the Constitution and the rule of law, by providing effective redress to the aggrieved citizens who bring valid claims of their fundamental rights violations by the State organs and instrumentalities.
Open Access
Judicial Independence and Impartiality: A Sinking Belief
(University of North Bengal, 2020-09) Naveed Naseem; Qayoom, Shaista
For efficient working of a republican setup rooted totally on Rule of law, an unbiased and impartial judiciary is indispensable. The percept of judicial independence and impartiality has brought greater significance in the countries with written constitutions, where the executive has been conferred with wide authority to sprint the government and the likelihood of abuse of such power is considerably high. In a country like India where judiciary is regarded as the watchdog of democracy, it undoubtedly becomes essential that judges in their individual capacities and the judiciary as a whole are unbiased and neutral of all interior and exterior influences in order to guard and shield the philosophical and conceptual phrases used in the preamble of the Indian Constitution. Besides, an impartial and independent choice mechanism is a sure safeguard for ensuring that persons with dubious integrity do not occupy high judicial offices, thereby enhancing public’s have faith and self assurance in justice delivery mechanism of the country. Considering the significance which an unelected judiciary wheels in our system, the screening of judges to man the superior courts cannot be confined to mere technical and professional competence and their approaches and philosophies have to be screened extensively. The paper attempts to reflect the significance adhered to the principle of independent and impartial judiciary and the urgency to defend and hold such standards earlier than its dimensions turn into just indistinct and academic concepts. The continuous government stalling in the appointment of judges to the Superior Courts, nominating judges to political offices and occasionally unscrupulous conduct by some judges in the recent past, where judiciary on most part seemed to side with the executive, has raised questions on independent and impartial identity of judiciary. Should we permit the constitutional democracy to live to tell the tale or the authoritarian rule to be allowed is these days the important query before the masters of the country.
Open Access
KINGS AND CULTS IN THE LAND OF KAMAKHYA UP TO1947 : A Study on Religion, Power and State
(University of North Bengal, 2014-03) Sarma, Gopesh Kumar; Sarkar, Ichhimuddin
Open Access
Rethinking Kosli Identity: Language, Literature and Culture of Western Odisha
(University of North Bengal, 2018-03) Kumar, Tila
Western Odisha’ once upon a time, formed a part of the ancient Koshal kingdom having its distinctive history, culture and unique salient features. The proponents of the separate Koshal state movement which is going on in the western part of Odisha have been mobilizing people and spearheading their movement along such a historic path so as to bring back their golden past and to preserve, protect and promote their rich cultural heritage. The people of western Odisha living in as many as eleven different districts not only ascertain their common ancestry but also share their common fate of being backward and underdeveloped due to ‘internal colonialism’ including state apathy and ‘coastal conspiracy’. Nevertheless, they are struggling and mobilizing forcefully to deconstruct their stigmatized identity and asserting today a unique ‘Kosli identity’, which is increasingly being recognized world over. And it is this ‘Kosli identity’ - which the leaders of the Koshal movement are using to garner people’s support and galvanize Kosli consciousness and ‘Kosli nationalism’ - the emblematic chord of the demand for a separate Kosal state. It is, therefore, that we discuss in the present article, some of the significant markers of what constitute Kosli identity in terms of a) Kosli language and literature and b) Kosli culture.