Indian Journal of Law and Justice

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Indian Journal of Law and Justice (ISSN : 0976-3570 ) is a peer-reviewed Journal published in March and September, by the Department of Law, University of North Bengal, Darjeeling, West Bengal, India. The Indian Journal of Law and Justice are intended to provide a forum for analysis and research on various aspects of law. The IJLJ also invites Research papers, Articles and Technical notes/comments on law and law related issues. For further details see Focus and scope.

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Now showing 1 - 6 of 6
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    Crisis and Response of Indian Federalism-Assessing the Federalism through the Prism of Constitution and Democracy
    (University of North Bengal, 2023-09) Nagarwal, Narender
    research paper investigates the profound claim of India as nation having cooperative federalism. The most striking feature of Indian federalism is the concentration of power at the central level as well as the decentralization of certain powers to provincial units. Nehru envisioned a cooperative federalism for India's government structure, which postulates a multifaceted mechanism to maintain its territorial integrity as well as its democratic and plural character. The federal arrangement is constitutionally protected, and certain subjects, areas, and residuary powers are predominated by the union. The contentious issue of present discourse is whether India’s cooperative federalism exists or lost its distinctiveness. The main task of this research paper is to examine how the politics has endangered the core tenets of Indian federalism thereby pushed the nation into totalitarian or majoritarian state. The massive abuse of the authorities, institutions and repeated dents to fiscal federalism are the area of concern. The main political battle is not about who is supreme-central government or regional government but whether Nehruvian model of cooperative federalism will survive or not. The regional government have been struggling to have equitable share in the resources, finance, and legislations. Many regional governments have steadily outspoken on the subject of undermining their power and central government authoritarianism. The tribulation journey of Indian federalism from cooperative to confrontationist poses serious questions about the future of Indian federalism and what would be the future of many territories, states, and centrally administered regions in India if this confrontationist approach continues. The primary base of the present research is to critically examine the political development of last few years and how these events have undermined the constitutional ethos apart from crisis of federalism”
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    South- Asian Economic Constitutionalism and the (Re) Building of Constitutional Order in South Asia
    (University of North Bengal, 2023-03) Ukey, Dilip; Variath, Adithya Anil
    The appellation ‘South Asia’ represents a vibrant set of post-colonial geographies that are witnessing transformative constitutional churning in their socio economic and political structures. Constitutional law studies about South Asian societies have generated interest in South Asian constitutionalism and how the region is tackling unstable democratic patterns. In this context, South Asian States have changed, amended and replaced their existing constitutional structures and forms of governance. In the recent past, the deeply divided region has witnessed two important crises, the 2021 Taliban offensive in Afghanistan and the 2022 Sri Lankan political crisis. Both crises despite their structural dissimilarities trace some parallelism in the factors that incited the democratic and non-democratic responses, i.e., lack of political consensus on economic governance and economic mismanagement by democratically elected governments. Besides its economic impact, the lack of constitutional order in managing the economy has also trickled down political repercussions. The crisis reflects the role that an accountable government should play in the market. Despite constitutional structures for economic governance and the establishment of government institutions, South Asian states are witnessing the withering of institutional mechanisms and delegitimization of rule of law. The paper argues for a need for the South Asian States to develop formative practices that focus on accountable constitutional governance of the economy and strengthening financial institutions. While South Asian constitutions have kept economic actions by the states outside the purview of judicial and public scrutiny, the lack of accountability and cynical manipulation of independence of economic institutions by the authoritarian leaders raises questions on the constitutional limits of the unbridled power and domination by the elected leaders. In this context, the paper explores how strengthening the pillars of Economic Constitutionalism can lead to the creation of a stable constitutional order in South Asia.
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    Pros & cons of Triple Talaq: post Shayara Bano judgment
    (University of North Bengal, 2022-09) Singh, Amrita; Verma, Ravi Kant
    “We are the nation which proudly professes about it being the largest democracy and ensures to both men and women equal rights meanwhile it claims itself to be a secular state. However, under all these pretty claims there lies heinous and discriminatory laws which jeopardize the lives of many people who are in most cases unable to earn a living for themselves. The different courts in India have passed various judgements in the cases of Triple Talaq which is not helping the Muslim women as well. Triple Talaq, a patriarchal practice should be banned because first, it is unconstitutional; secondly, it leaves the women who are divorced and dependent in acute poverty; thirdly, it is un-Quranic.
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    Approach and Contribution of Justice Hidayatullah to the Freedom of Speech and Expression
    (University of North Bengal, 2021-03) Pandey, Harish Chandra
    Justice Hidayatullah spoke with rare courage on delicate issues including restrictions of freedom of speech and expression in the interest of democracy, morality and contempt of court. In his opinions he consistently insisted upon the fullest protection being extended to individual rights. He delved deep into the foundation of the law and analyzed the underlying principles with clarity and precision. By his judgments he made priceless contribution to legal literature especially in the area of freedom of speech and expression.
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    Traversing the Pathways of Citizenship: A Voyage of Contemporary Legal Regime of India
    (University of North Bengal, 2021-03) Nagarale, Sonia B.
    Citizenship being an indivisible integral of any democratic set warrants a holistic and comprehensive approach. India being a largest democracy of the world has adopted accommodative approach towards its citizenship. Moreover, the constitutional protection conferred upon the citizens and non-citizens have concretized the polity of India. On the backdrop of this, citizenship has been clearly discussed under the constitutional mandate. India as a nation has its citizenship underpinnings traced through prolonged British rule. Since the modern India has been largely unified due to British rule, the constituent assembly while making of the Constitution of India has laboriously deliberated upon nuances of citizenship of India. At the same time, international perspectives on citizenships have also enabled the India to cope up with changing geo-politico-economic scenario of the world. By virtue of constitutional mandate, India has been committed to draw policies having consonance with international legal regime; nevertheless, state sovereignty and the battle of government and public interest has generated a radical wave of discontent towards latest legal development in India pertaining citizenship. Present article takes a cross-section of historical development of citizenship law in India. It also assesses the constitutional mandate and various legal nuances on the touchstone of international legal forefront. On this backdrop present article also analyses the latest development of citizenship law of India, and lately amended bills on the citizenship. The contemporary socio-politico discourse on citizenship laws and National Citizenship Register has also been addressed hereunder. Ultimately, the article encapsulates contemporary development of citizenship regime of India while drawing critical appraisal of public opinion. The governmental as well as social measures having consonance with latest citizenship amendments in India have also been examined on the yardstick of judicial and juristic touchstone. To that effect, article highlights an emerging issue belonging to the India’s Constitution and governance.
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    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.