Department of Law
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The Institution was established as University Law College and was housed in the building of Arts. In the year 2000, it was upgraded to the status of a Department of University of North Bengal with a separate, distinct and prestigious location.
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Item Open Access Judicial Opinion on Whether Personal Law is a “Law” under Article 13 of the Constitution of India(University of North Bengal, 2023-09) Kejriwal, ShrutiIndia is a land of religious pluralism. Every religion has its own set of customs and rituals. Personal law may apply to either a group or an individual. It is applied based on the faith or the religion, which an individual chooses to practice and profess. In India, there have been migrations and invasions by varied foreign rulers, which have led to multiple set of personal laws. Some practices of these religions are discriminatory on the ground of gender. Contemporary India witnesses the upsurge of feminist legal responses on the concerns of gender inequality in religious laws. Beginning from the Constituent Assembly Debates to the formation of the Constitution of India and then the unclear varying judicial pronouncements in relation to the personal laws by the Indian judiciary have made the topic of personal laws dynamic. In this context, it is imperative to understand the concept of personal laws as it prevails today. This article looks into the location of personal laws within the structure of Article 13 of the Constitution of India.Item Open Access Crisis and Response of Indian Federalism-Assessing the Federalism through the Prism of Constitution and Democracy(University of North Bengal, 2023-09) Nagarwal, Narenderresearch 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”Item Open Access Protection against Self-Incrimination – Principles and Practice - A Comparative Analysis(University of North Bengal, 2022-03) Sundaram, Shanmuga; Rajavenkatesan, P.R.L.Application of the rule against self-incrimination is one of the important rights recognized under Article 20(3) in Part III of the Constitution of India. The Supreme Court of India applied this principle in its full force and effect in M.P. Sharma v Satish Chandra.3 However, in some of the later judgments, application of this protection was diluted. The rationale of the judgments for not recognizing this constitutional protection in the later judgments is not convincing. Such a rationale is also contradictory to the principles enunciated by the Supreme Court in other judgments dealing with the rights and liberties of an individual. In United Kingdom, despite the strong demand for dilution or abandoning this protection, the courts have consistently upheld this protection. In United States of America also, this protection is recognized as one of the fine principle developed by the civilized society. Compelling an individual to be a witness against himself demean the dignity of the individual and such compulsion and reliance on it by the courts would have the effect of dispensing with the proof otherwise required for determining the guilt of an accused. In some of the later cases, the Supreme Court of India has recognized the importance of this protection and applied it. Tracing the history of this protection and its application in United Kingdom and United States America would help understanding the underlying principles for this protection. Comparison of the Indian experience with other jurisdiction would provide an opportunity for introspection and consider remedial measures.Item Open Access 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.Item Open Access A Study of the Role of Persuasive Legal Instruments for Protection of Right to Education of Children in India(University of North Bengal, 2020-03) Lepcha, PrernaEducation is one such element of life which is as much as important as food and shelter. It is one of the most vital ingredients for understanding life in general and to do away with all the evils of society. The betterment of the society depends on education as it helps to realise other rights. And when it is guaranteed and is made available as a basic right to an individual then only full realisation of it takes place. Education as a Fundamental Right under Part III of the Constitution of India was not there since its inception, it was provided under the Directive Principles of State Policy where it remained non-justiciable until the year 1992. There are various factors which has played important role in realising education as a fundamental right and making it universal in our country. Therefore, 1992 was the watershed year when right to education travelled from Directive Principle of State Policy to the realm of Fundamental Right. The present study examines the factors that persuaded the Supreme Court of India to dislodge right to education in DPSP and transplant it into Fundamental Right.Item Open Access The Constitution and the Indian Society: A Balancing Transformation(University of North Bengal, 2020-03) Mondal, ChampaLaw and society both are dynamic concepts. The purpose of law is to regulate the conflicting interest of the society which is ever changing andevery subordinate law regulating them derives its authority from the supreme law of the land i.e. ‘the Constitution’ which sets out the noble vision to be achieved by the respective Country. Therefore, Constitution consists of several principles for establishing stronger polity and better governance of the society. The framers of the Constitution of India, while framing the Constitution, has incorporated sovereignty, federalism, socialism, secularism, fundamental rights, directive principles, independent judiciary, parliamentary form of government as the basic principles of Constitution, in order to achieve the objective that are laid down in the Preamble of the Constitution of India. The purpose of the study is to look into the modification, variation and alteration that have been made, by way of amendment or repeal, in these principles from the day the Constitution of India came into existence. An attempt has been made to analyse those areas where the social changes impacted upon these principles of the Constitution of India and how these principles has transformed the society as well. In so doing theIndian independent judiciary has played a remarkable role of balancing between the two from the beginning....Item Open Access The Concept of “People” in “We the People of India…” Reality and Transformation(University of North Bengal, 2020-03) Chakraborty, GangotriThis article shows that the concept of “people” in the Preamble of the Constitution of India is vague and confused and victim of severe politicking. Such “people” cannot be the “sovereign” that gave themselves the Constitution. The concept of “people” in the Constitution has an overlap with the “citizenship” that often used interchangeably and nationalism. In the post-independence era the concept of “people” has become more elusive and there is a need to take stock of the situation resulting from right wing majoritarian politics.Item Open Access Constitutionalism to Transformative Constitutionalism: The Changing Role of the Judiciary(University of North Bengal, 2020-09) Kundu, IndraniConstitutionalism ensures protection of rights of its citizens. The Constitutional designers provided two models to ensure the same. These two models area. Parliamentary Sovereignty- It postulates that the legislature is the legitimate forum for safeguarding citizen’s rights. b. Judicial Supremacy- It emphasizes the significance of the Court to safeguard rights of citizens. Judicial Supremacy proliferated post Second World War as a reaction to the often violation of rights of minority group. The probability of imperilment of rights of groups having inadequate representation in the Parliament was supposedly more in Parliamentary Sovereignty. Judicial Supremacy ensured better protection of rights because it had the power to review and strike down any rights-infringing legislation. In almost all the countries the Apex Court is vested with the ultimate power of interpretation of the Constitution to ensure protection of rights. Judicial Review and Constitutional Interpretation by the Judiciary has led to the introduction of ‘Transformative Constitutionalism’. Transformative Constitutionalism recognizes the changing nature of the Society and accepts the Constitution as a transformative document rather than a rigid one. In this backdrop this paper undertakes the study of the written Constitution of India and the unwritten Constitution of the United Kingdom. The object of this study is to locate any shift in the principles of Constitutionalism in the Constitutions of these two countries.Item Open Access Role of Central Armed Forces in Combating Cross Border Crimes: A study of Indian legal Framework(University of North Bengal, 2019-09) Choudhury, Joyjit“For to be free is not merely to cast one’s chains, but to live in a way that respects & enhances the freedom of others”. - Nelson Mandela Human trafficking is a criminal offence or a crime against humanity. It is a problem not only in SAARC countries rather it is a global issue. Human trafficking has become a multinational trade, making billions of dollars at the expense of millions and millions of victim, many of them includes young girls and children, who are deprived of their dignity and freedom. The porous border between India, Bhutan, Nepal and Bangladesh and lack of proper law for the implementation to combat human trafficking for sexual exploitation has led to the rise in the rate of trafficking. It has been decades since the SAARC has been formed but till today no such laws has been implemented to combat human trafficking in any form. Nepal , Bhutan and Bangladesh being the closest neighbors of India having similar demographic features, cultural heritage, economic stability, similarity of customs and traditions etc, have accounted to the human trafficking in the border areas and cross border areas which has become very difficult to control.