University Publications

Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2863

Browse

Search Results

Now showing 1 - 2 of 2
  • Thumbnail Image
    ItemOpen Access
    Interrogating the Citizenship Question in India: Debating Article 35A and Article 370
    (University of North Bengal, 2016) Chakraborty, Ranjita
    Debating on citizenship ---not just meaning the right to carry a specific passport but encapsulating the relationship between the individual, state and society has become a major point of discussions both within the domain of academia as well as outside. Throughout the history, the concept has been defined variously and there exists no fixed definition.The paper would concentrate on the debate by focusing on citizenship provisions in the Constitution of India with particular focus on Article 35A and Art.370 of the Constitution of India and critically look into the positions taken by the Government of India and the political party leaders in Jammu and Kashmir. The provisions have been debated upon centering on the issue of violation of the Constitution of India and the fundamental rights as promised to the citizens of India by the supreme law of the land. As history is dynamic it is essential to engage in a constructive dialogue so that inclusive citizenship can be realized. The paper would delineate the major arguments in the debate and try to propose some guiding premises along the lines of which a revision could be worked out whereby particularities are protected but the universality of citizenship is also promoted.
  • Thumbnail Image
    ItemOpen Access
    Judiciary in India: The Dialogic Space
    (University of North Bengal, 2015) Chakraborty, Ranjita
    The judiciary in India has been praised and blamed in the same breath, praised for being the voice of the people, upholding democracy in India at a time when faith in the other institutio ns responsible for upholding democracy is ebbing, and blamed for making a mark in the number of pending cases that stands to at present a scary 3.2crores figure. Critics point to this pendency as undesirable, for justice delayed is justice denied. The crit ics further point out that this delay is caused by the tendency of the judiciary in India to go for sensationalism and overreach, taking up cases for hearing that are sensational and in the process not responding to the civil and criminal cases that get fi led in the courts. Supporters of the judiciary however, have reasons for this pendency like the strength of the judiciary and the number of cases to be heard ratio, vacancies, poor infrastructure and support system etc. This is the political argument which the present paper would not focus on but would, by a discussion of some select cases; attempt to highlight the representational role played by the judiciary in India, facilitating the creation of a space for dialogue between the different sections of the society in India.