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Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief...
The Protection of Plant Varieties and Farmer’s Rights Act, 2001, promises to balance the intellectual property rights of plant breeders and farmers under one umbrella legislation. However, there remain several grey areas and the rights of farmers, in reality, are still...
Although considered an ancient concept, torture is still practised globally, and with more meticulousness and sophistication than ever before. Custodial violence refers to a form of torture that is experienced physically, psychologically, or emotionally in the custody...
In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized...
Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic,...
What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies...
Conflict of laws, or private international law, is an increasingly important subject of study due to growing movement and relocation of a large number of people from one jurisdiction to another for personal and professional reasons. Despite the existence of rules and...
A social and political activist and a free-thinker, Laxmanshastri Joshi, though a relatively lesser known figure in Indian history, played a significant role in the freedom struggle. Joshi was an ardent supporter of the satyagraha movement. He counselled Gandhi to...
The history of marriage is viewed as social history related to customs and laws, but it is also a reflection of an inner life—one that comprises tales of joy, suffering, and the mundane—most of it hidden from the historian’s eye. Analysing the institution of marriage in...
There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility. Building on this narrative, the book advocates that judges must be made accountable...
Examining the constitutional and legal foundations of the place of religion in India, Articles of Faith studies the relationship between religion and state. It closely analyses the decisions of the Supreme Court from the 1950s on Articles 25–30 of the Indian...
The harshest punishment is reserved for the harshest crimes. Murderers, rapists, terrorists—perpetrators of grisly acts—these are the people on death row.The Supreme Court of India has repeatedly held that the death penalty can be awarded only in the rarest of rare...
The emergence of a decentralized, fragmented, and low-cost Internet opened up possibilities for persons with disabilities to lead an independent and inclusive life, which had been denied to them in the physical world.The virtual world, unlike the physical world, was...
Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government,...
The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal...
First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and...
Legislation is one of the most important tools for empowering children. It reflects the commitment of the state to promote an ideal and progressive value system. Recent years have seen several key developments in the law, policy, and practice related to child rights....
A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the...
The National Judicial Appointments Commission (NJAC) judgment, on the appointment of judges to the Supreme Court, has been the subject of a deeply polarized debate in the public sphere and academia. This volume analyses the NJAC judgment, and provides a rich context to...
Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional...
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