Book

CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

A. G. Noorani

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780195678291.001.0001
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

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Appointing a Prime Minister<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 2878 words.

This chapter discusses three reliable but neglected guides to assist the president in the appointment of the prime minister when the electorate returns a hung Lok Sabha. One is a rule...

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Appointing the Chief Election Commissioner<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1336 words.

Dr B. R. Ambedkar and the drafting committee in October 1948 had provided in the draft constitution an Advisory Board, consisting of 15 MPs elected by Parliament that would advise the...

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Appointment of a Chief Minister<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 2050 words.

This chapter discusses the designation of a chief minister by the Governor when the current chief minister passes away. Governor S. L. Khurana had to decide on the right course of action...

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Appointment of a Prime Minister: President Shankar Dayal Sharma's Lapse<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 2195 words.

This chapter focuses on Dr Shankar Dayal Sharma's appointment of the BJP leader Atal Behari Vajpayee as prime minister on 15 May. It analyses British authorities opinion on the matter of...

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The Army and Law and Order<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1643 words.

This chapter analyses the issue of deployment of the army on the request of the state government to quell disturbances. Mr Sharad Pawar's criticism on the frequent deployment of the army...

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Article 370: Law and Politics<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 5836 words.

Article 370 of the Indian Constitution was intended to guarantee Kashmir's autonomy. The Constitution was amended four times to extend the president's rule imposed in Punjab on 11 May 1987....

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The Bar and the Bench<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 3411 words.

This chapter examines the suspension of five distinguished lawyers by the Supreme Court Bar Association on the grounds of making 'irresponsible' allegations against Justice Madan Mohan...

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Bribery and Mps<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 2159 words.

This chapter examines the legal issues relevant to the bribery of Members of Parliament (MP) in India. Under Article 105(2) of the Indian Constitution, no MP shall be liable to legal...

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Bribes in Parliament: A Shocking Ruling by the Supreme Court<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1696 words.

This chapter criticises the Indian Supreme Court's April 1998 decision in the Jharkand Mukti Morcha case P.V. Narasimha Rao v State, which held that legislators who take bribes enjoy...

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Bribing Legislators During the Raj<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1239 words.

This chapter discusses the legal aspects concerning the bribery of Members of the Legislative Assembly (MLA) and Members of Parliament (MP) in India. Under the Prevention of Corruption Act...

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British Conventions and the Indian Constitution<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1168 words.

The fact that the Indian Constitution is one of the most elaborate in the world does not imply that it does not have in addition tacit provisions. It is based on the recognized conventions...

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The Centre and Law and Order in the States: Article 355<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1476 words.

This chapter presents a description of Article 355 of the Constitution. Article 355 was not entirely born in sin, but it was conceived in murky circumstances. Article 355 reads: 'It shall...

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The Centre's Fact-finding Teams in the States<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1963 words.

This chapter discusses the fact-finding teams that the BJP-dominated government at the Centre sent to states ruled by other parties. The Rapid Action Force (RAF)'s specific task was to...

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Chief Ministers: An Endangered Species?<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 2180 words.

This chapter discusses whether chief ministers are an endangered species – a tribe subject to pressures from their central leadership as well as the Indian government. The chief minister,...

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Civil Servants and Ministers<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1276 words.

A minister is publicly accountable to Parliament. A civil servant's wrongdoing is dealt with by specific rules. He cannot be meted out arbitrary treatment by the minister. A minister should...

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The Civil Servants’ Truth<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 2763 words.

This chapter examines several cases where civil servants has surreptitiously disclosed information that they felt were in public interest. 'Whistleblowers' are different from crusaders....

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The Code of Conduct for Judges<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 2498 words.

This articles examines the proposal for establishing an independent National Judicial Commission (NJC) which would make recommendations to the president on the appointment of judges to the...

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Codifying the Conventions<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1575 words.

This chapter discusses the codification of conventions. It describes how in 1949, the framers of India's Constitution let the nation down in one aspect crucial to the success of...

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The Commission as Vendetta<sup>1</sup>

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 1559 words.

The appointment of S. Sivasubramanian, a retired judge of the Madras High Court, to head a Commission of Inquiry to probe charges against DMK leader M. Karunanidhi is an act of vendetta by...

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The Congress(I)'s Constitution

A.G. Noorani.

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

January 2006; p ublished online October 2012 .

Chapter. Subjects: Constitutional and Administrative Law. 5512 words.

In 1993, the Congress (I) Working Committee (CWC) authorised its president, P. V. Narasimha Rao, to not only nominate the entire Parliamentary Board but also a Board to choose the party's...

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