Kishori Bhatia - Academia.edu (original) (raw)

Papers by Kishori Bhatia

This research write up is concerning the conflict between the Executive-Legislature on the one si... more This research write up is concerning the conflict between the Executive-Legislature on the one side and the judiciary on the other side. The NJAC is a welcome gesture to minimising political interference in the appointment of Judges of higher judiciary and sustaining the independence as well as integrity of the judicial system in India.

This research write up analysis the new expounding approach of the Supreme Court in Manoj Narula ... more This research write up analysis the new expounding approach of the Supreme Court in Manoj Narula v. Union of India, 2014 with a message that howsoever a person may be corrupt and politicall strong, but law is stronger than such person. This a new interpretation to Articles 75 and 164 on the principle of 'Constitutional trust'.

This paper concerns the abdication and effacement of Parliaments constituent power enjoined in Ar... more This paper concerns the abdication and effacement of Parliaments constituent power enjoined in Article 368 of the Constitution which alone enjoys the power to vary, to repeal and to add any provision in the text of the Constitution. This paper in depth examines the probing question whether the President of India could add this Article in the fundamental Rights Part of the textual Constitution; besides this relates to the exercise of political fiat through executive fiat.

Five Years LL.B. integrated Course has endeavoured to present a blueprint for five years law cour... more Five Years LL.B. integrated Course has endeavoured to present a blueprint for five years law courses. However, it has conscientiously made no efforts to wriggle out the puzzle as to how to integrate non-law subjects with law subjects. The objective of introducing 5 years integrated law course was to disseminate to the law students a vivid correlation approach, namely, why a study of history and law is imperative in the domain of legal education; why economics and law is expedient; why language and law integration or configuration is essential to develop legal language and legal writing; why political science and law is necessary; why psychology and law is the need of the day; why sociology and law is imminent? The object of new legal education policy has been to inculcate an interest in the assimilation of evolution of law, legal and constitutional institutions. The new legal education aims at generating a deep interest in the domain that should not make an impression in the minds of thinkers to say that justice delivery system is good in law but bad in economics. Legal education is to stimulate an interest in the young law student that how political theories of law, socio-economic-distributive justice, freedom, State as Nation, welfare are urgently crucial to the working of democratic constitution culture, polity and morality. The new legal education addresses to kindle correlation between law and psychogenic, sociogenic and anthropogenic approaches. It helps lawmen to gain deep insights in the understanding of deviant behaviour, causes of social disorganisation and approaches to re-socialisation or social re-organisation. It presents insubstantial blueprint for creating the use of legal language and legal writing in simple legal English devoid of legalese, which should appear to be the soul of professionalism in an ocean within a tear. The BCI Draft CDC Report (Chapter III) does not present in the least substantial in puts as to how to integrate nonlaw subjects with law discipline.

and MANU BHATIA SHARMA BSL LL.B. (ILS Pune University), LL.M. (GND University); ICRC, Henary Duna... more and MANU BHATIA SHARMA BSL LL.B. (ILS Pune University), LL.M. (GND University); ICRC, Henary Dunant and Max-Planck Fellow, Research Scholar 1 The latest glaring example of an invisible State and its activities is seen in the sub judice case of establishment of CBI and its constitutional as well as legal status. Could such a body be established just by a resolution of executive without the authority of a statute? This conviviality has to be unknot judicially to clear the clouds cast upon this act of invisible State. Article 35A was neither a part of the draft Constitution nor a part of the adopted and enacted text of the Constitution of India. This Article was an addition to the fundamental rights (Part III) of the Constitution by a Presidential Order, viz., Constitutional (Application to Jammu and Kashmir) Order 1954, which extended the application of various provisions of the Constitution of India to Jammu Kashmir with such modifications, exceptions and alterations with the concurrence of the government of the State. Article 368 was also extended in its application to the State but with a proviso to the effect that "no such amendment shall have effect in relation to the State of Jammu Kashmir unless applied by order of the President under clause (1) of Article 370". Be that as it may, from the reading of this provision it cannot be construed that the President of India is empowered to exercise the constituent power of the Parliament under Article 368 to add any provision in the fundamental rights part in its relation to the State of Jammu Kashmir. The Constitutional (Application to Jammu and Kashmir) Order 1954 of 14 May 1954, which superseded Constitution (Application to Jammu and Kashmir) Order 1950 of 26 January 1950, was issued under the permissible limits of Article 370 ---a temporary constitutional provision relating to the State of Jammu Kashmir. 36 Article 370 authorizes the President of India to extend the provisions of the Constitution of India in its relation to the State of Jammu Kashmir as the President may by order specify. Article 370 (1) enjoins four clauses, viz., clauses (a), (b), (c) and (d). Article 370 (1) (a) reads as: "Notwithstanding anything in this Constitution, the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir"; Article 370 (b) reads as: " the power of Parliament to make laws for the said State shall be limited to (i) those matters in the Union List and the Concurrent 33 from Brundtland Report said that "sustainable development means development that meets the needs of the present without compromising the ability of the future generations to meet their own needs". 35 2G Spectrum case, Op. Cit.

The concept is to create in modern scenario a true cultural and intellectual treasure of ancient ... more The concept is to create in modern scenario a true cultural and intellectual treasure of ancient India with a blend of impressive international linkages. Intellectual activism bridges the vacuum between past, present and future. Intellectual activism encapsulates to emulate from the past to make the present enliven and to lay the foundations for the future Golden Bharat. Intellectual activists are the original writers with sparkling energy. Literature is the writings in which expressions in the epics, poetry, history, biography, essays, etc. reflect the mindset of the exponents. India epics like the Vedas, Upanishads, Ramayana and Mahabharata, are the pearls of Indian literature, which have had a profound impact on the imagination of the West, and there is nothing pretentious about it.

Article 370 does not display any special and unique status for Jammu Kashmir within the framework... more Article 370 does not display any special and unique status for Jammu Kashmir within the framework of the Constitution of India. It only displays temporary and interim measure for Jammu Kashmir within the ambit of the Constitution of India. To say that Article 370 is a bridge between India and Jammu Kashmir State is a wrong notion as it manifests that the State and India were separate entities. One may recall Vishnupuran that states that the country which is spread from Utter Himalaya to Dakshin Sumdra is the complete geographical and territorial boundaries of Bharat and the people who live in this boundary are Bhartiyya. Jammu Kashmir State thus befalls within this framework as an integral part of Indian State from time immemorial. Those who venture to say that if Article 370 is deleted or abrogated from the textual Constitution of India there will be no State of Jammu Kashmir in the geographical map of India may have to take coaching or tutoring in the history of India. Those who claim that there can"t be any discussions within the frame work of the Constitution of India reveal their mindset against India and Indian Constitution. I address an open-ended question to such elements to come out openly to clear their status: Are they Indians or not while living in the Indian State? As Indians what treatment they deserve to have under the laws for making such offensive statements? As non-Indians, do such persons have a place to stay in India?

UNDP Professor Public Law] and MANU BHATIA SHARMA BSL, LL.B. (ILS Pune); LL.M. (GNDU Asr); ICRC, ... more UNDP Professor Public Law] and MANU BHATIA SHARMA BSL, LL.B. (ILS Pune); LL.M. (GNDU Asr); ICRC, Henry Dunant and Max-Planck Fellow; Research Scholar 2