Bimal N. Patel
Editor-in-chief, GJLDP
The current issue of the GNLU Journal on Law, Development and Politics before you provides some landmark philosophical thoughts which govern and shape the contemporary affairs of the society and the human beings. The legal and political analysis attempted by Emily Kendal on the Anwar Al-ulaki case, which generated a huge debate around the world and posed questions on the constitutional propriety and role of the Us government in dealing with the high Value Target List people (the so-called “kill list”), creates umpteen dealing with the number of questions for governments across the world who are trying to balance between the human rights, the constitutional obligations and need to tackle the scourge of terrorism.
Sophia Senyo, in her article on Terrorists as the New Bandits: The evolution of the Doctrine on Hirabah focuses on the promotion of the Islamic principle of justice to combat terrorism. To conclude from Sherman Jackson’s work on Domestic Terrorism in the Islamic Legal Tradition, “its function is not so much to define a specific crime but to provide a mechanism for heightening the scrutiny and/or level of pursuit and prosecution” in cases that arise out of terrorist actions. Shambo Nandy analyses the changing role of the state in the age of terror and argues that the Indian state need to go back and perform its primary role instead of its minimalist role in welfare activities which is being the trend in all developed democracies of the world. one may not agree with his thesis, however, his analysis proves a wide gap between the Indian state in its effort to balance between national security and national welfare.
Prateek Andharia makes a strong case for a special legislation for salt pan workers in Gujarat as traditional governmental interventions to protect and promote their working conditions and take care of their rights continue to be inadequate. a special legislation along with a special monitoring mechanism can alleviate the sufferings which this ancient community has been facing for ages.
Higher education for any nation plays a pivotal role in the growth and development of human capital; however, the inadequacy of it both in terms of quality and access has lead to a significant gap in the demand and supply. Swapna Prabhu and N. Mohapatra in their paper seems to high- light the role of private players in providing higher education dwelling upon the pros and cons to arrive at a formidable solution.
Shasvata Shukla and Prutha Pandya offer brilliant analysis on the elections and the constitution and the scope for judicial review. They make a firm case that election petitions and their disposal need to be undertaken by the Election Tribunals as envisaged in the pre-1955 Representation of People Act. Their final conclusion that the Indian judiciary should be extremely circumspect while invoking their extraordinary writ jurisdiction in cases pertains to elections and the electoral process deserves a further analysis.
Eva Tanna and Stuti Subbaiah provide a descriptive analysis of the legislative provisions and policies promulgated by the Government of India and the state Government of Gujarat regulating solar power utilities – its inception, the progress, and the challenges. The analysis shows how Gujarat has been able to take a leadership in harnessing solar energy by creating an inductive legal and policy framework.
Thus, Volume 3, Issue 1, March 2013 of the GJDLP brings a mosaic of issues having strong interdisciplinary connection and scholarship. The Board of editors and the student editors of the Journal deserve deep appreciation for their successful and timely publication of the Journal.
Emily C. Kendall
Abstract
This article examines the potential implications that the U.S. government’s targeted killing of Muslim cleric and American citizen Anwar Al-ulaki on the procedural due rights of American citizens. The article illustrates how the current administration’s sanctioning of the targeted killing of American citizens threatens the very fabric of our nation, and threatens to wholly compromised due process and civil liberties for all Americans.
To reach this conclusion, Part I of the article explains the U.S. government’s current policy and approach to the assassination of domestic terrorists (domestic terrorists being the term appropriated to describe American citizens accused of terrorism). Part II provides a brief the history and explanation of the Constitutional provisions that should be looked to in addressing these issues. Part III illustrates how these Constitutional provisions apply to domestic terrorist situations, and also demonstrates the efficacy of these Constitutional safeguards. Part IV examines how the presumptive abandonment of the Constitutional protections will affect American liberties. Finally, Part V presents the legal remedies available to prevent the U.S. government’s usurpation of its citizens’ rights.
Sophia Senyo
Abstract
This article is a discussion on how the classical principles of Islamic law can be used to address the modern crime of terrorism. The article details the difficulties legislatures have when developing terrorism legislation. The Western world faces these legislative problems by analogizing the precedent of Piracy to modern terrorism. Through this article, I propose that similar to the Western world’s use of precedent and analogy to address terrorism, Islamic states can use classical law doctrines and the legal tools of qiyas and ijtihad to address terrorism.
Shambo Nandy
Abstract
The role of the State is also changing along with the rise in terrorism. Every State passes through five different stages of growth-traditional society, pre-take off stage, take-off stage, drive towards maturity and the age of high mass consumption. Indian economy is now in the take-off stage with some features of the pre-take off stage persisting. At this stage, the State is not expected to perform any major activity except some regulatory ones. The State has to now perform only welfare activities such as funding of education, providing old age pension, unemployment benefits, etc. and the sovereign functions such as defence and maintenance of law and order. This is very much different from what Adam Smith had said about the State’s primary function being to protect its citizens from external aggressions and maintain law and order. The paper seeks to suggest that now due to a rise in terrorism in the country the State has to go back and perform its primary role only instead of its minimalist role in welfare activities.
Swapna S. Prabhu & Niranjan Mohapatra
Abstract
Higher education is decisive to India’s aspiration of rising as a significant player in the global knowledge economy. The competitiveness of Indian industry at the global platform combined with its employment generation potential is visibly dependent on the availability of requisite skills and trained personnel. Yet several recent studies have revealed that the overall state of higher education in India is dismal and in turn poses a severe constraint on the supply of qualified manpower. Besides, the education infrastructure at present is inadequate to meet the increasing demand for higher education in the country. Against this backdrop, the present paper seeks to examine as to how this gap can be filled by the active participation of private sector in higher education and whether it can ensure a high quality higher education on par with the international standards.
Prateek Benny Andharia
Abstract
Salt is a key item of human consumption, and since Gandhi’s famous pro- test against the India Salt Act in 1930, the commodity has occupied a special place in the Indian socio-political context. India is the world’s fourth largest producer of salt and a major exporter. While some nine States are engaged in salt production, the States of Gujarat, Tamil Nadu and Rajasthan account for around 95% of our salt produce, of which the brine marshes of Gujarat alone account for a whopping 70%.
In India, the private sector plays a dominant role in the industry, contributing over 98% of the total salt production. Consequently, there is an absolute lack of standardised wages and work conditions in the industry. While a few large corporations provide for workplace amenities and special healthcare facilities, these are in each case provided out of the employer’s generosity and not any legal or statutory compulsion.
This paper discusses the condition and needs of the saltpan workers only in Gujarat, and the logical extension of such discussion would be a demand for legislation there alone. However, the core issues faced by salt- pan workers being similar across the country, a central legislation would not be a misplaced demand. Furthermore, while only Union Parliament is empowered by the Constitution to legislate on issues surrounding the manufacture of salt,6 either a State or Parliament can legislate on issues of labour welfare and working conditions.7 In either case, the case being made out in this paper is for a special legislation for the workers in Gujarat alone.
This paper argues for a special legislation by seeking to delineate the unique needs of the Indian Gujarati salt pan worker, commonly called agariyas. Part II of this paper discusses the unique vulnerabilities of the community, which distinguishes them from other landless workers. Part III looks at certain success stories so as to bring into the discussion the diverse potential the sector possesses. Part IV examines briefly the initiatives taken by the Government, before delving into the particular issues that a special legislation would need to address. Part V concludes with a discussion of the central issue and the researcher’s opinion on the matter.
Shashvata Shukla and Prutha Pandya
Abstract
The rationale behind Article 329 (b) of the Constitution is to immunize the law pertaining to the conduct of elections from being questioned in a Court of law. The Representation of People Act, 1951, as it stood before the year 1956, provided for a system of Election Tribunals to decide upon disputed elections whose decision will be final and binding. The general approach at the time was to keep election disputes out of the purview of the Courts with a view to expedite the resolution of disputes relating to Election law. This is because of the view that election disputes are not seen merely as private disputes between parties. Though there is an individual or a group of individuals arrayed as parties before the Court, in fact it is constitutional democracy itself that is on trial. Whichever way the lis terminates, it affects the constituency and its citizens. A conscientious approach with overriding consideration for welfare of the citizens and the strengthening of democracy is called for in such instances
nevertheless, in the course of time, the Supreme Court and the High Courts have extended their jurisdiction, both at the original as well as the appellate stage so as to entertain election disputes while the electoral process is ongoing. The Courts have effectively assumed writ jurisdiction in electoral matters despite the express Constitutional mandate to the contrary. Although the Courts have assumed this jurisdiction in the interest of justice, the long term ramifications of such activism must be considered. The rationale behind such an activist reading of the Constitution and its implications are discussed in this paper.
Eva Tanna and Stuti Subbaiah
Abstract
India can increase its potential as a global player by increased use of its renewable resources to power its growing economy. This has been recognised by the Government of India and it has aimed at development in the energy sector, especially solar energy through effective policy actions. The Central Government, through CERC regulates various utilities working for renewable energy projects. Moreover, the National Electricity Act makes it mandatory for State regulators to attain certain minimum targets while providing adequate powers to States to determine various aspects of tariff and other regulations governing renewable energy. With the commission of the world’s first 1 MW canal top solar power plant in Mehsana district, Gujarat Government sets a high benchmark for other States to follow. This paper aims at providing a bird’s-eye view of the legislative provisions and policies issued by the Central Government and the Gujarat State government regulating solar power utilities — its inception, the progress achieved so far and challenges that need to be considered.
Eva Tanna and Stuti Subbaiah
Abstract
India can increase its potential as a global player by increased use of its renewable resources to power its growing economy. This has been recognised by the Government of India and it has aimed at development in the energy sector, especially solar energy through effective policy actions. The Central Government, through CERC regulates various utilities working for renewable energy projects. Moreover, the National Electricity Act makes it mandatory for State regulators to attain certain minimum targets while providing adequate powers to States to determine various aspects of tariff and other regulations governing renewable energy. With the commission of the world’s first 1 MW canal top solar power plant in Mehsana district, Gujarat Government sets a high benchmark for other States to follow. This paper aims at providing a bird’s-eye view of the legislative provisions and policies issued by the Central Government and the Gujarat State government regulating solar power utilities — its inception, the progress achieved so far and challenges that need to be considered.
