Gandhi Government Research Articles

Seniority Convention in the Appointment of the Chief Justice of India: A Critical Analysis

This paper throws light on the application of seniority convention in the appointment of the Chief Justice of India. The Constitution does not prescribe any specific criterion for appointing the Chief Justice of India and the senior-most judge of the Supreme Court gets an opportunity to become the Chief Justice ever since the inaugural of the Supreme Court of India except two departures in 1973 and 1977 when junior judges were appointed as Chief Justices by the government of then Prime Minister Mrs. Indira Gandhi. In 1973, three senior judges namely Justices Shelat, Hegde, and Grover were superseded and their junior colleague Justice A N Ray was appointed Chief Justice of India. This was the impact of Kesavananda Bharathi case in which three senior judges had decided against the government and Ray delivered a pro-govt. verdict. Once again, Mrs Gandhi's government superseded Justice H R Khanna in 1977 and appointed his junior colleague Justice M H Beg as CJI. This was considered a punish for Justice Khanna's dissenting view in the in famous ADM Jabalpur case. In 1978, Justice Y V Chandrachud had a narrow escape. Since the, the seniority convention has been followed consistently in all cases of CJI's appointments. The Supreme Court of India also approved this convention in the Second judges case in 1993. All these issues and developments are covered in this paper. It also presents a critical view of this practice in the light of contemporary developments.

To Study the Various Co-curricular Activities of Girl Student of Kasturba Gandhi Balika Vidyalaya and Government Upper Primary School of East Siang District Arunachal Pradesh

Co-Curricular Activities are important part of curriculum. These activities are important for the overall development of students. Though CCA are non-academic activities, it supports the academic purpose of schools, through positive reinforcements for the social and emotional aspects. It benefits the school children in gaining valuable academic and social experiences by providing wide range of opportunities and experience for self-expression and participation. The present study is an attempt to study the participation of girls’ students in various co-curricular activities that are organised in the Kasturba Gandhi Balika Vidyalaya and Government Upper Primary School of East Siang District of Arunachal Pradesh. A sample of 4 KGBV and 4 GUPS from 2 blocks,5 teachers and 10 girls’ students from each school have been taken by following simple random technique. The total sample consist of 8 schools,40 teachers and 80 girls’ students. It is a descriptive research study. For collecting various information, the researcher used the constructed questionnaire. The data analysis had been done by using simple frequency and percentage technique. The findings of the study revealed that girls’ students of KGBV took more active participation in CCA than GUPS.

Judicial Opinions as Literature - ADM Jabalpur v. Shivakant Shukla

“If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first eighteen years as an independent nation, someone will surely erect a monument to Justice H R Khanna of the Supreme Court. It was Justice Khanna who spoke out fearlessly and eloquently for freedom this week in dissenting from the Court's decision upholding the right of Prime Minister Indira Gandhi's Government to imprison political opponents at will and without court hearings... The submission of an independent judiciary to absolutist government is virtually the last step in the destruction of a democratic society; and the Indian Supreme Court's decision appears close to utter surrender”.- The New York Times, April 30, 1976The Supreme Court of India, in Additional District Magistrate, Jabalpur v. Shivakant Shukla by a majority of 4:1, ruled that in a state of Emergency, no person has a right to move the High Court under Article 226 of the Constitution for a writ of habeas corpus and that the constitutional guarantees under Article 21 remain suspended during such period. Justice Hans Raj Khanna delivered the minority opinion which has gone down in history as an eloquent expression of the sanctity of the fundamental right to life and liberty, and also, judicial independence.This paper seeks to analyse Justice Khanna's dissent in the light of seeing the judicial opinions as literature, to see how judges write and why do they write in a particular way. The approach is a literary cum legal analysis.

Nepal in 1989: A Very Difficult Year

Research Article| February 01 1990 Nepal in 1989: A Very Difficult Year Niranjan Koirala Niranjan Koirala Search for other works by this author on: This Site PubMed Google Scholar Far Eastern Survey (1961) 30 (2): 136–143. https://doi.org/10.2307/2644891 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Twitter LinkedIn Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Niranjan Koirala; Nepal in 1989: A Very Difficult Year. Far Eastern Survey 1 February 1961; 30 (2): 136–143. doi: https://doi.org/10.2307/2644891 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu nav search search input Search input auto suggest search filter All ContentAsian Survey Search This content is only available via PDF. Copyright 1990 The Regents of the University of California Article PDF first page preview Close Modal You do not currently have access to this content.

Pakistan in 1982: Holding On

Research Article| February 01 1983 Pakistan in 1982: Holding On Marvin G. Weinbaum, Marvin G. Weinbaum Search for other works by this author on: This Site PubMed Google Scholar Stephen P. Cohen Stephen P. Cohen Search for other works by this author on: This Site PubMed Google Scholar Far Eastern Survey (1954) 23 (2): 123–132. https://doi.org/10.2307/2644343 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Marvin G. Weinbaum, Stephen P. Cohen; Pakistan in 1982: Holding On. Far Eastern Survey 1 February 1954; 23 (2): 123–132. doi: https://doi.org/10.2307/2644343 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentAsian Survey Search This content is only available via PDF. Copyright 1983 Regents of the University of California Article PDF first page preview Close Modal You do not currently have access to this content.

The Indian Mass Media System: Before, During and After the National Emergency

The last few years have witnessed an unprecedented turn of events in the socio-political climate of India. These socio-political changes have brought about corresponding changes in the character of the Indian mass media system, especially in the freedom and independence of the Indian press. In June, 1975, Indira Gandhi's government declared a state of emergency and suspended civil liberties. Immediately after this declaration, the government tightened its controls on the Indian mass media, especially on the newspapers which had reputations of being free and lively.

India and the Soviet Union: A New Stage of Relations?

THE DEFEAT OF Mrs. Indira Gandhi's government in the March 1977 elections held in India is a political landmark in the country's history. The victory of the Janata party, and the assumption of office by Prime Minister Morarji Desai, ended almost three decades of Congress party rule at the center. Since key figures in the new leadership have in the past been classified as representatives of the right wing of the Indian political scene, the possibility of a change in India's long rapport with the Soviet Union was considered, not only in the West but apparently in the USSR as well. Moscow had good cause to be less than enthusiastic about the new turn of events in India and uncertain about the attitude that the new government would adopt toward the Soviet Union. The Soviet press had lent enthusiastic support to Mrs. Gandhi's State of Emergency, a period during which many members of the new government had been jailed. When the decision was taken to hold elections, and the campaign got under way, the Janata party was summarily dismissed as a group of scheming reactionaries. As if this were not sufficient, the new Prime Minister was a man who had long been the Kremlin's ideological bete noire.' While it is premature to speak with any certainty on the future of Indo-Soviet relations, a stock-taking of Soviet-Indian ties and a study of the Janata's approach to foreign policy should enable one to make a

Extra-Parliamentary Opposition in India: An Analysis of Populist Agitations in Gujarat and Bihar

Nad O POLITICAL PHENOMENON in India during I974 generated as much debate among political observers as the outbreak of people's in the states of Gujarat and Bihar.* Viewed variously as threats to parliamentary democracy and as positive responses to governmental drift and corruption, both agitations resulted in extraordinary levels of street violence and governmental repression. The agitation in Gujarat, culminating in January-March I974, led to the ouster of a supposedly stable majority government and the dissolution of the state legislative assembly. The subsequent Bihar agitation paralysed state administration, threatened to displace the state assembly, and seemed capable of spreading to other states. For both agitations, an ultimate target was the government of Prime Minister Indira Gandhi. Throughout the past year it could be reasonably argued that extra-parliamentary opposition of the Gujarat and Bihar variety was the most meaningful opposition to be faced by Mrs. Gandhi's government since its sensational election victory of i97i. With Mrs. Gandhi's leadership under attack as a result of the Allahabad court verdict of June I 975, her party defeated in the recent Gujarat election, and India ruled by emergency proclamation at the time of writing, it is perhaps premature to attempt a full-scale analysis of changing oppositional patterns in India, but all the more essential that the prelude to contemporary events be explicated. Until the i970's, political opposition in India was free to develop in numerous forms and at a variety of sites-as between constitutional

India's defence perspectives

INDIA, with the fourth largest armed forces in the world, might now have been in a position to play a major role in the Indian Ocean region but for the fact that its military capability is fully extended in coping with its own security problems. Even though India's leadership keeps talking, mostly for overseas consumption, of the country's stake in peace and stability in the region, there is little evidence of willingness to work for policies which would give New Delhi more military elbow room. The possibility of making the problem of India's own security more manageable by political initiatives is raised every now and then by some Opposition parties, notably by the Left and Right Communists at one end of the spectrum and the conservative Swatantra party at the other. But the idea of accommodation with either Pakistan or China gets scant public support. As a result, Mrs. Gandhi's Government, inhibited by a slender parliamentary majority and the danger of dissidence within the ruling Congress party, is unable to face up to the political hazards inherent in the give and take of negotiations. In India's perceptions, China is seen as the bigger but long-term threat, while Pakistan figures as the more active and immediate one. The validity of this view rests on the assumption that China has already settled the boundary dispute to its satisfaction, and is now occupying such areas of territory in Ladakh as it really wants. China has, of course, outstanding claims-to 32,000 square miles in the NEFA area, for instance-but these are not expected to be seriously pursued. Likewise, no Indian in his right mind considers it feasible to recover the lost real estate, even though pledges to remove the aggressor feature in the election manifestos of most parties. In contrast, Pakistan has a live and continuing grievance over Kashmir. The fact that armed clashes took place twice in 1965-first, on a limited scale, in the Rann of Kutch, and, later, much more extensively over Kashmir-has given the long-standing confrontation between the two countries a sharper edge, triggering off an arms race which causes grave concern to the international community. The war of September 1965, during which the Chinese presented an ultimatum to India, ostensibly over military works on the Sikkim-Tibet border, gave an added dimension to Indian perceptions of danger.

India's Defence Perspectives

INDIA, with the fourth largest armed forces in the world, might now have been in a position to play a major role in the Indian Ocean region but for the fact that its military capability is fully extended in coping with its own security problems. Even though India's leadership keeps talking, mostly for overseas consumption, of the country's stake in peace and stability in the region, there is little evidence of willingness to work for policies which would give New Delhi more military elbow room. The possibility of making the problem of India's own security more manageable by political initiatives is raised every now and then by some Opposition parties, notably by the Left and Right Communists at one end of the spectrum and the conservative Swatantra party at the other. But the idea of accommodation with either Pakistan or China gets scant public support. As a result, Mrs. Gandhi's Government, inhibited by a slender parliamentary majority and the danger of dissidence within the ruling Congress party, is unable to face up to the political hazards inherent in the give and take of negotiations. In India's perceptions, China is seen as the bigger but long-term threat, while Pakistan figures as the more active and immediate one. The validity of this view rests on the assumption that China has already settled the boundary dispute to its satisfaction, and is now occupying such areas of territory in Ladakh as it really wants. China has, of course, outstanding claims-to 32,000 square miles in the NEFA area, for instance-but these are not expected to be seriously pursued. Likewise, no Indian in his right mind considers it feasible to recover the lost real estate, even though pledges to remove the aggressor feature in the election manifestos of most parties. In contrast, Pakistan has a live and continuing grievance over Kashmir. The fact that armed clashes took place twice in 1965-first, on a limited scale, in the Rann of Kutch, and, later, much more extensively over Kashmir-has given the long-standing confrontation between the two countries a sharper edge, triggering off an arms race which causes grave concern to the international community. The war of September 1965, during which the Chinese presented an ultimatum to India, ostensibly over military works on the Sikkim-Tibet border, gave an added dimension to Indian perceptions of danger.

The Indian Economy: Some Recent History and Near Term Prospects

Research Article| June 01 1967 The Indian Economy: Some Recent History and Near Term Prospects Kenneth M. Kauffman Kenneth M. Kauffman Search for other works by this author on: This Site PubMed Google Scholar Far Eastern Survey (1938) 7 (6): 405–422. https://doi.org/10.2307/2642615 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Kenneth M. Kauffman; The Indian Economy: Some Recent History and Near Term Prospects. Far Eastern Survey 23 March 1938; 7 (6): 405–422. doi: https://doi.org/10.2307/2642615 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentAsian Survey Search This content is only available via PDF. Article PDF first page preview Close Modal You do not currently have access to this content.