Territory Of India Research Articles

Ecologically Sensitive Areas and Coastal Geomorphological Features of Andaman & Nicobar Islands, India

Andaman and Nicobar Islands (ANI) are a group of remote, isolated island archipelago and external territory of India at the juncture of the Bay of Bengal and Andaman Sea extending between 92° to 94° East and 6° to 14° North latitude. This article summarise various ecologically sensitive areas of ANI for the purpose of conservation through the applicable regulatory mechanisms. This will help the Andaman Administration in implementation of the Island Protection Zone (IPZ) Notification, 2011 issued under the Environment (Protection) Act, 1986.

Article 133: Appellate Jurisdiction of Supreme Court in Appeals from High Courts in Regard to Civil Matters

(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under Article 134A: (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court. (2) Notwithstanding anything in Article 132, any party appealing to the Supreme Court under clause: (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.

Building a Mountain Fortress for India: Sympathy, Imagination and the Reconfiguration of Ladakh into a Border Area

ABSTRACTThis article examines the relationship between affect and the state in post-colonial India, foregrounding sympathy as a feeling that arises from the embodied encounters and interactions between the state and a local population through state-building in the Himalayas. It establishes the emergence of sympathy in the materiality of the Himalayas and in the historical conjuncture of the passage to Indian nationhood in Ladakh, which was marked by the mobilisation of the local population in the defence of the territory of India amid the first Indo-Pakistani war (1947–48). This article argues that sympathy, in leading the state to reimagine the population of Ladakh, is integral to the reconfiguration of the region into a border area and to the rethinking of the sovereignty of the Indian state at its Himalayan frontier.

The Dominion Status of India

An attempt is made in this article about the dominion status of India in pre- independence era. The insecurity and lack of status have a disastrous effect on the whole system of the country. It was no wonder that it has been the root of all social, political and economic problems in past and present times. The primary purpose of dominion status is to develop the social, political and economic growth of the citizens within the territory of India. The dominion status of India relating to the constitution needs more viable to establish a responsible Government and vigilant society. At present we need to have a fresh look towards the dominion status of Pre-Independence India and to transform India into a harmonious, developed and federal nation. This is nothing wrong if we make a new constituent assembly to decide the present and future fate of India from its dominion status. Any changes made in past will not be destructive but constructive so far as our national unity is concerned. This article is useful for academicians, research scholars and general public.

Indian Constitutional Framework for Commerce and Its Awareness Among Commerce Students

The Constitution of India is the supreme law of India. It is a living document, the permanent instrument which makes the government system work. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles and the duties of the citizens. The awareness of the constitutional provisions among the citizens of our country is very essential since, it makes the individuals more responsible towards the country. The Indian Constitutional Framework for Commerce deals with the provisions and regulations related to trade, commerce and intercourse within the territory of India. Awareness of such constitutional provisions among the commerce students have been tested by the investigators. For the purpose of the study, the investigators used both primary and secondary data. An awareness test has been conducted in order to test the awareness of the students related to the Indian Constitutional Framework for Commerce.

The Southern Nicobar Islands as Imaginative Geographies

The southern Nicobar, an isolated archipelago in the eastern Indian Ocean, is the southern most territory of India. The Shompen and the Nicobarese were the sole inhabitants in the archipelago until the Government of India settled 330 ex-servicemen families in Great Nicobar. The ex-servicemen families, who came from an entirely different socio-cultural milieu of mainland India, perceived the cultural practices of the indigenes as odd and developed strong prejudices against them. This article juxtaposes two diametrically opposed discourses on the indigenous cultural practices—the settlers’ and the indigenes’—and explores how the indigenes make sense of their cultural practices that the settlers find problematic. It also explores if such cultural practices hold any special significance for the isolated tribal communities that live in a fragile island ecosystem. The article elaborates its analyses against the backdrop of the issues that the indigenes have been facing due to the changes brought in their societies through external interventions.

Terrorism and India: an economic perspective

This study seeks to evaluate the terrorism and economic performance of the economy of India from the year 2004 to the year 2013. The analysis of the study is based on the model of Economics of Terrorism Monitoring Model (ETM-Model) introduced by Khan et al. (Qual Quant, 2015). The main objective of this research study is to scrutinize the terrorism situation in the economy of India. The effects of terrorism on the economic performance is measured by economic desgrowth. The economic desgrowth generated from economic growth rate due to terrorism in the year 2004 for the Indian economy is −0.91 %, while the economic desgrowth for the year 2013 of the same economy is −2.05 %. The study concludes that terrorism is one of the main issue of the Indian economy from the economic perspective. Indian government may work with Pakistan to resolve the issue of Jammu and Kashmir to overcome the terrorism issue. It is also needed for the Indian economy to make harmony between Muslims and Hindu with in the territory of India.

Edict in Pre-Colonial India: An Analysis from the New Haven Perspective<sup>1</sup>

The territory of India is the locus of an ancient and deeply philosophical culture. This land not only gave birth to the epic religion of Hinduism but also to the first urban civilization, the Indus Valley Civilization. Many different kingdoms such as Mauryan Empire and Mughal Empire with customary authoritative decision practices also emerged in the Indian subcontinent. However, the impact these deep and distinct cultures, civilizations and empires have had on decision-making and official behavior in India over the decades has not been studied. This article seeks to study the notion of law/interstate law in pre-colonial India, how it was formulated during and in what way/s the process of making law was different from western traditions of law-making. To achieve this end, the New Haven methodology will be adopted. This work will also provide some preliminary conclusions in relation to Indian foreign policy which remains “formalist dualism” from ancient to current times.

Geneva Convention: A Case Study in India

The present paper deals with the comparative study of the Geneva Conventions of 1949 juxtaposed with the Geneva Convention Act of 1960 and other domestic laws within the legal framework in india. The paper talks about the scope and limitations of the same. Correlation is drawn between the conventions with municipal laws. The paper has shown how certain domestic laws which are in force within the territory of india give effect to the various provisions of Geneva Convention. directly or indirectly. Various instances have been culled out describing the incidents of application of the act and conventions in India.

Breast cancer in Indian print media: A case study

The aim of this study is to analyse the portrayal of cancer in print media. The English daily newspapers published from Chandigarh (a Union Territory of India), The Tribune and The Times of India, were selected and a total of 273 articles were analysed in a span of three years. The analysis of data showed various themes such as theories regarding causes and prevention of cancer, risk factors for breast cancer, treatment of breast cancer, and social problems among cancer patients. The liberal use of battle metaphors was also found, along with a number of personal testimonies of breast cancer patients.

NATCO v. BAYER: Indian Patent Authority Grants Its First Ever Compulsory License on Pharmaceutical Products

In an unprecedented move, the Controller of Patents in India has invoked the compulsory licensing provision of the Indian Patents Act to allow a domestic generic pharmaceutical company, viz., Natco Pharma to manufacture and sell the generic version of Bayer's patent-protected anti-cancer medicine, Nexavar (Sorafenib Tosylate) at a fraction of Bayer's selling price in India. The Controller of Patents reached the decision on the grounds that: (i) the reasonable requirements of the public with respect to patented invention are not met; (ii) that the patented invention was not available to the public at a reasonably affordable price; and (iii) that the patented invention has not been 'worked' in the territory of India. This decision has stirred a debate as to whether the grant of compulsory license could lead to weakening of intellectual property protection in India whereas several consumer and civil society organizations argue that this decision may usher in a new reality which requires the drug prices to be linked to the affordability of the consumers. The underlying message of this decision seems to be that no pharmaceutical company can afford to ignore a market if there are consumers suffering or dying in these countries for want of treatment by a product for which they hold the patent rights.

Casenote – Supreme Court Decides against Extraterritorial Taxation

The recent Indian decision in GVK Industries is examined. In this case, the Supreme Court held that the Parliament does not have the right to legislate on extraterritorial matters or subjects that do not have any nexus with the territory of India.

Free Trade and Taxing Power of the States Under the Constitution of India

Constitution of India guarantees freedom of Trade and Commerce through out the territory of India. Given the federal structure of the country, in which different states trying to protect their interest, free trade and commerce has been neglected or given less attention to. It is not uncommon for the states to impose tax for giving to its territory. Do such taxes violate the constitutional mandate to free trade and commerce through out the territory of India? They are not if it can be shown that the tax is compensatory in nature, in the sense that it is only a charge/fee for the facilities accorded by the state to facilitate trade and commerce. The paper attempts to analyze different judgments of the Supreme Court of India on this point to trace the developments in this area.

A Cause Celebre on Article 44: An Attempt Towards Unifying Diversity in the Jungle of Personal Laws Prevailing in the Indian Democracy

INDIA is a multi cultural, multifaceted and multi religious society wherein each community following its own religion is governed by its own set of personal laws. the constitution provides for the establishment of a uniform civil code in matters of civil concern throughout the territory of India. After partition India had come out of a catharsis in the form of partition and at that time it was essential for the country to remain united. Keeping this in view the members of the constituent assembly decided to include the code as a measure to ensure national integrity. Our forefathers being a part of the constituent assembly had long back foreseen the problem and had intended to unify the jungle of personal laws in civil matters on similar lines of codified criminal laws in India. Lawyers, jurists and academicians are all perplexed that even in the 62nd year of Independence uniform civil code has not found its deserved place. The concept of UCC as believed by some is fundamental to the integrity of the nation and imbibing gender equality which is one of the primary objectives for implementing UCC. The advocates of UCC argue that if the Hindus did not have any problems in agreeing to a common code in the form of the Hindu code Bill then what hinders the Muslims. The Muslim members of the assembly strongly opposing the implementation of the code contended that the UCC is a fundamental breach of Article 25 of the constitution that gives every citizen of India the freedom to practice, profess and propagate their own religion. The code is an effort to bring uniformity in matters of marriage, inheritance, succession and divorce, which are presently governed by the communities respective personal laws. The present paper addresses the predicaments that were inherent in the establishment of the code and the roadblocks that did not allow the code even after over 6 decades of independence.

Constitutional and Administrative Law in India*

The Indian constitution contains in Part III, a Chapter on fundamental rights. The fundamental rights cover a broad spectrum, including•the right to life and personal liberty;•the right to equality and equal protection;•freedom of conscience;•the right to profess, practice and propagate religion;•freedom of association and assembly,•free movement within the territory of India, and•freedom to practice a profession, trade or business.The fundamental rights are not absolute because the freedoms that are recognized by Article 19 are subject to reasonable restrictions in a variety of contexts.

The Cole v Whitfield Test for Section 92 of the Australian Constitution and the Free Trade Jurisprudence of the Supreme Court of India

Article 301 of the Constitution of India provides that ... trade, commerce and intercourse throughout the territory of India shall be free. The Supreme Court of India has consistently held that the freedom is impaired only if the legislation directly and immediately restricts the interstate movement of goods, as distinct from regulating it (Atiabari Tea Co Ltd v State of Assam & Others (1961) 1 SCR 809). Restrictions obstruct the freedom. Regulations promote it (Automobile Transport (Rajasthan) Ltd v State of Rajasthan & Others (1963) 1 SCR 491). The present test for invalidity is too artificial and technical. This is not surprising when it is considered that the words of Art 301 and their interpretation by the Supreme Court are based on s 92 of the Australian Constitution and the series of wrongly decided cases predating the decision of the High Court of Australia in Cole v Whitfield (1988) 165 CLR 360. For many years, the High Court mistakenly developed the requirement that, unless the legislation directly burdened an activity of interstate trade, commerce or intercourse, s 92 would not be breached. The exception of reasonable regulation was developed concurrently. This school of thought set precedent in the Bank Nationalisation Case (Bank of New South Wales v Commonwealth (1948) 76 CLR 1). Held in 1948, the decision informed the preparation of Part XIII of the Indian Constitution by the Constituent Assembly. The Bank Nationalisation Case is now recognised by the High Court as having been wrongly decided. Regrettably, the Supreme Court has failed to take notice of this re-interpretation. This paper argues that the Supreme Court would give clarity of meaning and certainty of operation to Art 301 if it were to apply the Cole v Whitfield test for s 92. Under that test, a law infringes s 92 only if it imposes a burden on interstate trade and commerce and that burden is discriminatory in a protectionist sense.

In the Absence of a Uniform Civil Code, is the Special Marriage Act the Best Alternative for Women?

A Uniform Civil Code is promised by the framers of the Constitution to the Citizens of India. The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. To the authors of the Indian constitution, a Uniform Civil Code meant a commonly enforceable set of laws governing marriage, divorce, adoption, inheritance and other personal and familial matters. However, even after nearly 60 years of independence, the Indian Legislature could not fulfill this promise for several political and social reasons. The Uniform Civil Code controversy arises from the three-way tension between; the traditional political impulse to leave communities alone to manage their social life; the modernist political values of 'rule of law' which requires that one law apply to everyone and that everyone should benefit equally from the laws of the state; and the political imperative of pleasing every constituency possible.

Spectral Secularism: Religion, Politics and Democracy in India

Everyone invokes secularism in India. So the spectrum of secularism is very large. However, it is rather the spectral ideas of “majority” (hindus) and “minorities” (Muslims, Christians) conceived in demographic (rather than political) terms which characterizes the discussion of this question. The insistence of Hindu nationalists on emphasizing that they are the majority tend to blur the difference between Hindu identity and Indian identity, coextensive with the territory of India. This concept, moreover, serves them in their legitimating of the democratic system insofar as the arithmetical rule is a first principle of this political regime. In the name of a secularism founded on the idea of the greater number (and also the supposed ideal of immemorial Hindu tolerance) India must be governed in accordance with demographic fact defined in religious terms. One of the paradoxical consequence of this “majoritarianism” is the development of “majority minority complex” of the Hindus and the increasing hate and violence (against Muslims and Christians). Today, the Hindu nationalism programme effectively dominates public debate. Its partisans has succeeded in discriminating between “friends” and “foes”, those inside and those outside, those whom one holds dear and those whom one pillories on the basis of a real or imaginary menace weighing upon autochthony, culture, religion and race, and the national (state) sovereignty.

Swabi salinity control and reclamation project

At the beginning of the last century, in the tribal territory of India's North West Frontier Province, British engineers constructed the Upper Swat Canal system. The project comprised diversion works on the River Swat to provide 2400 cusec (68 m3/s) via a canal network to irrigate over 300 000 acres (121 400 ha) of fertile rainfed land. The civil engineering is bold and imaginative, incorporating tunnels, multi-span aqueducts in stone masonry, steel siphons under major river gorges and notch fall structures, all superb examples of the engineering excellence of that era. This paper describes the rehabilitation and upgrading of the system which was carried out by the Government of Pakistan between 1991 and 1999 under a US$162 million project, funded by the Asian Development Bank.

Changing scenario of hepatitis A virus and hepatitis E virus exposure among the primitive tribes of Andaman and Nicobar Islands, India over the 10-year period 1989-99.

The Andaman and Nicobar Islands, Union Territory of India, are home to six primitive tribes. Studies carried out earlier among these tribes revealed very high rates of hepatitis B infection. We have now studied hepatitis A and E infection among them. A total of 951 serum samples were collected from four accessible tribes (Nicobarese, Shompens, Onges and Great Andamanese) and tested for antibodies against hepatitis A and E viruses. In addition, 240 serum samples collected a decade earlier from age-stratified Nicobarese were also screened. Hepatitis A virus (HAV) infection was found to be highly endemic among all the tribes, whereas hepatitis E virus (HEV) infection was common among the Nicobarese and Shompens. The age group-wise prevalence of these infections among the Nicobarese showed different patterns, HAV prevalence rising significantly from those aged 10 years and thereafter reaching a plateau, whereas HEV prevalence was found to be more evenly distributed over all age groups, but rising somewhat after 30 years of age. Over the last decade, the prevalence of HAV among the Nicobarese has declined slightly, particularly in those aged 10 years or less whereas HEV infection has more than doubled over all age ranges. Different HEV prevalence observed among the tribes could not be attributed to differences in sanitation or water supply. This fact and the different age-wise patterns of HAV and HEV prevalences is suggestive of different modes of transmission of HEV that are not shared. The highest rates for HEV were among those tribes which reared pigs suggesting that pigs might serve as reservoir of HEV. Further studies are needed, however, to validate these findings.