Right to Land as Part of the Right to Culture: An International Law Critique of the Recent Indian Supreme Court Order on the India’s Forest Rights Act 2006

2020 ◽  
pp. 55-76
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Court Order ◽  
Indian Supreme Court ◽  
The Right

Under the Law

2018 ◽  
Vol 99 (5) ◽  
pp. 76-77
Author(s):  
Julie Underwood
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Universal Declaration ◽  
Educational Rights ◽  
The Supreme Court ◽  
The World ◽  
The Law ◽  
The Right ◽  
The U.S

The right to an education is guaranteed by international law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary to “prepare the children of the world for the responsibilities of freedom.” No such right is mentioned in the U.S. Constitution, though. Perhaps Congress or the Supreme Court would be sympathetic, however, to an argument for educational rights based on the 14th Amendment’s guarantee of the rights of citizenship.

The Democratizing Force of International Law

2018 ◽  
Author(s):  
Neha Jain
Keyword(s):  
Supreme Court ◽  
International Law ◽  
International Community ◽  
The State ◽  
Constitutional Rights ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Status ◽  
Indian Supreme Court

This chapter argues that international law has served as a useful tool for the Indian Supreme Court in fulfilling aims that have little to do with the court’s purported status as an organ of the international community. Rather, the Supreme Court has appropriated international legal norms to pursue primarily domestic goals. This chapter proceeds as follows. Section II gives an overview of the status of international law in the Indian constitutional scheme. Section III analyzes the creative uses of international law by the Indian Supreme Court to fill in and add to the content of constitutional rights and guarantees, enabling its encroachment into domains that are normally the prerogative of the legislature and the executive. Section IV puts forward a possible explanation for this appropriation of international legal norms and suggests that international law has performed a legitimizing function in the Supreme Court’s articulation of its vision of the state.

The Right to Fair Compensation under “The Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013”

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr Anurag Kumar Srivastava
Keyword(s):  
Supreme Court ◽  
Private Property ◽  
West Bengal ◽  
Market Value ◽  
Land Acquisition ◽  
Land Reforms ◽  
Valuation Method ◽  
Fair Compensation ◽  
Indian Supreme Court ◽  
The Right

This paper is mainly focused on compensation and its protection under Indian Constitution, judicial approach and development of concept of compensation, relevant principles of compensation mean general rules whose application enables us to determine the market value. The problem of valuation and determination of present market value in relation to lands and buildings under laws relating to Land Acquisition. Cases decided by the the Supreme Court in Bela Banerjee v. State of West Bengal 2 and State of West Bengal v. Subodh Gopal Bose 3 is deeply analyzed to test the law providing for acquisition or extension of interest of private owners in properties. It is observed that the power of the sovereign to take private property for public use and the consequent rights of the owner to compensation are well established. In justification of the power, two maxims are often cited Salus Populi est Supreme lex (regard for the public welfare is the highest law) and Necessities Public a major est quam Privata (Public necessity is greater than private necessity). The Land Acquisition Act seems to be very special as much legislations are based on it; facilitating awaited industrialization, giving a solution to unemployment4, widening the divide between urban and rural5, threatening environment and propagating disguised unemployment6etc. The tops-turvy journey of Indian Supreme Court has been swaying in between the idea of ‘Social Justice’, ‘Distributive Justice’, land reforms and Zamindari abolition by compensatory acquisition of land. But in doing so the achievement of Indian Supreme Court has that one size fit all type of computation formula for calculation of compensation cannot be applied to each and every case. The Judiciary has discussed all pros and cons of various types of valuation method. However due to variety of properties and allied attachments, one type cannot be applied to each case uniformly.

India Before and After theRight of PassageCase

2014 ◽  
Vol 5 (1) ◽  
pp. 176-208 ◽  
Author(s):  
Prabhakar SINGH
Keyword(s):  
Foreign Policy ◽  
Supreme Court ◽  
International Law ◽  
Body Politic ◽  
Indian Government ◽  
Specific Approach ◽  
Post Colonial ◽  
Before And After ◽  
Indian Supreme Court

TheRight of Passagecase flagged off India's adversarial tryst with international law, in which Portugal had argued for the validity of a 1779 treaty signed with the Marathas. India had denied its existence and interpretation. Within the UN Charter, India's subsequent assimilation of Goa constituted illegal invasion, with which the Indian Supreme Court disagreed. Subsequently, Britain deployed its colonialde juredistinction by refusing to recognize India's control of Goa. However, for Nehru, Goa was “a symbol of decadent colonialism trying to hold on”. TheRight of Passagecase profoundly shaped India's post-colonial foreign policy by coupling India's body politic with its judiciary. Since then, theLotuscase continues to enamour the Indian government. This paper considers the views of the Indian government, judiciary, and publicists to examine whether India has been able to advance a specific approach to international law.

scholarly journals Rights or Benefits? The Indian Supreme Court and Criminal Procedure

2019 ◽  
Vol 6 (1) ◽  
pp. 12-20
Author(s):  
Abhinav Sekhri
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Criminal Procedure ◽  
Criminal Process ◽  
The Supreme Court ◽  
Scant Attention ◽  
Indian Law ◽  
Indian Supreme Court ◽  
The Right ◽  
Procedural Rights

This article suggests that the recent decisions by the Indian Supreme Court in Mohan Lal v. State of Punjab, and Varinder Kumar v. State of H.P., are perhaps indicative of a more pervasive trend that stretches back to the dawn of the due process era in Indian law. This trend is one where the Supreme Court is confronted with systemic issues in the criminal process while dealing with petitions brought by singularly oppressed litigants, and it treats the litigation itself as a means to solve the perceived problem. The tool to solve these problem in the criminal process is the creation of new criminal procedure rights through the vehicle of Article 21. In its reformist zeal, scant attention is paid to the several important questions of scope and consequential remedy that are inherent to any notion of rights. Over time though, the Court seems to realise that hard cases make bad law. And when cases involving seemingly undeserving litigants start invoking those procedural rights, the Court signals a retreat and transforms the ‘right’ into a ‘benefit’, that it can dole out in only the most deserving cases. This is not a definitive study, but only offers a different perspective to examine the Supreme Court’s contribution to the field of criminal procedure.

Part VII Rights—Substance and Content, Ch.46 Assembly and Association

2016 ◽  
Author(s):  
Guruswamy Menaka
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Historical Background ◽  
Government Employees ◽  
Freedom Of Association ◽  
Colonial India ◽  
Public Meetings ◽  
Procedure Code ◽  
Indian Supreme Court ◽  
The Right

This chapter examines the relevant provisions of the Indian Constitution with respect to freedom of assembly and freedom of association. It begins with a historical background on the restrictions to the freedom to assemble peaceably in colonial India, as well as restrictions under the Criminal Procedure Code covering public meetings and the right of government employees to participate in demonstrations. It then considers the power of the State to curtail the freedom to assemble, the constitutionality of Section 144 of the Criminal Procedure Code, the right to strike, and what constitutes unlawful association. It also discusses the jurisprudence of the Indian Supreme Court with regard to the freedom of association.

Part VII Rights—Substance and Content, Ch.49 Secularism and Religious Freedom

2016 ◽  
Author(s):  
Sen Ronojoy
Keyword(s):  
Supreme Court ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Educational Institutions ◽  
Indian Constitution ◽  
The Supreme Court ◽  
Indian Secularism ◽  
Indian Supreme Court ◽  
The Right

This chapter examines tensions arising from the constitutional provisions with regard to secularism and freedom of religion in India. In particular, it considers Articles 25, 26, and 28 of the Indian Constitution and how the Indian Supreme Court has dealt with cases relating to these Articles. After providing an overview of the Essential Practices doctrine as used by the Supreme Court to distinguish between the secular and religious, especially in the case of Hinduism, the chapter considers the Court’s position on the right to teach religion in educational institutions. It argues that Indian secularism, as interpreted by the courts, has failed to entirely live up to what the framers of the Constitution envisioned it to be.

Kiobel v. Royal Dutch Petroleum Co.: The Supreme court and the Alien Tort Statute

2013 ◽  
Vol 107 (3) ◽  
pp. 601-621 ◽  
Author(s):  
David P. Stewart ◽  
Ingrid Wuerth
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Focal Point ◽  
The United States ◽  
Customary International Law ◽  
Court Of Appeals ◽  
The Status ◽  
The Right ◽  
Alien Tort Statute

The U.S. Supreme Court has finally decidedKiobel v. Royal Dutch Petroleum Co.It is the Court’s second modern decision applying the cryptic Alien Tort Statute (ATS), which was enacted in 1789. Since the 1980 court of appeals decision inFilartiga v. Pena-Iralapermitting a wide of range human rights cases to go forward under the statute’s auspices, the ATS has garnered worldwide attention and has become the main engine for transnational human rights litigation in the United States. The statute itself and the decisions that it generates also serve as state practice that might contribute to the developing customary international law of civil universal jurisdiction, immunity for defendants in human rights cases, the duties of corporations, and the right to a remedy for violations of fundamental human rights. During the 1990s, the ATS became the focal point for academic disputes about the status of customary international law as federal common law. Indeed, to the extent that the “culture wars” have played out in U.S. foreign relations law, the ATS has been their center of gravity.

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