DCL413

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 1
Assignment Answered for Course 413 - PGDCLIPR: 2014 Batch

LEGAL ORGANIZATION STRUCTURES, CONSTITUTIONAL LAWS AND
INTERNATIONAL LAWS
Name: Ashvin P N
Coordinator: Dr. Rajeev Warkar
Enroll. No.: 19CL01129-14
Program/ Course: PGDCLIPR 2013-14/ DCL 413
25 July 2014
DCL413 Q1:
Write a detailed note on concept of state and citizenship.
India is described as a union of states. Since India is a union of states. It is composite
state.
By part III of the Indian constitution several rights referred to as fundamental Rights, are
for what have been traditionally known as' Natural rights'. Fundamental rights recognize
the important of life. Liberty and happiness as she/he likes. The development of a citizen
personality, the pursuit of his profession or vocation, and the manner in which he seeks to
enjoy the pleasure and comforts of life interfere with this basic right only if considerations
of public good justify such interruption.
The next question what is state? According to article 12 of the Indian Constitution state
includes The state" includes the government and parliment of India and the
government and legislature of each of the states and all local or other authorities
within the territory of Indian or under the control of the government if Indian.
By part III several rights referred to as fundamental rights, are conferred and the state is
prohibited from infringing them. SO, it has become necessary to provide a definition of
state for purpose of part III
Scope the definition: - When granting a remedy against state action for infraction of
fundamental rights, the Supreme Court is being guided by the definition of state in art 12
of the constitution. That definition takes in the legislature of the state, parliment, the union
and state governments and all local or other authorities within India or under the control
of the government of India".
a) Legislature: Doctrine of judicial review- The primary purpose of fundamental rights is to
put certain beyond the reach of the Legislature. The Judiciary have the power to review
do not power of judicial review, the power to invalidate legislation infringing the
constitutional provisional.
b) Executive action: State includes executive: form the definition of state in Article 12 it is
clear that executive action can be complained of where it infringes fundamental rights.
The Executive is always accountable for its actions whether such action leads to
infringement of an ordinary right or a fundamental right.
c) Local Authorities: Municipalities and institutions of local government are included within
the definition of state in article 12.
Other authorities: The scope expressions" other authorities" in Art12 has been widened
by judicial interpretation, fundamental rights can asserted only against the state. For
instance, if a university is not a "State" as defines in Art 12. The Employees or students of
the university cannot claim any of the fundamental rights against the university.
Then who is a citizen and how to acquire citizenship?

The population of a state is divided in to two classes. Citizens and aliens. While citizens
enjoy full civil and political rights, aliens do not enjoy all of them. Citizens are members of
the political community to which they belong. They are the people who compose the
state.
[A] Under Art. 5-8 of the constitution, the following persons became citizens of India at
commencement of the constitution.
I. a person born as well as domiciles in the territory of India irrespective of the nationality
of his parents
II. A person domiciled in the territory of India , either of whose parents was born in the
territory of India, Irrespective of the nationality of his/her parents or the place of birth of
such person (Art 5(b)]
III. A person who or whose father or mother was not born in India, but who had his
domicile in territory of India and had been ordinarily residing within territory of India for
not less than 5 years immediately preceding the commencement of the constitution. In
this case also, the nationality of the persons parents n immaterial. Thus a subject of
Portuguese settlement, residing the commencement of the constitution, with the intention
of permanently residing in India, would become a citizen of India at the commencement
of the constitution [Art.5(c)]
IV person who had migrated from Pakistan, providedi) He/her or either of his/her parents or grandparents was born in India as defined in the
government of India Sct, 1935
ii) If he had migrated on the after July 1948 he further makes an application before the
commencement of this constitution for registering himself as a citizen of India to an officer
appointed by the government of India, and is registered by that officer being satisfied that
the applicant has resided in the territory of India, for at least 6 months before such
application [Art.6]
V A person who had migrated from India to Pakistan After the 1 march 1947 but had
subsequently returned to India under a permit issued under the authority of the
government of India for resettlement or remnant return or under the authority of any law
provided he gets himself registered in same manner as under Art, 6(B)(ii){Art.7}
VI A person who or any of whose parents or grandparents was born in India as defined in
the government of India Sct,1935 but who is ordinarily residing in any country outside
India on application in the prescribed form, to consular or diplomatic representative of
India in the court of his residence [Art.8]
[B] The Various modes of acquisition of citizenship prescribed by the citizenship act 1955
are as follows,
a) Citizenship by birth. Every person born in India on or after Jan 26 1950 shall be citizen
of India by Birth.
b) Citizenship by decent. Broadly speaking a person born outside India on or after Jan 26
1950 shall be citizen of India by decent if either of his/her parent is a citizen of India at the
time of the persons' death.
c) Citizenship by registration. Several Classes of person can acquire Indian citizenship by
registering themselves to the effect before the prescribed authority.
d) Citizenship by naturalization. A foreigner can acquire Indian citizenship on applicant for
naturalization to the government of India.

e) Citizenship by Incorporation of Territory. If any new territory becomes a part of India the
government of India shall specify the persons of the territory who shall be citizens of India
The Citizenship Act 1955 lays down how the citizenship of India may be lost whether it
was acquired under the Citizenship Act 1955 or prior to it under the provisions of the
constitution. It may happen in any of the three ways: Renunciation, Termination or
Deprivation.
a) Renunciation is a voluntary act by which a person holding the citizenship of India as
well as that of another country may abjure one of them.
b) Termination shall take place by operation of law as soon as a citizen of India voluntarily
acquired the citizenship of another country.
c) Deprivation is compulsory termination of the citizenship of India by an order of the
government of India, if it satisfied as to the happening of certain contingencies.
E.g. fraud, disloyalty, etc.
It should be noted in this context that our constitution through federal provides for one
citizenship only, namely the citizenship of India. In federal states like the USA and
Switzerland there is dual citizenship namely federal or national citizenship and citizenship
of the state where a person is born or permanently resides and there are distinct rights
and obligations flowing from the two kinds of citizenships. In India, a person who born or
resident in any state can acquire only one citizenship, namely, that of India and the civic
and the political rights which are conferred by the constitution upon the citizens of India
can be equally claimed by any citizen of India irrespective of his birth and residence in
any part of India.
DCL413 Q2:
English law is the basis for the Indian Law". Discuss
Law in India has evolved from religious prescription to the current constitutional and legal
system we have today, traversing through secular legal systems and the common law.
India has a recorded legal history starting from the Vedic ages and some sort of civil law
system may have been in place during the Bronze Age and the Indus Valley civilization.
Law as a matter of religious prescriptions and philosophical discourse has an illustrious
history in India. Emanating from the Vedas, the Upanishads and other religious texts, it
was a fertile field enriched by practitioners from different Hindu philosophical schools and
later by Jains and Buddhists. Indian judiciary is a single integrated system of courts for
the union as well as the states, which administers both the union and state laws, and at
the head of the entire system stands the Supreme Court of India. The development of the
judicial system can be traced to the growth of modern-nation states and constitutionalism.
Secular law in India varied widely from region to region and from ruler to ruler. Court
systems for civil and criminal matters were essential features of many ruling dynasties of
ancient India. Excellent secular court systems existed under the Mauryas (321-185 BCE)
and the Mughals (16th 19th centuries) with the latter giving way to the current common
law system. During ancient times, the concept of justice was inextricably linked with
religion and was embedded in the ascriptive norms of socially stratified caste groups.
Caste panchayats performed the role of judiciary at the local level, which was tied up with
the religious laws made by the monarchs. Most of the Kings courts dispensed justice
according to dharma, a set of eternal laws rested upon the individual duty to be
performed in four stages of life (ashrams) and status of the individual according to his
status (Varna). The Kings power to make laws depended on the religious texts and the
King had virtually no power to legislate on his own initiative and pleasure. Ancient state
laws were largely customary laws and any deviation from it or contradiction from dharma
was rejected by the community. In medieval times, the dictum King can do no wrong was
applied and the King arrogated to himself an important role in administering justice. He
became the apostle of justice and so the highest judge in the kingdom. Perhaps, the

theory of institutionalism
authoritarianism.
guided
justice,
manifesting
gross
arbitrariness
and
Law in British-ruled India

The common law system a system of law based on recorded judicial precedents- came
to India with the British East India Company. The company was granted charter by King
George I in 1726 to establish Mayors Courts in Madras, Bombay and Calcutta (now
Chennai, Mumbai and Kolkata respectively). Judicial functions of the company expanded
substantially after its victory in Battle of Plassey and by 1772 companys courts expanded
out from the three major cities. In the process, the company slowly replaced the existing
Mughal legal system in those parts. However, the Regulating Act of 1773 established for
the first time the Supreme Court of India in Calcutta, consisting of the Chief Justice and
three judges (later reduced to two) appointed by the Crown acting as Kings court and not
East India Companys court. Later, Supreme Courts were established in Madras and
Bombay. The Court held jurisdiction over His Majestys subjects. In this period the
judicial system had two distinct systems of courts, the English system of Royal Courts,
which followed the English law and procedure in the presidencies and the Indian system
of Adalat/Sadr courts, which followed the Regulation laws and Personal laws in the
provinces.
Following the First War of Independence in 1857, the control of company territories in
India passed to the British Crown. Being part of the empire saw the next big shift in the
Indian legal system. Supreme courts were established replacing the existing mayoral
courts. These courts were converted to the first High Courts through letters of patents
authorized by the Indian High Courts Act passed by the British parliament in 1862.
Superintendence of lower courts and enrolment of law practitioners were deputed to the
respective high courts. Under the High Court Act of 1861, these two systems were
merged, replacing the Supreme Courts and the native courts (Sadr Dewani Adalat and
Sadr Nizamat Adalat) in the presidency towns of Calcutta, Bombay and Madras with High
Courts. However, the highest court of appeal was the judicial committee of the Privy
Council. British efforts were made to develop the Indian legal system as a unified court
system. Indians had neither laws nor courts of their own, and both the courts and laws
had been designed to meet the needs of the colonial power. During the Raj, the Privy
Council acted as the highest court of appeal. Cases before the council were adjudicated
by the law lords of the House of Lords. The state sued and was sued in the name of the
British sovereign in her capacity as Empress of India.
During the shift from Mughal legal system, the advocates under that regimen, vakils, too
followed suit, though they mostly continued their earlier role as client representatives. The
doors of the newly created Supreme Courts were barred to Indian practitioners as right of
audience was limited to members of English, Irish and Scottish professional bodies.
Subsequent rules and statutes culminating in the Legal Practitioners Act of 1846 which
opened up the profession regardless of nationality or religion. Coding of law also began
in earnest with the forming of the first Law Commission. Under the stewardship of its
chairman, Thomas Babington Macaulay, the Indian Penal Code was drafted, enacted and
brought into force by 1862. The Code of Criminal Procedure was also drafted by the
same commission. Host of other statutes & codes like Evidence Act (1872), Contracts Act
(1872).
The Government of India Act of 1935 (section 200) set up the Federal Court of India to
act as an intermediate appellant between High courts and the Privy Council in regard to
matters involving the interpretation of the Indian Constitution. It was not to pronounce
any judgment other than a declaratory judgment which meant that it could declare what

the law was but did not have authority to exact compliance with its decisions. The Federal
Courts power of judicial review was largely a paper work and therefore a body with very
limited power. Despite the restrictions placed on it, the Federal Court continued to
function till 26th January 1950, when independent Indias Constitution came into force. In
the meantime, the Constituent Assembly became busy drafting the basic framework of
the legal system and judiciary.
Law after Independence
At the dawn of independence, the parliament of independent India was the forge where a
document that will guide the young nation was being crafted. It will fall on the keen legal
mind of B. R. Ambedkar to formulate a constitution for the newly independent nation. The
Indian Bar had a role in the Independence movement that can hardly be overstated that
the tallest leaders of the movement across the political spectrum were lawyers is ample
proof. Perhaps it is the consequent understanding of law and its relation to society that
prompted the founding fathers to devote the energy required to form a Constitution of
unprecedented magnitude in both scope and length.
The Constitution of India is the guiding light in all matters executive, legislative and
judicial in the country. It is extensive and aims to be sensitive. The Constitution turned the
direction of system originally introduced for perpetuation of colonial and imperial interests
in India, firmly in the direction of social welfare. The Constitution explicitly and through
judicial interpretation seeks to empower the weakest members of the society. India has
an organic law as consequence of common law system. Through judicial
pronouncements and legislative action, this has been fine-tuned for Indian conditions.
The Indian legal systems move towards a social justice paradigm, though undertook
independently, can be seen to mirror the changes in other territories with common law
system. India now host legal system for worlds largest democracy.
DCL413 Q3:
Write an essay on fundamental rights available under the Indian Constitution?
Fundamental rights is a charter of rights contained in the Constitution of India. It
guarantees civil liberties such that all Indians can lead their lives in peace and harmony
as citizens of India. These include individual rights common to most liberal democracies,
such as equality before law, freedom of speech and expression, and peaceful assembly,
freedom to practice religion, and the right to constitutional remedies for the protection of
civil rights by means of writs such as habeas corpus. Violation of these rights result in
punishments as prescribed in the Indian Penal Code or other special laws, subject to
discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms
which every Indian citizen has the right to enjoy for a proper and harmonious
development of personality. These rights universally apply to all citizens, irrespective of
race, place of birth, religion, caste or gender. Aliens (persons who are not citizens) are
also considered in matters like equality before law. They are enforceable by the courts,
subject to certain restrictions. The six fundamental rights recognized by the Indian
constitution are,
1. Right to Equality
The purpose of this right is to establish the rule of law where all the citizens should be
treated equal before the law. It has five provisions (Articles 14-18) to provide for equality
before law or for the protection of law to all the persons in India and also for prohibition of
discrimination on grounds of religion, race, caste, gender or place of birth, and equality of
opportunity in matters of employment, abolition of untouchability and abolition of titles.
Reference articles under Part 3 of Indian constitution defining fundamental rights:
Article 14. Equality before law.
Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 16. Equality of opportunity in matters of public employment.
Article 17. Abolition of Untouchability
Article 18. Abolition of titles.
2. Right to Freedom
The constitution of India provides Right to Freedom to all its citizens. This Right is
stipulated under Articles 19-22. This includes speech and expression, assembly,
association or union or cooperatives, movement, residence, and right to practice any
profession or occupation (some rights are subject to security of the State, friendly
relations with foreign countries, public order, decency or morality), right to life and liberty,
education, protection in respect to conviction in offences and protection against arrest
and detention in certain cases.
Article 19. Protection of certain rights regarding freedom of speech, etc.
Article 20. Protection in respect of conviction for offences.
Article 21. Protection of life and personal liberty.
Article 22. Protection against arrest and detention in certain cases.
3. Right against Exploitation

We might have seen a small child working in a tea shop or a poor and illiterate person
being forced to work in the household of a rich person. Traditionally, the Indian society
has been hierarchical that has encouraged exploitation in many forms. Which is why, the
Constitution makes provisions against such exploitation prohibiting all forms of forced
labour, child labour and traffic in human beings; The citizens have been guaranteed the
right against exploitation through Articles 23 and 24 of the Constitution.
Article 23. Prohibition of traffic in human beings and forced labour.
Article 24. Prohibition of employment of children in factories, etc.
4. Right to freedom of religion

As we know, one of the objectives declared in the Preamble is to secure to all its citizens
liberty of belief, faith and worship. Since India is a multi-religion country, where Hindus,
Muslims, Sikhs, Christians and many other communities live together, the Constitution
declares India as a secular state. It means that Indian State has no religion of its own.
But it allows full freedom to all the citizens to have faith in any religion and to worship, the
way they like. But this should not interfere with the religious beliefs and ways of worship
of other fellow beings. This freedom is available to the foreigners as well. In respect of the
Right to freedom the Constitution makes the following four provisions under Articles 2528, including freedom of conscience and free profession, practice, and propagation of
religion, freedom to manage religious affairs, freedom from certain taxes and freedom
from religious instructions in certain educational institutes.
Article 25. Freedom of conscience and free profession, practice and propagation of religion.
Article 26. Freedom to manage religious affairs.
Article 27. Freedom as to payment of taxes for promotion of any particular religion.
Article 28. Freedom as to attendance at religious instruction or religious worship in certain
education institutions.
5. Cultural and Educational rights

India is the largest democracy in the world having diversity of culture, scripts, languages
and religions. As we know the democracy is a rule of the majority. But the minorities are
also equally important for its successful working. Therefore, protection of language,
culture and religion of the minorities becomes essential so that the minorities may not feel
neglected or undermined under the impact of the majority rule. Since people take pride in

their own culture and language, a special right known as Cultural and Educational Right
has been included in the Chapter on Fundamental Rights. In Articles 29-30 two major
provisions have been made preserving Right of any section of citizens to conserve their
culture, language or script, and right of minorities to establish and administer educational
institutions of their choice.

Article 29. Protection of interests of minorities.
Article 30. Right of minorities to establish and administer educational institutions.
Article 31. [Compulsory acquisition of property.] Repealed.
6. Right to constitutional remedies for enforcement of Fundamental Rights.

Since Fundamental Rights are justiciable, they are just like guarantees. They are
enforceable, as every individual has the right to seek the help from courts, if they are
violated. But in reality it is not so. Encroachment or violation of Fundamental Right in our
day to day life is a matter of great concern. Which is why, our Constitution does not
permit the legislature and the executive to curb these rights. It provides legal remedies for
the protection of our Fundamental Rights. This is called the Right to Constitutional
Remedies stipulated in Article 32. When any of our rights are violated, we can seek
justice through courts. We can directly approach the Supreme Court that can issue
directions, orders or writs for the enforcement of Fundamental Rights.
Article 32. Remedies for enforcement of rights conferred by this Part.
Article 32A. [Constitutional validity of State laws not to be considered in proceedings under article
32] Repealed.
Article 33. Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.
Article 34. Restriction on rights conferred by this Part while martial law is in force in any area.
Article 35. Legislation to give effect to the provisions of this Part.
Right to Education (RTE)

The Right to Education is added by introducing a new Article 21A in the Chapter on
Fundamental Rights in 2002 by the 86th Constitutional Amendment. It was a long
standing demand so that all children in the age group of 6-14 years (and their parents)
can claim compulsory and free education as a Fundamental Right. It is a major step
forward in making the country free of illiteracy. But this addition remained meaningless,
as it could not be enforced until 2009 when the Parliament passed the Right to Education
Act, 2009. It is this Act which aims at ensuring that every child who is between 6-14 years
of age and is out of the school in India, goes to school and receives quality education,
that is his/her right.
Right to property was originally a fundamental right, but under 44th Amendment Act, right
to property ceased to be a Fundamental right. Instead the right to property is mentioned
under 300A of Indian Constitution, stating that no person can be deprived of his property
save by law.
Fundamental rights for Indians have also been aimed at overturning the inequalities of
pre-independence social practices. Specifically, they have also been used to abolish
untouchability and thus prohibit discrimination on the grounds of religion, race, caste, sex,
or place of birth. They also forbid trafficking of human beings and forced labour. They
also protect cultural and educational rights of ethnic and religious minorities by allowing
them to preserve their languages and also establish and administer their own education
institutions.

DCL413 Q4:
Briefly discuss the system of administrative tribunals in India.
In India, administrative adjudication increased after independence and several welfare
laws were promulgated which vested the power on deciding various issues in the hands
of the administration. The modern Indian Republic was born a Welfare State and thus the
burden on the government to provide a host of welfare services to the people was
immense. These quasi-judicial powers acquired by the administration led to a huge
number of cases with respect to the manner in which these administrative bodies arrived
at their decisions. The Courts held that these bodies must maintain procedural
safeguards while arriving at their decisions and observe principles of natural justice-their
opinions were substantiated by the 14th Law Commission Report. In order to avoid
clogging the judicial machinery with cases which would have arisen by the operation of
these new socio-economic legislations, a number of tribunals were established by the
government. The tribunals were established with the object of providing a speedy, cheap
and decentralized determination of disputes arising out of the various welfare legislations.
Only administrators having expert knowledge can tackle such problems judiciously. To
meet this requirement, a number of administrative tribunals have come into existence.
In India such tribunals were set up immediately after independence. In fact, the most
important adjudicatory function is carried out by statutory tribunals created by the
legislature to adjudicate upon certain disputes arising from administrative decisions or to
determine issues judicially. The Railway Rates Tribunal, the Income Tax Appellate
Tribunal, Labour Tribunals, the Companies Tribunal, various Compensation Tribunals,
Revenue Courts of various States, etc., can be cited as examples of such tribunals.
Regarding the problem of backlog and delayed disposal of case the Government set up
the Administrative Reforms Commission in 1967. It was to examine the problem,
suggests
solutions and also to recommend the suitable areas in which tribunals could be set up,
according to this commission The reasons for the growth of administrative tribunals are
as follows,
Inadequacy of the traditional judiciary to effectively decide administration-related
matters especially when it came to technicalities.
The traditional judiciary was seen to be slow, costly and excessively procedural.
The Commission also recommended the establishment of independent tribunals in
the following areas:
o Service matters and dispute of employees under the state
o Orders of assessment on adjudication under Customs, Central Excise, Sales
Tax and orders under the Motor vehicles Act.
Period of emergency played a crucial role in the evolution of tribunals in India. There
were clear signals that the executive did not want the judiciary to interfere with their
developmental plans and other such decisions. Such as removing disputes regarding
elections to the office of President, Prime Minister and Speaker of the Lok-Sabha beyond
judicial scrutiny. Hence in 1976 the issue was discussed at the Conference of Chief
Secretaries and from amongst all these discussions and the reports of the various bodies
stated above, Parliament enacted the 42ndConstitution (Amendment) Act, 1976 inserting
Articles 323A and 323B which provided for the establishment of administrative and other
tribunals to deal with the matters specifically provided for.
The main distinction that can be made out between article 323A and 323B is that while
323A allows for the Parliament to by law provide for administrative tribunals to adjudicate
disputes, 323B allows for the any appropriate legislature, to by law create an
administrative tribunal for the adjudication of disputes.
Administrative Tribunals Act, 1985

In pursuance of Art 323-A Parliament has passed the Administrative Tribunals Act, 1985
covering all matters falling within the clause (1) of Article 323- A. This Act authorizes
central government to establish administrative tribunals for central services and on the
application of States even for States services as well as for local bodies and other
authorities including public corporation. From the date of establishment of tribunals all
courts except the Supreme Court under Art 136 lose their jurisdiction with respect to the
matter falling within the jurisdiction of the tribunals.
A tribunal shall consist of Chairman and such number of Vice-Chairmen and other
members as appropriate Government may deem fit. They are appointed by the President
in the case of Central tribunals and by the President in consultation with the Governors or
Governors in case of State or joint Tribunals. The qualifications regarding that are laid
down in the Act. Other aspects regarding administrative Tribunals are being discussed
below.
TYPES OF ADMINISTRATIVE TRIBUNALS
There are different types of administrative tribunals, which are governed by the statues,
rules, and regulations of the Central Government as well as State Governments.
Central Administrative Tribunal (CAT)
The enactment of Administrative Tribunals Act in 1985 opened a new chapter in
administering justice to the aggrieved government servants. It owes its origin to Article
323
A of the Constitution which empowers the Central Government to set up by an Act of
Parliament, the Administrative Tribunals for adjudication of disputes and complains with
respective recruitment and conditions of service of persons appointed to the public
services and posts in connection with the Union and the States. The Tribunals enjoy the
powers of the High Court in respect of service matters of the employees covered by the
Act. They are not bound by the technicalities of the Code of Civil Procedure, but have to
abide by the Principles of Natural Justice. They are distinguished from the ordinary courts
with regard to their jurisdiction and procedures. This makes them free from the shackles
of the ordinary courts and enables them to provide speedy and inexpensive justice. The
Act provides for the establishment of Central Administrative Tribunal and State
Administrative Tribunals. The CAT was established in 1985. The Tribunal consists of a
Chairman, Vice-Chairman and Members. These Members are drawn from the judicial as
well as the administrative streams. The appeal against the decisions of the CAT lies with
the Supreme Court of India.
Customs and Excise Revenue Appellate Tribunal (CERAT)
The Parliament passed the CERAT Act in 1986 The Tribunal adjudicate disputes,
Complaints or offences with regard to customs and excise revenue. Appeals from the,
orders of the CERAT lies with the Supreme Court
Election Commission (EC)
The Election Commission is a tribunal for adjudication of matters pertaining to the
allotment of election symbols to parties and similar other problems. The decision of the
commission can be challenged in the Supreme Court.
Foreign Exchange Regulation Appellate Board (FERAB)
The Board has been set up under the Foreign Exchange Regulation Act, 1973. A person
who is aggrieved by an order of adjudication for causing breach or committing offences
under the Act can file an appeal before the FERAB.

Income Tax Appellate Tribunal
This tribunal has been constituted under the Income Tax Act, 1961. The Tribunal has its
benches in various cities and appeals can be filed before it by an aggrieved persons
against the order passed by the Deputy Commissioner or Commissioner or Chief
Commissioner or Director of Income Tax. An appeal against the order of the Tribunal lies
to the High Court. An appeal also lies to the Supreme Court if the High Court deems fit.
Railway Rates Tribunal
This-Tribunal was set up under the Indian Railways Act, 1989. It adjudicates matters
pertaining to the complaints against the railway administration. These may be related to
the discriminatory or unreasonable rates, unfair charges or preferential treatment meted
out by the railway 'administration. The appeal against the order of the Tribunal lies with
the
Supreme Court.
Industrial Tribunal
This Tribunal has been set up under the Industrial Disputes Act, 1947. It can be
constituted by' both the Central as well as State governments. Tribunal looks into the
dispute between employers and the workers in matters relating to wages, the period and
mode of payment, compensation and other allowances, hours of work, gratuity,
retrenchment and closure of the establishment. Appeals against decision of the Tribunal
lie with the Supreme Court.
What can Tribunals CAN DO
What can Tribunals CANNOT DO
Tribunal can declare unconstitutional a statute To question the ground of satisfaction of the
or subordinate legislation relating to the
dispute
before
it,
which
contravenes
provisions of the constitution.

Whether a body would be an authority within
the meaning of Art.12.
The tribunal can declare the unconstitutional a
President under Cl. (c) of the second

proviso to Art.311 (2)
To go into the merits of an administrative
determination in the absence of mala fides,
arbitrariness, colorable exercise of power
or exercise of power without jurisdiction; or
statute or subordinate legislation relating to
a finding without any evidence at all.

the dispute before it, which contravenes To overrule or by-pass decision of the High
provisions of the constitution.
Whether a body would be an authority within

the meaning of Art.12.
Court
which
are
binding
on
it
as
precedents.
Though, like the High Court or a Civil Court, an

administrative Tribunal has jurisdiction to
make interim order in like circumstances.
Administrative Tribunals do have their competencies and disciplinary matters to adhere to

and can perform other functions of Punishment, Compulsory retirement, Interlocutory
matters etc.
DCL413 Q5:
What is arbitration? Discuss the types of arbitration? Discuss the arbitration
procedure & alternative dispute resolution methods?
Arbitration is a method whereby parties can resolve their disputes privately. It is known
as an alternative dispute resolution mechanism. Instead of filing a case in a court, parties
can refer their case to an arbitral tribunal, which is the forum where arbitration

proceedings are conducted. The arbitral tribunal will consider the questions over which
the parties are in conflict and will arrive at a decision. This decision is known as an
'award'.
Arbitration is a streamlined legal procedure used for hundreds of years to resolve legal
disputes efficiently and at low cost. In India the law relating to arbitration is governed by
the Arbitration & Conciliation Act, 1996, which also governs the law relating to
international arbitration. The new arbitration and conciliation Act is based on the
UNCITRAL United Nations Commissions on International Trade Law, which according
to the United Nations General Assembly may be adopted by the member nations with a
view to bringing about uniformity in arbitration procedures and meet the needs of
international commercial arbitration in its commercial transactions with foreign countries.
Following are types of arbitration,
Domestic Arbitrations
Arbitration which occurs in India and have all the parties within India is termed as
Domestic Arbitration where the dispute is decided in accordance with substantive law in
India.
International Arbitration
An Arbitration in which any party belongs to other than India and the dispute is to be
settled in India or abroad is termed as International Arbitration. When arbitration
proceedings are originated or conducted in a place outside India and the Award is
required to be enforced in India, it is termed as Foreign Arbitrati or can be termed as
Foreign Arbitration.
Ad-hoc Arbitration
When a dispute or difference arises between the parties in course of commercial
transaction and the same could not be settled friendly by negotiation in form of
conciliation or mediation, in such case ad-hoc arbitration may be sought by the conflicting
parties. This arbitration is agreed to get justice for the balance of the un-settled part of the
dispute only and arranged by the parties themselves without recourse to an arbitral
instituting.
Institutional Arbitration
This kind of arbitration there is prior agreement between the parties that in case of future
differences or disputes arising between the parties during their commercial transactions,
such differences or disputes will be settled by arbitration as per clause provide in the
agreement (business contract containing terms of dispute or differences arising between
the parties and in accordance with rules of the institution).
Statutory Arbitration
It is mandatory arbitration which is imposed on the parties by operation of law or
enactment which specifically provides for arbitration in respect of disputes arising on
matters covered by the concerned enactment or the rules and/or by laws made there
under having the force of law. In such a case the parties have no option as such but to
abide by the law of land. It is apparent that statutory arbitration differs from the above
types of arbitration because (i) The consent of parties is not necessary; (ii) It is
compulsory Arbitration; (iii) It is binding on the Parties as the law of land; There are large
number of central and state acts which provide for such arbitration in statutory arbitration,
such of provisions and/or by laws made there under having the force of law of any
particular statutory arbitration shall not apply to that kind of statutory arbitration.
DCL413 Q6:
What are the legal provisions available under the state and subordinate courts?

High Courts
There shall be High Court for each state (Article 214), and every High Court shall be a
court of record and shall have all the powers of such a court including the power to
punish for contempt of itself (Article 215). However, Parliament may, by law, establish a
common High
Court for two or more states and a Union Territory (Article 231). Every High Court shall
consist of a Chief Justice and such other judges as the President may from time to time
deem it necessary to appoint. Provisions for additional judges and acting judges being
appointed by the President are also given in the Constitution. The President, while
appointing the judges shall consult the Chief Justice of India, the Governor of the State
and also the Chief Justice of that High Court in the matter of appointment of a judge other
than the Chief Justice. A judge of a High Court shall hold office until the age of 62 years.
A judge can vacate the seat by resigning, by being appointed a judge of the Supreme
Court or by being transferred to any other High Court by the President. A judge can be
removed by the President on grounds of misbehavior or incapacity in the same manner in
which a judge of the Supreme Court is removed.
Jurisdiction of High Courts
The jurisdiction of the High Court of a state is co-terminus with the territorial limits of that
state. The original jurisdiction of High court includes the enforcement of the Fundamental
Rights, settlement of disputes relating to the election to the Union and State legislatures
and jurisdiction over revenue matters. Its appellate jurisdiction extends to both civil and
criminal matters. On the civil side, an appeal to the High Court is either a first appeal or
second appeal. The criminal appellate jurisdiction consists of appeals from the decisions
of: a) A session judge, or an additional session judge where the sentence is of
imprisonment exceeding 7 years. b) An assistant session judge, metropolitan Magistrate
of other judicial Magistrate in certain certified cases other than petty cases.
The writ jurisdiction of High Court means issuance of writs/orders for the enforcement of
Fundamental Rights and also in cases of ordinary legal rights. High Court also has the
power to superintend all other courts and tribunals, except those dealing with armed
forces. It can also frame rules and issue instructions for guidance from time to time with
directions for speedier and effective judicial remedy. High Court also has the power to
transfer cases to itself from subordinate courts concerning the interpretation of the
Constitution. However, the Parliament, by law, may extend the jurisdiction of a High Court
to, or exclude the jurisdiction of a High Court from, any Union Territory. High Courts
power of original and appellate jurisdiction is also circumscribed by the creation of
Central Administrative Tribunals, with respect to services under the Union and it has no
power to invalidate a Central Act, rule, notification or order made by any administrative
authority of the Union.
The District Courts are at the top of all the subordinate or lower courts. They are however
under the administrative control of the High Court of the State to which the district court
belongs to. Their jurisdiction is confined to the districts they are responsible for, which
could be just one or more than one. The original jurisdiction of the District Courts in civil
matters is confined by not just the territorial limitations, but by pecuniary limitations as
well. The pecuniary limitations are laid down by the legislature and if the amount in
dispute in a matter is way above the pecuniary jurisdiction of the District Court, then the
matter will be heard by the concerned High Court of that State. In case of criminal
matters, the jurisdiction of the courts is laid down by the legislature.
The decisions of the District Courts are of course subject to the appellate jurisdiction of
the High Courts. Apart from these judicial bodies who enforce the laws and rules laid
down by the legislature and executive and also interpret them (the Supreme Court & High
Courts), there are numerous quasi-judicial bodies who are involved in dispute resolutions.
These quasi-judicial bodies are the Tribunals and Regulators.
Tribunals are constituted as per relevant statutory provisions and are seen as an
alternative forum for redressal of grievances and adjudication of disputes other than the
Courts. Some of the important tribunals are, Central Administrative Tribunal (CAT),
Telecom Disputes Settlement Appellate Tribunal (TDSAT), Competition Appellate Tribunal
(COMPAT), Armed Forces Tribunal (AFT), Debt Recovery Tribunal (DRT), etc.
The kind of cases the tribunals hear are limited to their specific area. That is TDSAT can
hear only matters related to telecom disputes and not matters of armed forces personnel.
So the area of operation of these tribunals are marked out at the beginning itself by the
statute under which its constituted. The same hold true for the various Regulators like
TRAI, DERC, etc. They regulate the activities of companies which fall under their purview
as per the statute. Thus, the Indian Judicial System is a mix of the Courts and the
Tribunals & Regulators, and all these entities working together as part of an integrated
system for the benefit of the nation. We will discuss few aspects of legal provisions as
below,
Court of Session
(1) The State Government shall establish a Court of Session for every sessions division
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the
High Court
(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions
Judges to exercise jurisdiction in a Court of Session
(4) The Sessions Judge of one sessions division may be appointed by the High Court to
be also an Additional Sessions Judge of another division, and in such case he may sit for
the disposal of cases at such place or places in other division as the High Court may
direct
(5) Where the office of the Sessions Judge is vacant, the High Court may make
arrangements for the disposal of any urgent application which is, or may be, made or
pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if
there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the
sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with
any such application
(6) The Court of Sessions shall ordinarily hold its sitting at such place or places at the
High Court may, by notification, specify; but, if, in any particular case, the Court of
Session is of opinion that it will tend to the general convenience of the parties and
witnesses to hold its sittings at any other place in the sessions division, it may, with the
consent of the prosecution and the accused, sit at that place for the disposal of the case
or the examination of any witness or witnesses therein Explanation For the purposes
of this Code, "appointment" does not include the first appointment, posting or promotion
of a person by the Government to any Service, or post in connection with the affairs of
the Union or of a State, where under any law, such appointment, posting or promotion is
required to be made by Government
Subordination of Assistant Sessions Judges
(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose
Court they exercise jurisdiction
(2) The Sessions Judges may, from time to time, make rules consistent with this Code, as
to the distribution of business among such Assistant Sessions Judges
(3) The Sessions Judge may also make provision for the disposal of any urgent
application, in the event of his absence or inability to act, by an Additional or Assistant
Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief
Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have
jurisdiction to deal with any such application

Courts of Judicial Magistrates
(1) In every district (not being a metropolitan area), there shall be established as many
Courts of Judicial Magistrates of the first class and of the second class, and at such
places, as the State Government may, after consultation with the High Court, by
notification, specify: Provided that the State Government may, after consultation with the
High Court, establish, for any local area, one or more Special Courts of Judicial
Magistrate of the first class or of the second class to try any particular case or particular
class of cases, and where any such Special Court is established, no other Court of
Magistrate in the local area shall have jurisdiction to try any case or class of cases for the
trial of which such Special Court of Judicial Magistrate has been established
(2) The presiding officers of such Courts shall be appointed by the High Courts
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer
the powers of a Judicial Magistrate of the first class or of the second class on any
member of the Judicial Service of the State, functioning as a Judge in a Civil Court
Special Judicial Magistrates
(1) The High Court may, if requested by the Central or State Government so to do, confer
upon any person who holds or has held any post under the Government all or any of the
powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first
class or of the second class, in respect to particular cases or to particular classes of
cases, in any local area, not being a metropolitan area: Provided that no such power shall
be conferred on a person unless he possesses such qualification or experience in
relation to legal affairs as the High Court may, by rules, specify
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed
for such term, not exceeding one year at a time, as the High Court may, by general or
special order, direct
(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of
a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction
DCL413 Q7:
Discuss the legal organizational structures under the union judiciary?
Modern nation-state functions through a set of institutions. Parliament, the judiciary,
executive apparatus such as bureaucracy and the police, and the formal structures of
union state relations as well as the electoral system are the set of institutions constituted
by the idea of constitutionalism. Their arrangements, dependencies and interdependencies are directly shaped by the Meta politico-legal document- i.e., Constitution.
The legal system derives its authority from the Constitution and is deeply embedded in
the political system; the presence of judiciary substantiates the theory of separation of
power wherein the other two organs, viz. legislature and executive stand relatively apart
from it. Under our Constitution there is a single integrated system of courts for the Union
as well as the States, which administer both union and state laws, and at the head of the
system stands the Supreme Court of India. Below the Supreme Court are the High
Courts of different states and under each high court there are subordinate courts, i.e.,
courts subordinate to and under the control of the High Courts.
The Supreme Court
The Supreme Court is the highest court of law in India. It has appellate jurisdiction over
the
High courts and is the highest tribunal of the land. The law declared by the Supreme
Court is binding on all small courts within the territory of India. It has the final authority to
interpret the Constitution. Thus, independence and integrity, the powers and functions

and judicial review are the issues of utmost importance concerned with the Supreme
Court.
Composition and Appointments

The Supreme Court consists of the Chief Justice of India and not more than twenty-five
other judges. There can be ad hoc judges for a temporary period due to lack of quorum of
the permanent judges. However, Parliament has the power to make laws regulating the
constitution, organization, jurisdiction and powers of the Supreme Court. The Constitution
makes it clear that the President shall appoint the Chief Justice of India after consultation
with such judges of the Supreme Court and of High Courts as he may deem necessary.
And in the case of the appointment of other judges of the Supreme Court, consultation
with the Chief Justice, in addition to judges is obligatory.
Partial High-level Judicial Structure
Supreme Court
Court of Appeal
High Court
District Courts
Tribunal & Authorities
THE JUDICIARY
Supreme Court of India
High Court
(In each of the states)
(In Districts)
District & Session Judges' Court
(Civil)
Subordinate Judges' Court
Munsiffs' Courts
Nyaya Panchayats
Provincial small cause court
(Criminal)
Court of Session
Subordinate Magistrates' Courts
Judicial Magistrates
Executive Magistrates
Panchayat Adalats
(In Metropolitan areas)
Metropolitan Magistrate's Court
City Civil and Session Courts
Presidency small cause court
Person shall not be qualified for appointment as a judge of Supreme Court unless he is:
a) A citizen of India, and
b) Either
i) A distinguished jurist; or
ii) Has been a High Court judge for at least 5 years, or
iii) Has been an Advocate of a High Court for at least 10 years.
Once appointed, a judge holds office until he attains 65 years of age. He may resign his
office by writing addressed to the President or he may be removed by the President upon
an address to that effect being passed by a special majority of each House of the
Parliament on grounds of proved misbehavior and incapacity. The salaries and
allowances of the judges are fixed high in order to secure their independence, efficiency
and impartiality. The Constitution also provides that the salaries of the judges cannot be
changed to their disadvantage, except in times of a financial emergency. The
administrative expenses of the Supreme Court, the salaries, allowances, etc., of the
judges are charged on the Consolidated Fund of India. In order to shield the judges from
political controversies, the Constitution empowers the court to initiate contempt
proceedings against those who impute motives to the judge in the discharge of their
official duties. Even the Parliament cannot discuss the conduct of a judge except when a
resolution for his removal is before it.
Jurisdiction of the Supreme Court

The Supreme Court has vast jurisdiction and its position is strengthened by the fact that it
acts as a court of appeal, as a guardian of the Constitution and as a reviewer of its own
judgments. Article 141 declares that the law laid down by the Supreme Court shall be
binding on all courts within the territory of India. Its jurisdiction is divided into four
categories:
a) Original Jurisdiction and Writ Jurisdiction
Article 131 gives the Supreme Court exclusive and original jurisdiction in a dispute
between the Union and a State, or between one State and another, or between group of
states and others. It acts, therefore, as a Federal Court, i.e., the parties to the dispute
should be units of a federation. No other court in India has the power to entertain such
disputes. Supreme Court is the guardian of Fundamental Rights and thus has nonexclusive original jurisdiction as the protector of Fundamental Rights. It has the power to
issue writs, such as
Habeas Corpus, Quo Warranto, Prohibition, Certiorari and Mandamus. In addition to
issuing these writs, the Supreme Court is empowered to issue appropriate directions and
orders to the executive. Article 32 of the Constitution gives citizens the right to move to
the
Supreme Court directly for the enforcement of any of the Fundamental Rights
enumerated in part III of the Constitution.
b) Advisory Jurisdiction
Article 143 of the Constitution vests the President the power to seek advice regarding any
question of law or fact of public importance, or cases belonging to the disputes arising out
of pre-constitution treaties and agreements which are excluded from its original
jurisdiction. This jurisdiction does not involve the advisory opinion is not binding on the
government, it is not executable as a judgment of the court and the court may reserve its
opinion in controversial political cases as in the Babri Masjid case.
c) Appellate Jurisdiction
The Supreme Court is the highest court of appeal from all courts. Its appellate jurisdiction
may be divided into,
i) cases involving interpretation of the Constitution - civil, criminal or otherwise
ii) Civil cases, irrespective of any Constitutional question, and
iii) Criminal cases, irrespective of any Constitutional question.
Article 132 provides for an appeal to the Supreme Court by the High Court certification,
the
Supreme Court may grant special leave to the appeal. Article 133 provides for an appeal
in civil cases, and article 134 provides the Supreme Court with appellate jurisdiction in
criminal matters. However, the Supreme Court has the special appellate jurisdiction to
grant, in its discretion, special leave appeal from any judgment, decree sentence or order
in any case or matter passed or made by any court or tribunal.
d) Review Jurisdiction
The Supreme Court has the power to review any judgment pronounced or order made by
it. Article 137 provides for review of judgment or orders by the Supreme Court wherein,
subject to the provisions of any law made by the Parliament or any rules made under
Article
145, the Supreme Court shall have the power to review any judgment pronounced or
made by it. However, the Supreme Court jurisdiction may be enlarged with respect to any
of the matters in the Union List as Parliament may by law confer. Parliament may, by law,
also enlarge or can impose limitations on the powers and functions exercised by the
Supreme Court. Since Parliament and the Judiciary are created by the Constitution, such
aforesaid acts must lead to harmonious relationship between the two, and must not lead

to altering the basic structure of the Constitution. Moreover, all these powers can also be
suspended or superseded whenever there is a declaration of emergency in the country.
DCL413 Q8:
Enumerate the nature of writs? Elaborate the different remedies available under
writs?
A writ means an order. A warrant is also a type of writ. Anything that is issued under an
authority is a writ. In this sense, using the power conferred by Article 32, the Supreme
Court issues directions, orders or writs. As we know that Article 32(3) confers the power
to parliament to make law empowering any court to issue these writs. But this power has
not been used and only Supreme Court by Article 32 (2) and High Courts (Article 226)
can issue writs.
We might have a thought of how our Fundamental Rights are protected and what are the
safe guarding measures granted by our Constitution for the proper enforcement of
Fundamental Rights. Here comes the importance of Writs, more precisely Prerogative
writs. Indian Constitution has adopted 5 Prerogative writs. Article 13 clearly states that
Laws inconsistent with or in derogation of the fundamental rights are void. The Supreme
Court (Under Article 32) and the High Courts (Under Article 226) are empowered to issue
writs for the enforcement of fundamental rights against any authority of the State.
Article 12 has defined "State" to include the Government and Parliament of India, and the
Government and Legislature of the States, and all local or other authorities within the
territory of India or under the control of the Government of India. The expression, "other
authorities" has been interpreted to cover citizens, business organizations and therefore
such organizations also are amenable to the writ jurisdiction of the courts. A proceeding
under Article 32 is described as a constitutional remedy and the right to bring such
proceedings before the Supreme Court is itself a fundamental right. Article 139 confers
the Supreme Court the powers to issue the below 5 Prerogative writs or WRIT
REMEDIES,
1. HABEAS CORPUS WRIT
Habeas corpus literally means you may have the body'. It is the most valuable writ for
personal liberty. It is a remedy available to a person who is confined without legal
justification. Through this writ, the court let it know the reasons for detention of the
person and if there is no justification, order the authority concerned to set the person free.
The writ of habeas corpus, thus, entails the authority to produce the person before the
court. The applicant of this writ may be the prisoner or any person on his behalf to
safeguard his liberty. It seeks immediate relief from unlawful detention whether in prison
or private custody.
Ordinarily Body (physical presence) is compulsory, but in Kanu Sanyal v/s District
Magistrate (AIR) (1974) case the Supreme Court laid down that the physical presence is
NOT a part of the writ. A general rule of filing the petition is that a person whose right has
been infringed must file a petition. But Habeas corpus is an exception to that. This is
because, a person detained or imprisoned may be severely handicapped. So anybody on
behalf of the detainee can file a petition. It is applicable for preventive detention.
Habeas corpus case in India example: One of the most famous Habeas corpus case filed
in India was at the time of Emergency, in Kerala High Court (The first Habeas corpus
case in the history of Kerala). P. Rajan, a student of the erstwhile Regional Engineering
College, was arrested by Kerala police and died due to torturing. His father, Mr. T. V.
Eachara Warrier filed a Habeas corpus in Kerala High Court in which the police finally

confirmed that he died in custody. Check the 44th amendment of Constitution enforcement of the writ of habeas corpus cannot be suspended during Emergency under Article 352.
2. CERTIORARI WRIT
If any lower court or a tribunal gives its decision but based on wrong jurisdiction, the
effected party can move this writ to a higher court like Supreme Court or High Court. The
writ of certiorari issued to subordinate judicial or quasi- judicial body when they act:
a)
Without or in excess of jurisdiction;
b)
In violation of the prescribed procedure;
c)
In contravention of principles of natural justice;
d)
Resulting in an error of law apparent on the face of record.
The writs of prohibition and certiorari are of the same nature, the only difference being
that the writ of prohibition is issued at an earlier stage, before the order is made and the
writ of certiorari is available on a later stage i.e. after the order has been passed.
3. QUO-WARRANTO WRIT
The word Quo-Warranto literally means "by what warrants?" It is a writ issued with a view
to restraining a person from acting in a public office to which he is not entitled. Quo
Warranto writ is issued against the person of public who occupies the public seat without
any qualification for the appointment. It is issued to restrain the authority or candidate
from discharging the functions of public office. For example, a person of 65 years has
been appointed to fill a public office whereas the retirement age is 60 years. Now, the
appropriate High Court has a right to issue a Writ of quo-warranto against the person and
declare the office vacant.
The writ of quo-warranto to issue when:
a)
The office is public and of substantive nature;
b)
The office is created by the State or by the Constitution itself; and
c)
The respondent must have asserted his claim to the office.
This means that Supreme Court and High Court may issue the writ which restrains the
person or authority to act in an office which he / she is not entitled to. This writ is
applicable to the public offices only.
Quo-Warranto case in India example. The vaults of Sree Padmanabhaswamy Temple,
Kerala was opened in accordance with the quo warranto petition filed by the former IPS
officer and Supreme Court lawyer, T.P. Sundara Rajan.
4. WRIT OF PROHIBITION
A writ of prohibition is a writ directing a subordinate to stop doing something that they
may not do, according to law, but are doing. This writ is normally issued by a superior
court to the lower court asking it not to proceed with a case which does not fall under its
jurisdiction. The writ lies in both for access of jurisdiction or absence of jurisdiction. It is
generally issued before the trial of the case or during the pendency of the proceeding but
before the order is made. The writ of prohibition in India means that the Supreme Court
and High Courts may prohibit the lower courts such as special tribunals, magistrates,
commissions, and other judiciary officers who are doing something which exceeds to their
jurisdiction or acting contrary to the rule of natural justice. This implies that if a judicial
officer has personal interest in a case, it may hamper the decision and the course of
natural justice. Writ of Prohibition means to be issued in this case.
5. WRIT OF MANDAMUS
Mandamus literally means a command. This writ of command is issued by the Supreme
Court of High court when any government, court, corporation or any public authority has
to do a public duty but fail to do so. The writ may also be filed to stop the mentioned

parties from doing a particular act that may be detrimental to the general public. It must
be noted that a writ of mandamus or command may not be issued against the Indian
President or Governor. The core philosophy is that a person or authority despite of
fulfillment of such
Conditions which demand an action refuses to act then, the Supreme Court or High Court
can ask the person or authority to perform that duty. The petition requires that the person
moved to the authority and the authority refused to do this duty. This is demand and
refusal.
For example, if a person fulfills all the preconditions & formalities to be issued a License
but still the authority refuses to issue a license even after that person approaches to that
particular authority, the person may seek writ petition. Essential conditions to file to
request the court issue Mandamas writ
The person must have a real or special interest in the subject matter.
The person must have specific legal right
No other equally effective remedy is there.
The third condition can be understood by the example: A person fulfills all the conditions
of an appointment and the authority has completed the selection procedure then he must
be issued an appointment letter. But when the authority refuses to do this duty, the
person is eligible to file a writ petition under Mandamus.
DCL413 Q9:
Discuss the role of international judicial institutions in resolving international
disputes?
International judicial institutions can be divided into,
Courts: Courts are permanent bodies, with near the same composition for each case.
arbitral tribunals by contrast, are constituted anew for each case
Quasi-judicial institutions: by contrast, make rulings on cases, but these rulings are
not in themselves legally binding. The main example is the individual complaints
mechanisms available under the various UN human rights treaties.
Both courts and arbitral tribunals can make binding decisions. Institutions can also be
divided into global and regional institutions. The international judicial institutions

incorporates both currently existing institutions, defunct institutions that no longer exist,
we will discuss the important few of the international judicial institutions as we discuss
further.
The modern proliferation of international courts and tribunals and the increasing use of
binding third party adjudication to settle international disputes have neither achieved
significant developments in international environmental law nor advanced the state of
global environmental governance. In order to prevent further deterioration of natural
resources and achieve environmental justice, the international community needs to
rethink the existing alternatives for the improvement of the international judicial system.
We will explore the role that international judicial bodies may play in the settlement of
environmental disputes, the potential for improvement of these existing bodies, and
proposals for the establishment of new institutions.
INTERNATIONAL INSTITUTIONS
International Tribunal for the Law of the Sea
International Criminal Court
Permanent Court of International Justice (Defunct. Replaced by the International Court of Justice)
Permanent Court of Arbitration
WTO Appellate Body
WTO Dispute Settlement Panels
NAFTA Dispute Settlement Panels
International Centre for the Settlement of Investment Disputes
Court of Arbitration for Sport
OSCE Court of Conciliation and Arbitration
Human Rights Committee
Committee on the Elimination of Racial Discrimination
Committee on the Elimination of Discrimination against Women
Committee on Economic, Social and Cultural Rights
Committee on the Rights of the Child
Committee against Torture
Committee on Migrant Workers
Committee on the Rights of Persons with Disabilities
REGIONAL INSTITUTIONS
African regional judicial institutions & Sub Bodies
European regional judicial institutions & Sub Bodies
Under the United Nations certain judicial institutions are est3blis_hed, which are playing a
very pivotal role in resolving/redressing international disputes. These adjudicating bodies
have decided umpteen numbers of disputes and many of the orders/awards have been
implemented by the concerned States. The brief details about few of these institutions are
given in foregoing paragraphs trying to describe their roles in dispute resolution.
THE PERMANENT COURT OF ARBITRATION:
Origin: The Pacific settlement of International Dispute 1899 and 1907
Place of sitting and structure: This court was established at Hague.
This court consists of three institutions namely:
The panel of Members of the Court.
Administrative Council
International Bureau
Finances

Functioning of the Court: Some jurists point out that the Permanent Court of Arbitration
is not a court as it consists of a penal of arbitrators out of which a tribunal could be
formed. It is a device for facilitating the creation of ad-hoc tribunals. It is permanent only
in the sense that a panel is permanently available form which arbitrators may be chosen,
that the Administrative Council is constituted as a continuing body, and that a permanent
International bureau exist to facilitate the creation of tribunals."
Decisions: This court has rendered twenty Awards (Decisions) between 1902 and 1932.
The important awards are the North Atlantic Fisheries Disputes between U.S.A. and
Great Britain in 1910, the dispute between Norway and U.S.A. regarding requisition of
Norwegian ships in the First World War in 1922 and the famous Savarkars case in 1911.
Since 1932 no case has been referred to this court.
THE PERMANENT COURT OF INTERNATIONAL JUSTICE
Origin: The court was established in 1921 Article 14 of the covenant of League of
Nations, signed at Versailleson June 28, 1919 provides for the establishment the
permanent. Court of International Justice. Later on, a Statute with separate international
agreement.
Constitution of the Court: The court was constituted with 15 Independent judges
irrespective of their nationality and they were drawn from amount persons of high moral
character having the qualifications for the appointment to the highest judicial offices in
their respective countries. Initially their term was for a period of nine years and they could
be re-elected also. The quorum for constitution of this court was nine judges. The seat of
the count was at Hague. Under Article 21 of the Statute this Court shall elect its President
and Vice-President for three years and shall appoint a register. This Court started
functioning in the year 1921.
Jurisdiction and Functioning: As per Article 36 of the Statute, the jurisdiction of this
court extends to all cases which the parties of dispute referred to it. Under Article 3g of
the Statute, the Court directed to apply four categories of sources of law namely (I)
International Conventions (ii) International Custom (iii) General Principles of Law
accepted by civilized States and (iv) Judicial decisions and teachings of the most highly
qualified publicists of the various nations. This Court however could Act, only when on
request emulated from the Council or. The Assembly of the League of Nation
Dissolution: This court was disrupted by the Second World War. In consequence of the
dissolution of the League of Nations, this Court was also dissolved in 1946. A
performance appraisal reveals that during the Period between 1922 and 1940, it dealt
with 29 contentious cases and 28 cases were referred advisory opinions by the 'council of
League of Nations.
THE INTERNATIONAL COURT OF JUSTICE
Origin; The International court of justice is one of the principal six organs of the united
nations where as the permanent court of International justice was not an organ of league
of Nations as a separate statue was constituted by International agreement on states
Statute of this Court consists of 10 ankles, winch almost a copy of the Statute of the
Permanent Court of International Justice. This Court functions at Netherlands and it net
for the first time on 3'1 April, 1946,
Constitution and Functioning of the Court: This court also consists of fifteen judges
who elect President and Vice-President from among themselves. The Security Council
and the General Assembly of the United Nations elect the Judges of the Court from
among the candidates first nominated by the national groups in the Permanent Court of

Arbitration. The official languages are English and French. However, the Court can
authorize any party to use another language.
Jurisdiction: This Court exercises its jurisdiction over those States which arc parties to
the Statute and which deposit with the Registrar a declaration in which they signify their
acceptance of the Courts jurisdiction and undertake to comply in good faith with the
Courts decisions in accordance with Article 94 of the U.N. Charter. This Court has got a
threefold jurisdiction namely: (a) Voluntary (b) obligatory and (c) advisory.
Special Chambers: While exercising its jurisdiction the provisions of Article 26 of the
Statute, the Court may from time to time form one or more chambers, composed of three
or more judges as the Court may determine, for dealing with particulars categories of
cases. Such a chamber was constituted on 6th August, 1993 for environmental matters,
consisting seven members, who were elected by secret ballot. 5 Immunities: For
independent exercise of the duties of judges, the advocates of parties, the agents and the
counsel, diplomatic privileges and immunities have been provided to these persons. Also,
the salaries, allowances and pay of the members of the Court and also the Registrar are
free of all taxation. (Article 32) 6. The Law applicable: Under Article 38 (1) the
International Court of Justice shall decide the disputes in accordance with
International Law. It shall apply: (I) International conventions and treaties: (ii)
International Customs; general Principles of law recognized by civilized nations: (iv)
Judicial decisions and the teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination*of rules of law. However it is pertinent
to note that under Article 59 of Statute, the decision of Court has no binding force except
between the panics and in respect of particular case. Interim orders before Final decision:
Under Article 41 of the Statute, pending final decision of the dispute the court has the
power to indicate, if it considers tint circumstances so require any provisional measures
which ought to be taken to preserve the respective rights of either party. It is very
pertinent to note that being an organ of United Nations the I.C.J. forms an integrated part
of the United Nations peace efforts.
INTERNATIONA CRIMINAL COURT
For over fifty years, efforts have been made to establish an International Criminal Court
and on 4h December, 1989 the General Assembly vide its resolution No. 44/39 requested
the International Law. The Establishment of International Criminal Cow1 adopted the
Statute Known, as the Rome Statute of the International Criminal Court, Apart from the
Preamble, their arc 128 Articles in the Statute. The proposed Court is going to be
permanent Institution and would exercise jurisdiction over persons who have committed
the most serious crime of internati0n3i concern, as referred to in the Statute and its
jurisdiction. The seat of the Court shall be at Hague, Netherlands. The crimes will be
tribunal by this Court are the crime of genocide, crimes against humanity, crimes and the
crimes of aggression. The Statute also provides for the Pre-Trial Division, Trial Division,
Trial Division and an Appeal Division. Further anyone who has been the victim of unlawful
arrest or detention shall have an enforceable right to compensation. The jurisdiction is
exercisable over the States which accept the Statute. Even though several member
countries signed the proposal; the Statute needs final ratification by 60 instruments of
ratification to be filed by member countries which is in the process. As this proposal is a
great step in fixing individual criminal responsibility in international crimes, it is hoped that
soon the Statute will be brought into force by the member countries of United Nations and
the International Criminal Court would start its functioning.
THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND SEA-BED
DISPUTES CHAMBER.
The U.N. Charter provides for constitution of tribunals at global as well as regional levels.

Under Article 287 of the U.N. Convention on the Law of the Sea a State shall be force to
choose, by means of a written declaration, one or more of the means stated there under
for the settlement of disputes concerning the interpretation or application of the
convention the means of sett lenient of the dispute are:
(1)The International Tribunal for the Law of the Sea;
(2).The International Court of Justice
(3).An arbitral tribunal constituted in accordance with Annexure [the U.N. Convention on
the Law of the Sea, 1982
(4). A special Arbitral Tribunal constituted in accordance with Annexure VIII for one or
more of the categories of disputes specified therein.
Accordingly, the International Tribunal for Law of the Sea was established on 21st
October, 1996. This Tribunal comprises of 21 members. As per Article 2 of the Statute of
the International Tribunal for the Law of the Sea, the members are elected from among
persons enjoying the highest reputation of fairness and integrity and of recognized
competence in the field of the law of the sea and in the Tribunal, the representation of the
principal legal system of the world and equitable geographical distribution, shall be
assured. All the States, which are Parties to the U.N. Convention on the Law of the Sea,
have access to the Tribunal. The seat of the Tribunal is in Hamburg, Federal Republic of
Germany India also is having its representation and contribution in this
SEA BE DISPUTE CHAMBER
Under Article 14 of the statute, a sea bed disputes chamber is established in accordance
with sec. 4 of Annexure VI containing articles 35-40. Chamber comprise of 11 members
and it may also form Ad-hoc chamber for dealing with particular categories of disputes. It
can also give advisory opinions on the request of assemble y or the council of the
International Sea Bed Authority.
THE INTERNATIONAL CENTER FOR SETTLEMENT OF INVESTMENT DISPUTES
(ICSID)
Established 1965 under the convention for the settlement of investment disputes between
the states and the national of other states. The World Bank has sponsored this center
and the convention came into force in the year 1966 with an objective to provide
machinery and procedure for the investment disputes to encourage private foreign
investments. Before the center the person or an individual making private investment will
become a party to the dispute. This center consists of a plenary administrative council
whose chairman is the chairman of World Bank. The exercise of the jurisdiction of the
center is consensual. The center also maintains panels of conciliators nominated by the
parties. The center also has a secretary general. Under article 64 of the convention
matters of the centers can be referred to ICJ for interpretation. However the validity of
arbitral award cant be challenged in the ICJ.
There are also INTERNATIONAL ORGANISATIONS U.N.INWORLD TRADE &
ECONOMIC DEVELOPMENT AND HUMAN RIGHTS AND INTERNATIONAL
ADMINISTRATION TRIBUNALS that take conduct several programmes / conferences/
commissions etc. in their own areas. International Judicial Institution are much required to
ensure the disputes are solved in harmony and contribute for a peaceful resolution.
DCL413 Q10:
"International Law is dynamic law". Discuss
The expression 'International Law' and ' Law of Nations' are synonymous and are
equivalent terms Jenny Bentham introduced the former in 1789. Prior to that

International Law was known by the name "Law of Nations'. International law has
expanded both in terms of its subjects and its content. Major problems of international
law concern have been tackled collectively by States. This has proved, for example,
more resource effective than attempting individual State action. The consequence has
been a proliferation in the number of International organizations in the years since
Modern technology has brought State and their populations into close and more frequent
contact, with each other, and rules have evolved to regulate such contact. The subject
matter of international law has correspondingly expanded.
For example boundaries of nations on land or at sea, international servitudes,
succession of States and governments, ports and inland waters, international rivers and
lakes, territorial waters, contiguous zones, continental shelf, exclusive economic zones,
international canals and straits, rights and duties of States on the high seas, fisheries,
whaling and sealing, air navigation, polar regions, outer space, nationality and
statelessness, rights of aliens, asylum extradition, international communications,
protection of minorities, human rights, governmental :Ina State immunities, status and
immunities of international organizations and their personnel status of armed forces on
foreign territory. limits of criminal jurisdiction limits of anti-trust jurisdiction, enforcement
of foreign judgments, interpretation and application and termination of treaties and
agreements, validity and interpretation of international arbitral awards, pacific blockade,
reprisals, indirect aggression and subversion, rights of neutrals, relations between
belligerents and neutrals, violations of the laws of war hijacking and overlaying all of
these, the limits of countermeasures and retaliatory measures desi7n;.,1 to protect
existing primary rules of international law and so on.
International law is a dynamic law. It has been changing since its in option. However,
in the four decades changes have been so radical tremendous that were not witnessed
in the last four centuries. The process of change has resulted in reconstruction and
development of international law and at the same time has created many faceted
problems because of the demands of further changes. The most significant change that
has taken place is the emergence of a number of new States which hitherto wet:
colonies, into independent States. However, international law still favors their power
rather than the number.
For instance, although a number of States have attained political independence. They
are fighting for their economic rights and equality. They therefore, have made a call for
the creation of the New International Economic Order (NIE01). At present, it has
acquired the most pressing challenge before the international community mainly
because power prevails over the number. Further, adoption of the Convention on law of
the Sea 1982 is another significant development. The entire law of sea has been
codified. But the powerful States have decided to remain themselves away from it.
Instead of signing the Convention, they have concluded a mini-treaty by which a parallel
system for the deep sea mining has been established. Tensions and problems are likely
to arise in future in the exploration and exploitation of this regime. Similarly, noncompliance of the 1986 judgment of the International Court of Justice by the United
States, and later, the exercise of veto by it in the Security Council has put international
law in a state of dilemma. Further, nuclear threats and star wars have created problems
of their own and have posed greater to mankind itself. These and many other problems
were contemplated earlier. They have necessitated revision of the rules of international
law so they can fulfill the demands of all the States equitably.
International Law has been expanding its frontiers not only in terms of its subject matter
but also in terms of its content and orientation. addition to such as new areas as
international constitution law, law of international institutions, international economic law
international communications and air law, law of outer space, human rights law and
international humanitarian law, there have also emerged new sources of the law and of
the ways by which new laws are made by means of declarations, resolutions and the use

of consensus at the UN Security Council and the General Assembly. Either because or in
spite of this expansion of its frontiers, traditional notions and attitudes are beginning to
show a certain resilience and adaptability the rigid assertion that only sovereign States
are the subjects of international law is giving place to the idea that the other entities,
notably certain international organizations like the United Nations itself, as well as
individuals are now also subjects of international law for most practical purpose.
One such entity has successfully litigated a case before the International Court of Justice
in Certain Expenses case (1949) Stated that the U.N. was a subject of international law
and could enforce its rights by bringing international claims. While in the False Case,
Certain rights of the individual were recognized, albeit by way of appeal from the UN
Administrative Tribunal. Indeed, the European Commission and the. European Court of
Human Rights have both been entertaining cases brought before them by individual
citizens of the States of the Council of Europe. There also exists established machinery,
although limited, for the implementation of the fundamental rights of the individual
through state action. All these are recent developments in contemporary international
law, which could not have taken place before 1945.
The Euro centric character of international law has been greatly weekend in the last six
decades and opinions, hopes and needs of other cultures and civilizations are beginning
to play an increasing role in the evolution of world juridical system. Third Worlds concern
for the recognition of sovereignty of States is complemented by their support of the U.N.
and its character and supplement of their desire for economic self-determination or Right
of permanent sovereignty over natural resources. This expansion of international law into
the field of the economics is a major development of the 20th Century and is evident by
the creation of GATT, UNCATD and establishment of IMF and Bank The scope of
International Law today is immense. From the regulation of space explorations to the
question of the division of ocean floor, and from the protection of human rights to the
management of the international financial system, its involvement has spread out from
the primacy concern with the preservation of peace to embrace all the interests of
contemporary international life.
As it said earlier, many factors have had a profound impact, upon the international legal
order. The world picture is one of the complex networks of forces, some with divisive
tendencies and other compelling interdependence. The gap between legal principles and
social reality has changed. Economic nationalism between the communist and the new
nations has challenged the traditional principles of state responsibility and the increasing
practice of state trading has stained the principles of sovereign immunity. The
emancipation of former, colonial territories has introduced new problems in the law of
succession and fostered a concerted drive to undermine the colonial system in the law of
realities, there has been unrelenting attack by communists and some new States against
the so-called unequal treaties while the proliferation of state-hood has invited change in
traditional principles concerning the making and acceptance of reservations. The rise in
totalitarianism and new doctrines of government has made more acute the problem of
the protection of human rights, which has been the concern of the world for centuries.
Traditional International Law and Modern International law:

According to traditional International Law, International Law regulates the
relations between States only- Oppenheim, Briefly, Hackworth, etc.
Modern International Law regulates not only the relations between States but
also,
o International Organizations
Individuals
Non State entities
Not only customary and conventional rules but also general
principles of Law
No body of rules-law is changing process
Communist challenge
Emergence of large number of new States. E.g. U.N.
Membership
DEVELOPMENT OF INTERNATIONAL LAW

International Law is essentially a product of Christian civilization-Middle Ages: Oppenheim
International Law is a product of ancient times Ramayana Mahabharata: S.S. Dhawan.
Development of International Law in ancient period.
Egypt and ancient Jews: They entered treaties with other countries, respect to
Ambassadors, oath and religious symbols.
Hindus: Concept of Dharma, Just wars and unjust Wars, interstate relation were moral
rules than legal rules.
Ancient Greece: City state Relations, non-Greeks were treated barbarians- Aristotle
studies 158 city State Constitutions.
Ancient Rome: Romans Contribution to International Law is very much Religious morality,
territorial sovereignty, diplomatic relations contracts, treaties etc.
Development of International Law in middle Ages:
The supremacy of church and Universality of its laws.

Universal authority of Emperor
Feudalism.
The Role of International Law in the I5th and 16th Centuries
Sea Trade
The growth of Maritime Law
Formation of Leagues by the trading cities
Custom of sending permanent legations
Keeping standing armies
Renaissance and Reformation
Development of International law at the time of Grotius and other thinkers (17 th
and 18th Centuries)
1648 Westphalia Peace treaty

Members of Holy Roman Empire attained sovereignty
International peace treaties started
French was common language
Development of International Law in I9th Century
Alabama Claims Award 1872

Maritime law convention of 1856 Sea welfare rules were framed
The Hague conference of 1899 and 1907 established the permanent court of arbitration.
Treaties
International Conference
International Arbitral Tribunals

Development of International Law in 20th century
Before the World War I.

between World War I & II
After World War II and the establishment of the United Nations.
Otherwise development of International Law before the league of Nation, under the
league of-national and under the United Nations and its specialized agencies.

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19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 1

Assignment Answered for Course 413 - PGDCLIPR: 2014 Batch

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 2

Then who is a citizen and how to acquire citizenship?

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 3

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 4

Law in British-ruled India

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 5

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 6

3. Right against Exploitation

4. Right to freedom of religion

5. Cultural and Educational rights

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Reference articles under Part 3 of Indian constitution defining fundamental rights:

6. Right to constitutional remedies for enforcement of Fundamental Rights.

Right to Education (RTE)

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19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 9

Administrative Tribunals Act, 1985

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What can Tribunals CANNOT DO

provisions of the constitution.

President under Cl. (c) of the second

statute or subordinate legislation relating to

a finding without any evidence at all.

Whether a body would be an authority within

Though, like the High Court or a Civil Court, an

Administrative Tribunals do have their competencies and disciplinary matters to adhere to

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 11

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Composition and Appointments

Tribunal & Authorities

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Jurisdiction of the Supreme Court

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19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 19

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 20

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19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 25

Traditional International Law and Modern International law:

19CL01129-14 PGDCLIPR/2013-14 Assignment DCL 413 | 26

DEVELOPMENT OF INTERNATIONAL LAW

Development of International Law in ancient period.

Development of International Law in middle Ages:

The supremacy of church and Universality of its laws.

The Role of International Law in the I5th and 16th Centuries

1648 Westphalia Peace treaty

Development of International Law in I9th Century

Alabama Claims Award 1872

International Arbitral Tribunals

Before the World War I.

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