by IJLMH | May 13, 2020
This paper elucidates one of the most discussed and debated offshoots of Administrative Law regime, that is, the establishment of the institution of Ombudsman. This paper is a result of secondary research methodology. This has been the topic of debate since India gained independence from the British rule. It is a well-established fact that countries like India need the backing support in its administrative set-up, the support that can very well be achieved by through the establishment of Ombudsman. Lokpal and Lokayuktas paved their way to the forefront as India’s Ombudsmen. But it has been conclusively settled that the various shortcomings of the administrative wing of the government have prevented the concrete establishment of Lokpal and Lokayuktas. Except for illuminating the minds of the readers with the its origin and development in India, this paper also explicitly explains the role and need of Lokpal and Lokayuktas. This paper aims to analyze the development of the concept of Ombudsman in other countries with respect to the various intricacies involved in its establishment as a concept and development as an institution. The purpose of this paper is to figure out whether there are any inadequacies in the current administrative system with respect to the establishment of Lokpal as a control mechanism and how can they be rectified for the purpose of successfully appointing Ombudsman. It also throws some light on the difference in the administrative wing of India and countries like US and UK. This paper not only critically analyses the trends that lead to the inefficiency of the current administrative order but it also interprets the solutions given by various jurists in this regard.
Keywords: Ombudsman, Administrative System, Lokpal and Lokayuktas, Inadequacies, Remedies.
by IJLMH | May 13, 2020
The Universal Periodic Review (UPR) process involves a cyclical peer review of a State’s fulfilment of its human rights obligations under various international humanitarian law instruments ratified by the State. This review consists of three reports with large disparities apparent between the information submitted by the National Report and the realities noted by stakeholders and other peer nations. The paper undertakes an empirical study of India’s UPR submissions on its economic, social, and cultural obligations through its policies on education, health, housing, and sanitation and drinking water, and food security sectors. The paper thereby assesses the reports juxtaposed against the various Working Group recommendations to analyse their implementation patterns and gaps within the State over the span of ten years. While it seems that the Stakeholders have been active in recognizing the rights of groups suffering from lack of resources, the State under Review and the Working Group have been dormant in this regard. The Reports rarely recognised the intersectionality between the objectives of education, housing, food, water, and health and their inaccessibility to these special groups, thus adopting a myopic approach ignoring the groups that suffer from multiple disabilities in accessing to these resources. The paper concludes that although the recommendations rarely fructify, India has been widely lauded for its policies within these sectors.
by IJLMH | May 13, 2020
Economic crisis is the major disastrous situation which turns the position of a country upside down. Every country at any situation shall face this issue, in this paper it elaborates a detailed study of economic growth, reason behind economic crisis in India and what are the sectors which are been affected due this economic crisis. It also deals about the implementation of policy in the India for the well being of the people and the benefits acquired by the citizens when the policy is been implemented. Economic is the major weapon of a country to improve their position and standard and also to develop their country among others. This study consolidates about the problems faced by the sectors during the economic crisis and how far the implementation of policy has been worked in it.
Keywords: Economic crisis, citizen, policy, country and growth.
by IJLMH | May 13, 2020
Iberian Peninsula, Catalonia until the early 18th century enjoyed a great deal of autonomy and is today designated as a nationality and is governed by its Statute of Autonomy provided by the Spanish Constitution. Catalonia is in news since the controversial independence referendum that was held on 1 October, 2017 which made headlines all across the globe. Catalans have a rich history and a culture of their own which differs a great deal from that of the mainland Spaniards. The Catalan independence movement is based on ‘Right to decide’ of Catalan citizens to be regarded as a nation-state and to form a separate republic, a demand which draws inspiration from Article 1 of the International Covenant on Civil and Political Rights which mentions the principle of ‘Right to Self-Determination’. This paper aims at providing an overview into the roots of modern Catalan nationalism which dates back to Franco’s dictatorship. This paper also attempts at offering an analysis of the issues behind this drastic shift in demand for secession from the autonomous status the region hitherto enjoyed, which are largely motivated by cultural considerations.
by IJLMH | May 13, 2020
The Democratic form of government is the most considerable form of government globally. Most of the nations across the world adhere to the democratic form. Democracy is not the platform that is prevailing independently but with the strengthening of the pillars on which this platform is upstanding. Those pillars encompass the JUDICIAL, EXECUTIVE and LEGISLATIVE body of the government. The complications emanate when these pillars are not imparted with akin strength and pinnacle. There prevail numerous cases and controversies among the pillars of Democracy i.e., the JUDICIARY and PARLIAMENT (including both executive and legislation) which allude to the nullification of the core idea of Democracy in the context of India which is one of the largest Democracy, globally. The paper on a major basis will be comprised of such cases where either the Judiciary overpowered Parliament with its decisions or Parliament did the same while exercising their powers or duties. Also, the infamous doctrines and concepts such as the Doctrine of Separation of Powers, Judicial Activism, etc. in regards to the same will also be discussed. The concluding part of the paper will be comprised of the critical comment on whether there is a necessity of overpowering the roles of the pillars of Democracy and does it nullifies the idea of Democracy.
by IJLMH | May 13, 2020
Through this article, the authors propose the idea of excluding the “creamy layer” among the Schedule Caste/Schedule Tribes (SC/ST) from reservation in education, employment and promotion. Backwardness, though equated only with caste, the authors have rationalized it to be a much bigger concept inclusive of economic status. The creamy layer, that we propose in this article, needs to be adequately determined on the basis of economic indicators which can be achieved through a detailed survey given the abysmal lack of data on caste and socio-economic backwardness. In the light of Jarnail Singh v. Lachhmi Narain Gupta, the Hon’ble Supreme Court of India has extended the applicability of creamy layer exclusion to the SC and ST categories but on the basis of social indicators like untouchability and backwardness only, which is yet to be implemented in the country. By means of this article, the authors argue that it is the economic status that should be the intelligible differentia excluding the creamy layer by applying the doctrine of reasonable classification. The social justice that the country seeks to achieve can never be achieved if the creamy layer, that includes the economically forward and socially empowered, are not excluded from availing reservation benefits thereby disallowing the same to percolate down to the actually deserving. Empowerment of the already empowered is nothing short of fraud on the Constitution.
