Comparative Constitutional Law and Administrative Law Quarterly – Issue 2

The Editorial Board for CALQ is inviting submissions for the second issue (Issue 1. 2) from legal academicians, professionals and students.

Theme

The Comparative Constitutional Law & Administrative Law Quarterly (CALQ) attempts to initiate and foster academic dialogue concerning the subject of administrative law and constitutional law from a global perspective.

Articles on Constitutional Law should be comparative in nature, involving any legal regime. However, articles in the area of Administrative Law are not subjected to this requirement.

Notes should be based on certain specific issue associated with any policy or legal issue. The comments of the author must be comparative in nature.

Case Comments with respect to recent judgments of significance in the field of Constitution Law with a comparative analysis of a judgment from another legal regime are invited.

Guidelines

1. Abstract: The manuscript must be accompanied with an abstract of not more than 350 words.

2. Word Limits:

– Articles – Not exceeding 6000 (six thousand) words
– Notes – Not exceeding 4000 (four thousand) words.
– Case Comment – Not exceeding 3000 (three thousand) words.

3. Formatting specifications: The manuscript must be in Times New Roman, Font Size 12 with 1.5 Line Spacing.

4. Language: The Journal shall follow British English.

  • The manuscript submitted should be original and unpublished.
  •  Upon the selection of the article by the Editorial Board of CALQ, the copyright of the article shall transfer to the Board when the Author/s has been intimated about the choice.
  • Author/s may be asked to revise or resubmit the manuscript within a stipulated time. Upon re-submission of the manuscript, the author/s would be required to mention the suggestion made by the Editorial Board and the subsequent changes made by the author/s.

In case of an offer of publication from another journal for the submitted manuscript, the author/s may request an expedited review via a mail to editorcalq [at] gmail [dot] com with the details about the Journal which has extended the offer and the manuscript attached.

Submissions

  1. The Author/s are required to email the manuscript to editorcalq [at] gmail [dot] com
  2. The manuscript may be mailed in ‘.doc’ or ‘.docx’ format.
  3. The subject of the mail must clearly mention ‘Submission for CALQ (2013) Volume 1.2?.
  4. The mail must be addressed to the ‘Board of Editors’ providing the name of the author/s with the name of the institution affiliated to and the contact details.
  5. A mail confirming the receipt of your manuscript and subsequently the acceptance of your manuscript for publication would be duly conveyed to the author/s through the email id mentioned on the Covering Letter of the manuscript.
  6. Last date for submission – May 31, 2013

In case of any clarifications, kindly send a mail to ‘editorcalq@gmailcom’.

You can find more information at our website, www.calq.in.

Class Notes on Constitutional Law – Unit III (1st Sem / 3 year LL.B)

UNIT – III

Judicial Process Under the Constitution

Nature of Judicial Review

The Constitution if the Supreme law of the land and any law which is inconsistent with the constitution is termed to be void. ‘Judicial Review‘ is a term refers to the power that can be utilised for judicially reviewing an enactment passed by the Legislature, or a decision of an administrator, an order of a quasi-judicial authority and/or in a given case, a decision of the judiciary.

The concept of Judicial Review started from the case of Marbury vs Madison in 1800 in the USA. In this case, justice John Marshall held that judiciary has inherent power to review actions by legislature even if no explicit provision is given in the constitution.

Judicial Review – Art. 32, 226 and 227

In India, by reason of Arts. 32 and 136, the Supreme Court can exercise the power of judicial review. Similarly, under Arts. 226 and 227 High Courts have a power of judicial review. No other Court has been conferred with such a power. In the case of L Chandra Kumar vs Union of India SC AIR 1997 held that the power vested in SC by art 32 and High Court by art 226 over legislative action is a basic feature.

Judicial Review has two prime functions

  1. Legitimizing government action; and
  2. To protect the Constitution against any undue encroachment by the Government

Court system in India

  • Supreme Court
  • High Court
  • Sessions Court
  • Assistant Sessions Judge
  • Chief Metropolitan Magistrate
  • Chief Judicial Magistrate
  • Metropolitan Magistrate
  • Special Metropolitan Magistrate

Supreme Court and High Court Judges – Appointments, conditions of service

The supreme court, being the guardian of the constitution, ensures that the fundamental rights of the citizens are not violated. To let the judiciary fulfill this big responsibility efficiently, the constitution has provided several measures that ensure the independence of the judiciary.

Composition of the Supreme Court

Art 124 specifies that the SC will be composed of a Chief Justice and at most 7 other judges. The number of other judges has now been increased to 25.

To be appointed as a judge of the supreme court, a person must be a citizen of India and

  • has been a Judge of a High Court for 5 yrs .
  • has been an advocate of a High Court for 10 yrs.
  • in the opinion of the president, a distinguished Jurist.

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