Wednesday 2 October 2013

Introduction

India does not have a strong body of legal literature commenting on Indian Constitutional Law from perspectives similar to, for example, the Federalist Society. The Society for the Promotion of Indian Constitutional Thought & Research (SPICTR) has been recent set up as a means to promote thinking about the Constitution and the law in India. This is SPICTR's blog.

SPICTR understands that Indian Constitutional case-law has meant that many of the arguments made by SPICTR will not be useful to lawyers arguing in Courts: from out perspective, much of the Indian Constitutional cases (especially since the 1970s) do not represent the correct position.

We believe that Indian Constitutional thinking must subscribe to the following principles (listed in no particular order):
1. Separation of powers is central to our constitutional scheme.
2. Judges in constitutional cases must, as far as may be, desist from going beyond interpretation and should not engage in making 'new' law.
3. Interpretation of the Constitution must be guided by a core of the original intent of the framers of the Constitution.
4. The State exists to preserve freedom and at the same time to promote the common good. Where the two aims conflict, the preservation of freedom must prevail. 

We understand that these principles may be controversial. For example, Indian lawyers may take exception to the very first principle we have listed. We shall attempt to point out that the structure of the Indian Constitution does recognise the principle of separation of powers. Limited encroachments are permissible under the Indian constitutional scheme; those limited areas of encroachment must be kept strictly in check.

We shall, in the course of our discussions, attempt to defend these principles; and to comment on Indian law in the light of these principles.

We propose to post on fresh post every week.

3 comments:

  1. Sorry to be overtly fussy but the colour contrast makes it very difficult to read. Either the background colour needs to be altered or the contrast needs to be sharpened.

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