Constitutions, Constitutional Interpretation and Human Rights (Indian and Foreign)

The book contains an in-depth and detailed analysis of the Indian Constitution, the Parliament, the Central Executive, The Supreme Court, States and Union Territories, the State Legislature, Executive, Judiciary, the Federal System, Legislative, Financial, Administrative Relations, Freedom of Trade and Commerce, Political and Civil Rights, Fundamental Rights, Directive Principles of State Policy and Basic Duties, Safeguards to Minorities, Scheduled Castes, Scheduled Tribes and Backward Classes, Constitutional Interpretation, Judicial Review, etc, with reference to various Committee Reports, Case Law and exhaustive commentary. The Constitution has completed fifty years of its life. There has been a surfeit of case-law during this period in the area of Constitutional Law. Some of these judicial pronouncements are very significant and even turning points in Constitutional Law. Many significant developments have taken place in the interpretation of several constitutional provisions. The author has endeavoured to take due notice of all these various developments in this work, which has thoroughly updated and exhaustive case law.

CONSTITUTIONS, CONSTITUTIONAL
INTERPRETATION AND
HUMAN RIGHTS
Contents of Volume 1
CHAPTER 1
INTRODUCTORY
Arrangement of Subject
PAGE
1.1 About words, concepts and norms in statutes and constitutions 4
1.2 What are written constitutions and statutes? 12
1.3 What is Interpretation? 14
1.4 Interpretation as an Art 16
1.5 Authority to interpret statutes and constitutions 21
1.6 Rules of interpretation 22
1.7 Aids in the interpretation of statutes 33
A. Intrinsic Aids 33
(1) Long title 34
(2) Preamble 34
(3) Heading 36
(4) Marginal notes 36
(5) Punctuation 37
(6) Illustration 37
(7) Definition sections / Interpretation clauses 37
(8) Proviso 38
(9) Explanation 39
(10) Schedules 39
(11) Transitional Provisions 40
(12) Exception 40
(13) Saving Clauses 41
B. Extrinsic aids 41
(1) Parliamentary history 41
(2) Contemporaneous circumstances 43
(3) Reference to other statutes 45
(4) Dictionaries and Textbooks 47
(5) International conventions, covenants, treaties etc 47
(6) Executive interpretation 50
(7) Legislative interpretation 51
(8) Interpretation by the Bar 54
(9) Judicial Interpretation 54
(10) Foreign decisions 55
(11) Proof and Evidence of Extrinsic Aids 57
1.8 Indian Supreme Court approach : Textual-contextual interpretation 58
1.9 Mimamsa Principles of Interpretation (Principles of Interpretation of Ancient Indian Law) 64
1.10 Rules of statutory interpretation in Civil Law countries compared and contrasted with those in Common Law countries 70
1.11 Statutory Interpretation in communist systems 80
1.12 Extent of the applicability of the rules of statutory interpretation to constitutional interpretation 80
1.13 Interpretation of Treaties in Municipal laws 86
CHAPTER 2
ABOUT CONSTITUTIONS AND CONSTITUTIONALISM
2.1 What is Constitution? 94
2.2 Constitution as basic norm (Grundnorm) 99
2.3 Change of Grundnorm 100
2.4 Basic structure doctrine (Kesavananda Bharati’s case) 103
2.5 General features of constitutions as different from statutory pro-visions 120
2.6 Key features of modern democratic constitutions 120
(1) Writtenness or unwrittenness 120
(a) Written constitutions with bill of rights 121
(b) Unwritten constitutions 122
(2) Entrenchment 122
(3) Distribution of sovereignty 122
(4) Separation of powers 122
(5) Lines of accountability 122
(6) Constitutional courts 123
2.7 Constitution and constitutionalism 123
(1) Ancient constitutionalism 124
(a) Western 124
(b) Oriental (ancient Indian constitutionalism) 130
(2) Modern constitutionalism 135
(a) Modern constitutionalism as begetter of modern inter-national human rights 136
(b) Professor Leon Duguit’s constitutionalism 137
(c) Basic facets of constitutionalism 137
(d) European constitutionalism (growth and develop-ment) 138
(e) Scandinavian constitutionalism 149
(f) Constitutionalism in Third World Countries 150
(g) Constitutionalism in communist countries 153
(h) Constitutionalism in post-communist countries 153
(i) Constitutionalism today 153
(j) Constitutionalism in its right perspective and appli-cability 156
(k) A written constitution not sure guarantee of consti-tutionalism 156
(3) Postulates of constitutionalism 157
(a) A written constitution with entrenchment 157
(b) Federalism and decentralisation 158
(c) A Bill of Rights 180
(d) Democratic form of government 180
(i) Parliamentary form of government 181
(ii) Presidential form of government 185
(iii) Semi-presidential form of government 185
(e) Democratic administration 188
(f) Doctrine of transparency 188
(g) Doctrine of accountability (responsibility) 189
(h) Doctrine of public trust 190
(i) Rule of Law 190
(1) Function of legislature 195
(2) Executive function 195
(3) Criminal process 195
(4) Judiciary and Legal Profession 195
(j) Separation of powers 197
(k) An independent judiciary and judicial review 219
(l) Constitutional Conventions (U.K) 275
2.8 History and development of constitutions 278
2.9 Constitutional form of government in South-Asian Princely State of Manipur (now 19th State of Indian Union) 279
2.10 Constitutional models 280
2.11 Kinds of constitutions 281
(1) Written constitution 281
(2) A Constitution may be democratic or undemocratic 293
(3) A Constitution may be federal or unitary 299
(4) Rigid or flexible constitution 309
(5) Indian Constitution partly rigid partly flexible 311
(6) Facade constitutions 311
2.12 Constitution, constitutional law and administrative law 311
2.13 Constitutional law and statutory law 314
2.14 A written constitution as a paramount law 315
CHAPTER 3
RULES OF CONSTITUTIONAL INTERPRETATION
3.1 About constitutional principles 319
3.2 Fundamental rules of constitutional interpretation 320
(1) As directly emanating from the supreme sovereign will of the people 320
(2) Having been made and adopted by such people at a par-ticular period of history 323
(3) Embodying the grand vision and noble ideals of such people 323
(4) Being intended to serve as the supreme lex for ages to come, for posterity 324
(5) Being the source of the powers and functions of the three great organs of the government - Legislature, executive and judiciary 325
(6) Being intended to establish a liberal democratic government on the basis of human rights and fundamental freedoms to be protected by an independent judiciary 326
(7) Also being intended to democratise and legalise the adminis-tration by such a government 327
(8) Having set up an independent judiciary as its custodian and final interpreter 329
(i) U.S. 329
(ii) India 331
(iii) Other federal & quasi-federal constitutions 332
(iv) Civil Law countries 332
(v) Scandinavian Countries 333
(vi) Russian Federal Constitution 334
3.3 Important theories concerning the proper approach to the interpretation of written constitutions 334
(1) Fixed view and living tree 334
(a) Fixed View 334
(b) Living tree 335
(2) Textualism 335
(3) Originalism 335
(4) Hypothetical intent theory 335
(5) Dworkin’s moral theory 335
(6) Critical theory 336
3.4 Theories of constitutional interpretation specific to the U.S. Federal Constitution: 336
(1) Judicial activism 338
(2) Judicial restraint 339
(3) Originalism 339
(4) Strict constructionism 341
(5) Textualism 342
3.5 Rules of interpretation specific to the U.S. Federal Constitution: 342
(1) Logical interpretation/Grundnorm theory of interpretation 342
(2) Historical/mechanical interpretation 345
(3) Dynamic/ progressive interpretation 348
(4) Limits of interpretation of U.S. Federal Constitution 354
(i) Separation of powers 354
(ii) Judicial self-restraint 356
(iii) Interpretation of treaties in the U.S. 366
(iv) Personal factors in constitutional interpretation 368
(5) Role of the U.S. Supreme Court in the development of the U.S. rigid constitution 369
3.6 Rules of interpretation of English Unitary Constitution 369
(1) Application of the rules of statutory interpretation 369
(2) Supremacy of European Union Law (EU Law) over domestic law 370
(3) The Constitutional Reform Act, 2005 370
(4) Interpretation of treaties in Britain 370
(5) Limits of the Courts in Britain 371
(6) Federal trends in U.K. unitary system 371
3.7 Rules of constitutional interpretation in other Common Law coun-tries: Canada, Australia, Ireland, Newzealand, India, Pakistan, Sri Lanka, South Africa, Bangladesh, etc. 371
(i) Colonial constitutions, legislatures & laws 372
(ii) Dominions under the Statute of Westminster (1931) 372
(i) Federal Constitution of Australia 372
(1) Rules of interpretation of Australian Constitution 373
(2) Justice Michael Kirby on the interpretation of Australi-an Constitution 374
(3) A Bill of Rights 376
(ii) Quasi-federal Constitution of Canada 377
(iii) Unitary Constitution of Ireland : Political & Constitutional History 381
(iv) Unitary Constitution of New Zealand 383
(v) Quasi-federal Constitution of India 384
(vi) Quasi-federal Constitution of Pakistan (1973) 384
(vii) Unitary Constitutions of Ceylon (Sri Lanka since 1978) 385
(viii) Quasi-federal Constitution of South Africa 388
(ix) Unitary Constitution of Bangladesh 391
3.8 Rules of interpretation of Unitary Constitution of Israel 392
3.9 Rules of the constitutional interpretation in Civil law countries: France, Germany, Italy, Japan etc. 392
(i) Unitary Constitutions of France 392
(ii) Federal Constitution of unified Germany (German Basic Law) 394
(iii) Unitary Constitution of Italy 394
(iv) Unitary Constitution Japan 395
3.10 Rules of the constitutional interpretation in socialist countries: Chi-na, Cuba, North Korea, Vietnam, Laos, Myanmar etc. 395
3.11 Rules of the constitutional interpretation in Scandinavian countries: Norway, Sweden, Denmark, Finland etc. 395
3.12 Rules of interpretation of Swiss Federal Constitution 396
3.13 Rules of interpretation of the federal Constitution of Russia 396
3.14 A comparative study and conclusion 397
CHAPTER 4
RULES OF INTERPRETATION OF THE
INDIAN CONSTITUTION
4.1 Salient features of Indian Constitution 402
(1) Fundamental constitutional values and ideals 403
(2) Concept of welfare state (socio-economic democracy as the basis of political democracy) 412
(3) Guarantee of secularism (secularism as the basis of the free-dom of conscience and religion and Indian composite culture) 433
(4) Supremacy of the Constitution 461
(5) Adoption of parliamentary form of government: a brief history of Indian parliamentary system from the Government of India Act, 1858 to the present Constitution 461
(6) Federal Character of the Constitution 467
(7) Principles of separation of powers 521
(8) Rule of law 522
(9) Human rights and fundamental freedoms 522
(10) Independence of judiciary and judicial review 522
(11) Inviolable and unamendable basic structure 522
4.2 Supreme and High Courts as constitutional courts 523
4.3 General rules of interpretation of the Indian Constitution 523
(1) The general rules of statutory interpretation 523
(2) The General Clauses Act, 1897 523
(3) Applicability of the rules of interpretation of the U.S. Constitu-tion 523
(i) Logical/Grundnorm theory of interpretation 523
(ii) Historical interpretation 523
(iii) Purposive, dynamic and progressive interpretation 524
(4) Applicability of the rules of interpretation of the Australian and Canadian Constitutions: 525
4.4 Special Rules of Interpretation of the Indian Constitution 526
(1) Interpretation on the basis of fundamental Constitutional values and ideals 526
(2) Interpretation as a socio-economic document 526
(3) Interpretation as a secular Constitution 526
(4) Interpretation as supreme lex (Grundnorm) 526
(5) Interpretation as embodying and adopting parliamentary from of government 526
(6) Interpretation as quasi-federal Constitution (federal char-acter) 527
(i) Distribution of legislative powers 527
(ii) Distribution of financial powers and resources bet-ween the Union and the States 529
(iii) Administrative relations between the Union and the States 535
(7) Interpretation of the Constitution as embodying principles of separation of powers between three organs of government - executive, legislature and judiciary 539
(8) Interpretation of the Constitution as embodying the rule of law 539
(9) Interpretation of the Constitution as guaranteeing inviolable human rights and fundamental freedoms: theory of their liberal and expanding interpretation and theory of harmonious construction of Fundamental Rights, Directive Principles and Fundamental Duties 539
(i) Preamble as the source of both Parts III & IV 541
(ii) Textual interpretation 541
(iii) Harmonious interpretation 541
(iv) Place of Directive Principles in judging the reasona-bleness of restrictions imposed on fundamental free-doms 542
(v) Harmony between Parts III & IV as an essential feature of the basic structure and both together con-stituting the core and conscience of the Constitution 542
(vi) Fundamental Rights and Directive Principles as embo-diment of the three generations of human rights (blue, red & green rights) 542
(vii) Directive Principles may outweigh but cannot totally obliterate individual liberty guaranteed by Part III 543
(viii) Theory to foster respect for the international and re-gional laws on human rights 551
(ix) Theory to advance public morality or public interest 552
(x) Fundamental Rights are not absolute 552
(xi) Applicability of American doctrine of preferred posi-tion in India 555
(10) Interpretation of the Constitution as guaranteeing indepen-dence of judiciary and judicial review (modern approach) 557
(11) Interpretation of the Constitution as embodying inviolable and unamendable basic structure of the Constitution (Art. 368 interpretation) 557
(12) Interpretation of the Constitution as embodying self-executing and non-self executing provisions 558
(13) Interpretation of the Constitution as embodying the man-datory and directory provisions 560
(14) Interpretation of the Constitution to foster respect for inter-national law 561
4.5 Important Doctrines of Constitutional Interpretation 562
(1) Doctrine of Repugnancy 562
(2) Doctrine of pre-empted or occupied field 564
(3) Doctrine of pith and substance 565
(4) Doctrine of incidental encroachment/trenching 566
(5) Doctrine of ancillary and implied powers 567
(6) Doctrine of severability 567
(7) Doctrine of eclipse 568
(8) Doctrine of prospective over ruling 569
(9) Doctrine of stare decisis 570
(10) Doctrine of colourable legislation (or fraud on legislative pow-er) 580
(11) Doctrine of separation of powers 582
(12) Rule against excessive legislative delegation 582
(13) Rule against extra-territoriality of legislation 583
(14) Doctrine of implied repeal 584
(15) Doctrine against supposed spirit of Constitution (as source of power) 584
(16) Doctrine of harmonious construction 586
(17) Doctrine of progressive construction 586
(18) Doctrine of pleasure 587
(19) Doctrine of State action 587
(20) Doctrine of due process: 588
(21) Doctrine of political questions 588
(22) Presumption of constitutionality of statute 588
(23) Doctrine of last resort 589
4.6 A comparative study and conclusion 590
CHAPTER 5
CONSTITUTIONAL INTERPRETATION
WAND AMENDMENTS
5.1 Constitutional adaptation through interpretation 591
(1) U.S. Supreme Court 591
(2) Indian Supreme Court 592
(3) Doctrine of basic structure 592
5.2 Flexibility of the rigid US Constitution 592
5.3 Reasons for Frequent Amendments to the Indian Constitution 594
(1) Many administrative matters are not left to Parliamentary and State Legislations 595
(2) Faster socio-economic development 595
(3) For the protection of the interests of SCs, STs and OBCs 595
(4) Political compulsion and strategy 596
5.4 Conclusion : limit of judicial interpretation of constitutions 596
CHAPTER 6
PEOPLE AND THEIR CONSTITUTIONS
6.1 People’s political maturity as core issue in democracy 599
6.2 Denotation-connotation inverse variation for appreciating the nexus between people and modern democracy 600
6.3 Indian Parliamentary system-success or failure ? Discussion and answer 602
6.4 Relevancy of Varnasrama-dharma and Gandhism on present Indian political system : Preamble, Fundamental Rights, Directive Principles of State policy and Fundamental Duties 603
6.5 Conclusion : no need for a change over from present parliamen-tary system to presidential system 604
CHAPTER 7
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN
WORLD CONSTITUTIONS
7.1 Meaning of human rights 605
7.2 Indian view on human rights 608
7.3 Correct meaning of human rights 608
7.4 Human rights, civil liberties and democratic rights 609
7.5 Human rights and fundamental freedoms as foundation of modern constitutional governments: 610
7.6 Universal declaration of human rights, 1948 612
7.7 International Human Right Instruments/Covenants 612
(1) The Covenant on Civil and Political Rights together with its two Optional Protocols 612
(2) International Covenant on Economic, Social and Cultural Rights, 1966 613
7.8 Regional human rights instruments 614
7.9 Human rights and fundamental freedom in common law countries 614
7.10 Human Rights and Fundamental Freedoms in Civil Law Countries 615
7.11 Human Rights and Fundamental Freedoms in Communist/Socialist Countries 616
7.12 Human Rights and Fundamental Freedoms in Scandinavian Coun-tries 616
7.13 Need for a regional human rights instrument in asia 616
7.14 Critical Evalution and Conclusion 617
PART A
INDIAN CONSTITUTION AND CONSTITUTIONAL
DOCUMENTS—WITH A CRITICAL INTRODUCTION
A CRITICAL INTRODUCTION
1. Government of India Act (1800) (39 & 40 Geo. 3, c. 79) 628
2. Government of India Act (1833) (3 & 4 Will. 4, c. 85.) 631
3. Government of India Act (1853) [(As amended by 59 & 60 Vict., c. 14).] (16 & 17 Vict., c. 95. ) 643
4. Government of India Act (1854) (17 & 18 Vict., c. 77.) 645
5. Government of India Act (1858) 646
6. Indian Council Act (1861) (24 & 25 Vict., c. 67) 661
7. Indian High Counts Act (1865) (28 & 29 Vict., c. 15) 674
8. Government of India Act (1865) (28 & 29 Vict., c. 17) 675
9. Government of India Act (1869) (32 & 33 Vict., c. 98) 675
10. Indian Councils Act (1869) (32 & 33 Vict., c. 98) 676
11. Government of India Act (1870) (33 & 34 Vict., c. 3) 677
12. Indian Councils Act (1871) (34 & 35 Vict., c. 34) 678
13. Indian Councils Act (1874) (37 & 38 Vict., c. 91.) 679
14. Indian Councils Act (1892) (55 & 56 Vict., c. 14.) 680
15. Indian Councils Act (1904) (4 Edw. 7, c. 26.) 681
16. Council of India Act (1907) (7 Edw. 7, c. 35.) 681
17. Indian Councils Act (1909) (9 Edw. 7,c.4.) 682
18. Indian High Courts Act (1911) (1 & 2 Geo. 5, c. 18.) 684
19. Government of India Act (1912) (2 & 3 Geo. 5, c. 6.) 684
20. Government of India Act (1915-19) (5 & 6 Geo. 5, Ch. 61; 6 & 7 Geo. 5, Ch. 37; and 9 & 10 Geo. 5, Ch. 101.) 686
21. Government of India Act (1935) (26 Geo. V & 1 Edw. VIII Ch. 2.) 738
22. Indian Independence Act (1947) (10 & 11 Geo. VI, c. 30.) 868
23. India (Provisional Constitution) Order (1947) (Vide No. G. G. O. 14, dated 14-8-1947, Gazette of India, 1947, Extraordinary, page 834). 882
24. India (Consequential Provision) Act (1949) (12, 13 & 14 GEO. 6, Ch. 92) [16.12. ‘49]. 901
25. Membership of the Constituent Assembly of India 902
26. Form of Instrument of Accession 912
27. Form of Standstill Agreement between the State of ……and the Dominion of India 914
28. Pandit Jawarharlal Nehru’s historic Objectives Resolution (Decem-ber 13, 1946) 915
29. First Draft Constitution (October 13, 1947) 916
30. Draft Constitution of India (February 21, 1948) 980
31. Revised Draft Constitution (November 3, 1949) 1057
32. Constitution of India with up-to-date Amendments [upto the Constitution (93nd Amendment) Act, 2005] 1183
32. Constitutional Amendments from 1st Amendment Act, 1951 to 93rd Amendment Act, 2005 1380
The Constitution (First Amendment) Act, 1951 1398
The Constitution (Second Amendment) Act, 1952 1402
The Constitution (Third Amendment) Act, 1954 1403
The Constitution (Fourth Amendment) Act, 1955 1404
The Constitution (Fifth Amendment) Act, 1955 1407
The Constitution (Sixth Amendment) Act, 1956 1408
The Constitution (Seventh Amendment) Act, 1956 1409
The Constitution (Eighth Amendment) Act, 1959 1427
The Constitution (Ninth Amendment) Act, 1960 1427
The Constitution (Tenth Amendment) Act, 1961 1430
The Constitution (Eleventh Amendment) Act, 1961 1431
The Constitution (Twelfth Amendment) Act, 1962 1432
The Constitution (Thirteenth Amendment) Act, 1962 1433
The Constitution (Fourteenth Amendment) Act, 1962 1436
The Constitution (Fifteenth Amendment) Act, 1963 1438
The Constitution (Sixteenth Amendment) Act, 1963 1441
The Constitution (Seventeenth Amendment) Act, 1964 1443
The Constitution (Eighteenth Amendment) Act, 1966 1446
The Constitution (Nineteenth Amendment) Act, 1966 1447
The Constitution (Twentyth Amendment) Act, 1966 1447
The Constitution (Twenty-First Amendment) Act, 1967 1448
The Constitution (Twenty-Second Amendment) Act, 1969 1449
The Constitution (Twenty-Third Amendment) Act, 1969 1451
The Constitution (Twenty-Fourth Amendment) Act, 1971 1452
The Constitution (Twenty-Fifth Amendment) Act, 1971 1453
The Constitution (Twenty-Sixth Amendment) Act, 1971 1455
The Constitution (Twenty-Sevent Amendment) Act, 1971 1456
The Constitution (Twenty-Eighth Amendment) Act, 1972 1458
The Constitution (Twenty-Ninth Amendment) Act, 1972 1460
The Constitution (Thirtieth Amendment) Act, 1972 1461
The Constitution (Thirty-First Amendment) Act, 1973 1462
The Constitution (Thirty -Second Amendment) Act, 1973 1464
The Constitution (THIRTY-Third Amendment) Act, 1974 1468
The Constitution (Thirty-Fourth Amendment) Act, 1974 1469
The Constitution (Thirty -Fifth Amendment) Act, 1974 1470
The Constitution (Thirty -Sixth Amendment) Act, 1975 1473
The Constitution (Thirty -Seventh Amendment) Act, 1975 1477
The Constitution (Thirty- Eighth Amendment) Act, 1975 1478
The Constitution (Thirty-Ninth Amendment) Act, 1975 1480
The Constitutional (Fortieth Amendment) Act, 1976 1484
The Constitution (Forty-First Amendment) Act, 1976 1488
The Constitution (Forty-Second Amendment) Act, 1976 1489
The Constitution (Forty-Third Amendment) Act, 1977 1506
The Constitution (Forty-Fourth Amendment) Act, 1977 1508
The Constitution (Forty-Fifth Amendment) Act, 1980 1522
The Constitution (Forty-Sixth Amendment) Act, 1982 1522
The Constitution (Forty-Seventh Amendment) Act, 1984 1527
The Constitution (Forty-Eighth Amendment) Act, 1984 1529
The Constitution (Forty-Ninth Amendment) Act, 1984 1529
The Constitution (Fiftieth Amendment) Act, 1984 1531
The Constitution (Fifty-First Amendment) Act, 1984 1532
The Constitution (Fifty-Second Amendment) Act, 1985 1533
The Constitution (Fifty-Third Amendment) Act, 1986 1537
The Constitution (Fifty-Fourth Amendment) Act, 1986 1539
The Constitution (Fifty-Fifth Amendment) Act, 1986 1540
The Constitution (Fifty-Sixth Amendment) Act, 1987 1541
The Constitution (Fifty-Seventh Amendment) Act, 1987 1542
The Constitution (Fifty-Eighth Amendment) Act, 1987 1543
The Constitution (Fifty-Ninth Amendment) Act, 1988 1544
The Constitution (Sixtieth Amendment) Act, 1988 1546
The Constitution (Sixty-First Amendment) Act, 1988 1547
The Constitution (Sixty-Second Amendment) Act, 1989 1548
The Constitution (Sixty-Third Amendment) Act, 1989 1549
The Constitution (Sixty-Fourth Amendment) Ac1, 1990 1550
The Constitution (Sixty-Fifth Amendment) Act 1990 1552
The Constitution (Sixty-Sixth Amendment) Act, 1990 1555
The Constitution (Sixty-Seventh Amendment) Act, 1990 1556
The Constitution (Sixty-Eighth Amendment) Act, 1991 1557
The Constitution (Sixty-Ninth Amendment) Act, 1991 1558
The Constitution (Seventieth Amendment) Act, 1992 1560
The Constitution (Seventy-First Amendment) Act, 1992 1561
The Constitution (Seventy-Second Amendment) Act, 1992 1562
The Constitution (Seventy-Third Amendment) Act,1992 1569
The Constitution (Seventy-Fourth Amendment) Act; 1992 1579
The Constitution (Seventy-Fifth Amendment) Act, 1993 1580
The Constitution (Seventy-Sixth Amendment) Act, 1994 1581
The Constitution (Seventy-Seventh Amendment) Act, 1995 1582
The Constitution (Seventy-Eighth Amendment) Act; 1995 1584
The Constitution (Seventy-Ninth Amendment) Act, 1999 1584
The Constitution (Eightieth Amendment) Act, 2000 1584
The Constitution (Eighty First Amendment) Act, 2000 1587
The Constitution (Eighty Second Amendment) Act 2000 1588
The Constitution (Eighty Third Amendment) Act 2000 1589
The Constitution (Eighty Fourth Amendment) Act, 2001 1590
The Constitution (Eighty-Fifth Amendment) Act, 2001 1592
The Constitution (Eighty-Sixth Amendment) Act, 2002 1593
The Constitution (Eighty-Seventh Amendment) Act, 2003 1594
The Constitution (Eighty-Eighth Amendment) Act, 2003 1595
The Constitution (Eighty-Ninth Amendment) Act, 2003 1597
The Constitution (Ninetieth Amendment) Act, 2003 1599
The Constitution (Ninety-First Amendment) Act, 2003 1600
The Constitution (Ninety-Second Amendment) Act, 2003 1602
The Constitution (Ninety-Third Amendment) Act (2005) 1603
The Sixth Schedule to the Constitution (Amendment) Act, 2003 1603
33. General Clause Act (1897) (No X of 1897) 1608
34. Indian High Courts : Their Jurisdiction And Seats 1619
35. Instrument of Accession of Jammu and Kashmir State (October 27, 1947) 1621
36. Constitution (Application to Jammu and Kashmir) Order (1950) 1623
37. Constitution (Application to Jammu and Kashmir) Order (1954) 1623
38. Jammu and Kashmir Constitution Act (1939 A.D.) 1634
39. Constitution of Jammu and Kashmir (1957) (As amended up-to-date) 1651


CONSTITUTIONS, CONSTITUTIONAL
INTERPRETATION AND
HUMAN RIGHTS
Contents of Volume 2
PART B
BRITISH CONSTITUTION AND CONSTITUTIONAL
DOCUMENTS—WITH A CRITICAL INTRODUCTION
Arrangement of Subject
PAGE
1. Magna Carta (Enacted on June 15, 1215 A.D.) 1691
2. Petition of Right (1628) 1699
3. Habeas Corpus Act (1679) 1701
4. Bill of Rights (1689) 1703
5. Act of Settlement (1700) 1710
6. Act of Union (2 July 1800) (40 Geo. III c. 67) 1713
7. Parliament Act (1911) (1911 Chapter 13 1_and_2_Geo_5) 1716
8. Parliament Act (1949) (1949 Chapter 103 12_13_and_ 14_Geo_6) 1718
9. Representation of the People Act (1918) 1719
10. Representation of the People Act (1928) 1719
11. Colonial Laws Validity Act (1865) (1865 Chapter 63 28_and_ 29_Vict) 1720
12. Interpretation Act (1889) 1721
13. Emergency Powers Act (1920) (1920 Chapter 55 10_and_ 11_Geo_5) 1735
14. Statute of Westminster (1931) [22 George V, c. 4 (U.K.)] 1736
15. Crown Proceedings Act 1947 (1947 Chapter 44 10_ and_ 11_ Geo_6 1739
16. Ireland Act (1949) (12 & 13 Geo. 6) (Ch. 41) 1760
17. European Communities Act ( October 17, 1972) (1972 Chapter 68) 1764
18. Good Friday Agreement (Belfast Agreement) (Belfast, April 10, 1998) 1791
19. Northern Ireland Act (November 19, 1998) 1815
20. Scotland Act (November 19, 1998) 1906
21. Wales Act ( July 31, 1998) (1998 Chapter 38) 2011
22. Parliamentary Commissioner Act (March 22, 1967) 2183
23. Tribunals & Inquiries Act ( July 16, 1992) 2212
24. Human Right Act (November 9, 1998) 2240
25. Freedom of Information Act (November 30, 2000) 2253
26. Constitutional Reform Act (March 24, 2005) 2337
PART C
CONSTITUTIONS OF COMMON LAW COUNTRIES—
A CRITICAL INTRODUCTION
1. UNITED STATES (US)—Declaration of American Independence (July 4, 1776) 2622
2. Constitution of the United States of America 2626
3. Federal Administrative Procedure Act, 1946 2646
4. AUSTRALIA—Commonwealth of Australia Constitution Act (9th July 1900) 2655
5. Constitutional Act of 1791 2676
6. CANADA—Constitutional Act (1791) 2677
7. Constitution Act (1867) [Formerly called British North America Act (1867)] 2690
8. Constitution Act (1982) 2715
9. Constitution Amendment Proclamation (1983) 2728
10. Canadian Human Rights Act (1976-77) 2730
11. Supreme Court Act 2755
12. IRELAND—Constitution of Ireland (1937) 2774
13. NEW ZEALAND—Constitution of New Zealand 2803
14. New Zealand Bill of Rights Act (1990) 2810
15. SRI LANKA—Constitution of Sri Lanka 2814
16. PAKISTAN—Constitution of Islamic Republic of Pakistan (1973) 2920
17. BANGLADESH—Constitution of People’s Republic of Bangladesh (1972) 3028
PART D
CONSTITUTIONS OF CIVIL LAW COUNTRIES—
A CRITICAL INTRODUCTION
1. GERMANY—Basic Law for Federal Republic of Germany (1990) 3085
2. FRANCE—Constitution of Francenor 3127
3. ITALY—Constitution of Italy 3141
4. JAPAN—Constitution of Japan 3165
PART E
CONSTITUTIONS OF SCANDINAVIAN COUNTRIES—
A CRITICAL INTRODUCTION
1. NORWAY—Constitution of Norway 3177
2. SWEDEN—Constitution of Sweden 3193
3. DENMARK—Constitutional Act of Denmark, etc. 3269
4. FINLAND—Constitution of Finland 3282
PART F
CONSTITUTIONS OF COMMUNISTS COUNTRIES— WITH A CRITICAL INTRODUCTION
1. CHINA—Constitution of People’s Republic of China 3296
2. CUBA—Constitution of the Republic of Cuba 3321
3. LAOS—Constitution of the Laos People’s, etc. 3348
4. NORTH KOREA—Democratic People’s Republic, etc. 3358
5. VIETNAM—Constitution of the Socialist Republic of Vietnam 3378
6. MYANMAR—(Former Burma) Constitution of the Socialist, etc. 3406
PART G
FEDERAL CONSTITUTIONS OF SWITZERLAND, RUSSIA, BRAZIL,
NIGERIA QUASI-FEDERAL CONSTITUTION OF SOUTH
AFRICA CONSTITUTIONS OF SAN MARIANO (WORLD’S
OLDEST BUT STILL LIVING REPUBLIC) & EAST
TIMOR (WORLD YOUNGEST REPUBLIC)
1. SWITZERLAND—Constitution of Swiss Confederation (Swit-zerland) 3437
2. RUSSIA—Constitution of Russian Federation 3482
3. BRAZIL—Constitution of Brazil 3508
4. NIGERIA—(Federal Republic of Nigeria) Constitution 3626
5. SOUTH AFRICA—(Republic of South Africa) Constitution 3751
6. SAN MARINO—(Adopted on October 8, 1600) Constitution 3854
7. EAST TIMOR—(The Democratic Republic Of East Timor) Constitution 3857


CONSTITUTIONS, CONSTITUTIONAL
INTERPRETATION AND
HUMAN RIGHTS
Contents of Volume 3
PART A
MEANING, HISTORY AND DEVELOPMENT OF HUMAN RIGHTS,
BASIC INTERNATIONAL AND REGIONAL HUMAN RIGHTS
INSTRUMENTS AND PROTECTION OF THE RIGHT TO A
FAIR TRIAL AND ACCESS TO JUSTICE
Arrangement of Subject
PAGE
MEANING, HISTORY AND DEVELOPMENT OF HUMAN RIGHTS 3905
A. INTERNATIONAL HUMAN RIGHTS INSTRUMENTS 3917
1. Relevant provisions of the United Nations Charter (1945) 3917
2. Universal Declaration of Human Rights (1948) 3926
3. International Covenant on Economic, Social and Cultural Rights (1966) 3930
4. International Covenant on Civil and Political Rights (1966) 3937
(i) First Optional Protocol to the International Covenant on Civil and Political Rights (1966) 3951
(ii) Second optional protocol to the International cove-nant on Civil And Political Rights, Aiming at the ab-olition of the Death Penalty (1989) 3954
5. Declaration by the Government of India in respect of International Covenant on Economic, Social and Cultural Rights (1966) and International Covenant on Civil and Political Rights (1966) 3956
6. The Proclamation of Teheran (1968) 3957
7. World Conference on Human Rights—the Vienna Declara-tion and Programme of Action (1993) (Adopted on 25 June 1993) 3960
8. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Un-iver-sally Recognized Human Rights and Fundamental Free-doms (1998) 3982
9. United Nations Procedure for Handling Human Rights Com-plaints 3987
(i) Resolution 728F (xxviii) of the Economic and Social Council 3987
(ii) Resolution 1235 (xlii) of the Economic and Social Council 3988
(iii) Resolution 1503 (xlviii) of the Economic and Social Council 3989
(iv) Resolution 1 (xxiv) of the Sub-Commission on Pre-vention of Discrimination and Protection of Minori-ties 3991
10. Rome Statute of the International Criminal Court (1998) 3993
11. Statute of Amnesty International 4055
12. Human rights and death penalty 4062
B. REGIONAL HUMAN RIGHTS INSTRUMENTS 4064
1. European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, Together with Protocols Nos. 1, 4, 6 and 7, as Amended by Protocol 11 4064
2. Final Act of the Felsinki Conference (1 August, 1975) 4082
3. AMERICAN CONVENTION ON HUMAN RIGHTS (‘Pact of San Jose, Costa Rica’, 22 November 1969) (Entry into force: 18 July 1978 in accordance with Article 74). 4128
4. African Charter on Human and Peoples’ Rights (Nairobi, 27 June 1998) 4147
5. Bangkok Declaration, 2 April 1993 4158
6. Human Rights Instruments in Arab and Islamic States: 4170
(i) Cairo Declaration on Human Rights in Islam (1990) 4170
(ii) Arab Charter on Human Rights (1994) 4175
7. Asia Human Rights Charter—Draft Document (as updated on 30th March, 1981) 4180
8. Commmonwealth of Independent States (CIS) Convention on Human Rights and Fundamental Freedom (as updated on 26th May, 1995)
9. CIS Convention of Human Rights and Fundamental Free-doms (26 May 1985) 4193
10. Human Rights Chamber of Bosnia and Herzegovina (1995) 4201
C. PROTECTION OF THE RIGHT TO A FAIR TRIAL AND ACCESS TO JUSTICE 4208
1. Universal Declaration of Human Rights (UDHR) (1948), Art. 10 proclaims: 4210
2. International Covenant on Civil and Political Rights (ICCPR) (1966, Art 14(1) has declared and mandated : 4211
3. European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) (1950) 4211
4. Inter-American Convention on Human Rights (IACHR) (1969) (Pact of San Jose, Costa Rica, 22 November, 1969), Art. 8 provides thus : 4212
5. African Charter on Human and Peoples’ Rights (ACHPR) (1981) (also called Banjul Charter), Art7 provides thus : 4212
6. Basic Principles on the Independence of the Judiciary (UNBP) 4213
7. Basic Principles on the Role of Lawyers 4215
8. Guidelines on the Role of Prosecutors 4219
9. Beijing Statement of Principles of the Independence of Judiciary in lawasia (Beijing, 19th August 1995) (As Amended at Manila, 28 August 1997) 4223
10. Safeguards Guaranteeing Protection of the rights of those facing the Death Penalty (Approved by Economic and Social Council resolution 1984/50 of 25 May 1984) 4231
PART B
INTERNATIONL HUMANITARIAN LAW (IHL) HUMANITARIAN
RIGHTS AND HUMAN RIGHTS (HRHR) AND INTERNATIONAL
COMMITTEE OF THE RED CROSS (ICRC), HUMANITARIAN
RIGHTS, HUMAN RIGHTS AND TERRORISM AND RIGHT OF
SELF-DETERMINATION AS HUMAN RIGHT
INTERNATIONAL HUMANITARIAN LAW (IHL) 4234
1. Meaning, history and development of IHL 4234
2. Convention on the prevention and punishment of the crime of genocide (1948) 4240
3. Geneva Convention for the Amelioration of the condition of the wounded and Sick in Armed Forces in the field of 12th August, 1949 4242
4. Geneva Convention for the Amelioration of the Condition of wounded, sick and Shipwrecked Members of armed forces At Sea of 12th August, 1949. 4258
5. Geneva Convention Relative to the Treatment of Prisoners of War of 12th August, 1949 4270
6. Geneva Convention Relative to the Protection of Civilian Per-sons in Time of War of 12th August, 1949 4313
7. Protocols I and II 4354
1. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8th June, 1977 4354
2. Protocol II—Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), of 8th June, 1977 4396
8. The Geneva Conventions Act, 1960 (Act 6 of 1960) (12th March, 1960) 4403
9. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful, Activities) Act, 2005 (India) [Received the assent of the President on 6-6-2005. Act published in Gaz. of India, 7-6-2005, Pt. II, S. 1; Est., p. 1 (No. 24)] 4408
10. Statute of the International Tribunal for the Prosecution of Per-sons Responsible for Serious Violations of International Huma-nitarian Law Committed in the Territory of the Former Yugos-lavia Since 1991 4416
HUMANITARIAN RIGHTS AND HUMAN RIGHTS 4424
INTERNATIONAL HUMANITARIAN LAW (IHL) AND INTER-NATIONAL COMMITTEE OF THE RED CROSS (ICRC) 4424
HUMANITARIAN RIGHTS, HUMAN RIGHTS AND TERRORISM 4425
INTERNATIONAL CONVENTION AGAINST THE TAK-ING OF HOSTAGES 4431
INTERNATIONAL CONVENTION FOR THE SUPPRES-SION OF THE FINANCING OF TERRORISM 4442
INTERNATIONAL CONVENTION FOR THE SUPPRES-SION OF ACTS OF NUCLEAR TERRORISM 4952
B. MUTILATERAL CONVENTIONS ON TERRORISM 4462
1. Convention on Offences and Certain other Acts Committed on Board Aircraft 4462
2. Convention for the Suppression of Unlawful Seizure of Aircraft 4468
3. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation 4471
4. Convention on the Physical Protection of Nuclear Material 4473
5. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 4481
6. Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 4485
7. Protocol for the Suppression of Unlawful Acts Against the Safe-ty of Fixed Platforms Located on the Continental Shelf 4492
8. Convention on the Marking of Plastic Explosives for the Pur-pose of Detection 4495
C. REGIONAL CONVENTIONS ON TERRORISM 4500
1. Convention of the Organization of the Islamic Conference on Combating International Terrorism 4500
2. European Convention on the Suppression of Terrorism 4510
3. Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance 4517
4. Organisation of African Unity Convention on the Prevention and Combating of Terrorism, 1999 4519
5. SAARC Regional Convention on Suppression of Terrorism 4527
6. UN General Assembly Resolution 2625 (XXV). Declaration on Principles of International Law Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations 4530
7. The SAARC Convention (Suppression of Terrorism) Act, 1993 (India) [26th April 1993] 4537
8. Additional Protocol to the SAARC Regional Convention on Suppression of Terrorism 4538
9. Treaty on Co-operation among the States Members of the Commonwealth of Independent States in Combating Ter-rorism, 1999 4545
Right of self-determination as human right 4553
PART C
PROTECTION OF WOMEN, CHILDREN AND DISABLED
PERSONS HUMAN RIGHTS, HIV/AIDS AND
PROTECTION OF MINORITIES
1. PROTECTION OF WOMEN 4567
1. UN Charter (1945)—Its Preamble and Arts. 1(3), 13(1)(b), 55(c), 56, 62(2), 76(c) etc. [For the text of these Articles see Volume 3 Part-A, 1A(1)] 4568
2. Universal Declaration of Human Rights (1948) Art. 2, 16 & 25(2) [For the text of these Articles see Volume 3 Part-A, 1-A (2)] 4568
3. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949) 4568
4. Equal Remuneration Convention, 1951 (No. 100) 4573
5. Convention on the Political Rights of Women (1952) 4576
6. ICESCR (1966) Art. 2(2) [For the text of this Article see Volume 3 Part-A, 1-A(3)] 4578
7. ICCPR (1966) Art. 2(1) [For the text of this Article see Volume 3 Part-A, 1-A(4)] 4578
8. Declaration on the Elimination of Discrimination against Wom-en (1967) 4578
9. Convention on the Elimination of All Forms of Discri-mination against Women (CEDAW) (18 December 1979) 4581
10. Declarations and reservation made by the Government of India in respect of CEDAW 4589
11. Optional Protocol to the Convention on the Elimination of Dis-crimination against Women, 1999 4590
12. World Conference on Human Rights—The Vienna Declaration and Programme of Action (1993) Part II paragraphs 36-44 [For the text of these provisions see Volume Three Part-A, 1-A(6)] 4594
13. Declaration on the Elimination of Violence Against Women (1993) 4594
14. SAARC on Social issues 4598
15. The Immoral Traffic (Prevention) Act (1956) (Act 104 of 1956) (as Amended by Act 44 of 1986) 4602
16. The Dowry Prohibition Act (1961) (Act No. 28 of 1961) (As amended by Act 63 of 1984 and Act 43 of 1986) 4619
17. The Indecent Representation of Women (Prohibition) Act (1986) (Act 60 of 1986) [23rd December, 1986] 4623
18. The Medical termination of Pregnancy Act (1971) (Act 34 of 1971) 4626
19. The Commission of Sati (Prevention) Act (1987) [Act 3 of 1988] [3rd January, 1988] 4628
20. The National Commission for Women Act (1990) (Act 20 of 1990) (30th August, 1990) 4633
21. Protection of Women from Domestic Violence Act (2005) (In-dia) 4639
22. The Protection of Women from Domestic Violence Act (2005) (43 of 2005) 4640
2. PROTECTION OF CHILDREN 4651
1. UDHR (1948) Art. 25(2) and Art. 26(3) [For full text of these Articles see Volume Three Part-A, 1A (2)] 4651
2. Convention on Consent to Marriage, Minimum Age for Mar-riage and Registration of Marriages (1962) 4651
3. Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1965) 4653
4. Declaration of the Rights of the Child (1959) Proclaimed by General Assembly resolution 1386 (XIV) of 20 November 1959 4655
5. ICESCR (1966) Art. 12(2)(a) [For full text see Volume Three Part-A, 1-A(3)] 4656
6. ICCPR (1966) Art. 24 [For full text see Volume Three Part-A, 1-A(4)] 4656
7. Declaration on the Protection of Women and Children in Emer-gency and Armed Conflict (1974) 4656
8. Declaration on Social and Legal Principles relating to the Pro-tection and Welfare of Children, with Special Reference to Fos-ter Placement and Adoption Nationally and Internationally (1986) 4658
9. Convention on the Rights of the Child (1989) Adopted by Resolution 44/25 of the General Assembly of the United Nations on 20 November 1989 (Entry into force: 2 September 1990 in accordance with Article 49) 4661
10. Declaration made by the Government of India in respect of the Convention on the Rights of the Child (1989) 4674
11. Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples 4675
12. World Conference on Human Rights—The Vienna Declaration and Programme of Action (1993) Part II paragraphs 45-53 4677
13. United Nations Standard Minimum Rules for the Admini-stration of Juvenile Justice (“The Beijing Rules”) (1985) 4677
14. Minimum Age Convention, 1973 (No. 138) 4683
15. Worst Forms of Child Labour Convention, 1999 (No. 182) 4688
16. The Pre-conception and Pre-natal Diagnostic Techniques (Pro-hibition of Sex Selection) Act, 1994 (Act 57 of 1994) 4691
17. The Juvenile Justice (Care and Protection of Children) Act (2000) (India) 4708
18. The Prohibition of Child Marriage Act, 2006 (Act 6 of 2007) (India) 4726
3. PROTECTION OF DISABLED PERSONS 4731
1. UDHR (1948) Art. 25(1) [For full text of this Art. See Volume Three Part- A, 1-A(2)]. 4732
2. ICESCR (1966) Art. 12(1) [For full text of this Art. See Volume Three Part- A, 1-A(3)]. 4732
3. Declaration on the Rights of Mentally Retarded Persons (Proc-laimed by General Assembly resolution 2856 (XXVI) of 20 De-cember 1971) 4732
4. Declaration on the Right of Disabled Persons 4733
5. World Conference on Human Rights—(The Vienna Declaration and Programme of Action (1993) Part II paragraphs 62-65) 4735
6. Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region (1992) 4735
7. National Policy for Persons with Disabilities (1993) (India) 4739
8. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (1995) (1 of 1996) 4752
9. Mental Health Act (1987) (India) 4804
10. Rehabilitation Council of India Act (1992) No. 34 of 1992 4804
11. The National Trust for Welfare of Persons with Autism, Cere-bral Palsy, Mental Retardation and Multiple Disabilities Act (1999) [44 of 1999] 4812
4. HUMAN RIGHTS AND HIV/AIDS 4823
1. 12 International Guidelines on HIV/AIDS and Human Rights (Developed by Second International Consultation on HIV/ AIDS and Human Rights in September 1996) 4824
2. Resolution unanimously adopted by the 99th Inter-Parliamentary Union Conference (Windhoek, 10 April 1998) 4837
5. PROTECTION OF MINORITIES 4840
1. Declaration of the Principles of International Cultural Co-operation (1966) 4840
2. Indigenous and Tribal Peoples Convention (1989) Geneva, 27 June 1989 Entry into force: 5 September 1991 4842
3. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992) 4851
4. Indian Constitutional and Legal Provisions for the Protection of the Minorities 4854
(i) Arts. 15, 16, 46, 330, 332, 341, 342, 334, 335, 338, 338A, 366 (24) and (25) etc. [For full text of this Arts. see Volume Two Part-A (Indian Constitution and Con-stitutional Documents)] 4854
(ii) Scheduled Castes and Scheduled Tribes Orders under the Constitution: 4854
(a) Constitution (Scheduled Castes) Order, 1950 4854
(b) Constitution (Scheduled Castes) (UT) Order, 1951 4854
(c) Constitution (Scheduled Tribes) Order, 1950 4854
(d) Constitution (Scheduled Tribes) (UT) Order, 1951 4854
(e) Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 4854
(f) Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 and 4854
(g) Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 [For full text of these Orders and Acts see Volume Two Part-A (In-dian Constitution and Constitutional Docu-ments)] 4854
(ii) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (1989) 4862
PART D
HUMAN RIGHTS AND ENVIRONMENT AND RIGHT TO DEVELOPMENT
1. BASIC INTERNATIONAL AND REGIONAL INSTRUMENTS ON ENVIRONMENT 4870
1. Declaration of the United Nations Conference on the Human Environment (1972) 4881
2. The Rio Declaration on Environment and Development (1992) 4885
3. The Ramsar Convention on Wetlands, 2 February 1971 4888
4. Ramsar List of Wetlands of International Importance (April 11, 2008) 4892
5. Manipur Loktak Lake (Protection) Act (2006) Text 4954
6. Convention on Biological Diversity (1992) 4963
7. The Johannesburg Declaration on Sustainable Development (2002) 4979
8. World Charter for Nature (1982) 4982
9. Convention for the Protection of the World Cultural and Natural Heritage (1972) 4986
10. SAARC on Environment 4995
11. National Forest Policy (1988) [No. 3-1/86-FP Ministry of Environment and Forests (Department of Environment, Fo-rests and Wildlife)] Paryavaran Bhavan, CGO Complex, Lo-di Road, New Delhi-110003. 4997
12. The National Zoo Policy (1998) S.O. 936 (E), dated 28th October, 1998 5003
13. National Environment Policy (2006) (Approved by the Un-ion Cabinet on 18th May, 2006) 5007
14. The Wild Life (Protection) Act(1972) (Act 53 of 1972) 5041
15. Forest (Conservation) Act, 1980 (69 of 1980) (27th Decem-ber, 1980) 5125
16. Environment (Protection) Act (1986) (Act 29 of 1986) 5128
17. Biological Diversity Act (2002) (Act 18 of 2003) 5136
2. BASIC INTERNATIONAL INSTRUMENTS ON RIGHT TO DEVELOPMENT 5154
1. Some Economic Foundations of Human Rights: A Study Prepared by Jose Figueres, 1968 5155
2. Declaration on the Right to Development (1986) 5168
3. An Agenda for Development : Report and Recommen-dations of the UN Secretary-General (1994) 5171
4. Copenhagen Declaration on Social Development (1995) 5185
PART E
HUMAN RIGHTS AND FREE MEDIA
A. Critical Introduction 5206
1. The MacBride Report (1980) 5211
A. Conclusions and Recommendations 5211
B. Issues Requiring Further Study 5230
I. Increased Interdependence 5230
II. Improved Co-ordination 5231
III. International Standards and Instruments 5231
IV. Collection and Dissemination of News 5231
V. Protection of Journalists 5231
VI. Greater Attention to Neglected Areas 5232
VII. More Extensive Financial Resources 5232
2. Declaration of Windhoek (3 May 1991) 5232
3. 1992—Declaration of Alma Ata [Endorsed by UNESCO’s General Conference at its twenty-eighth session (1995)] 5235
4. 1995—Declaration of Santiago [Endorsed by UNESCO’s General Conference at its twenty-eighth session (1995)] 5238
5. 1996—Declaration of Sana’a [Resolution 34 adopted by the Gen-eral Conference at its twenty-ninth session (1997)] 5242
6. 1997—Declaration of Sofia [Resolution 35 adopted by the General Conference at its twenty-ninth session (1997)] 5245
7. Belgrade Declaration 5248
8. Final Declaration—Media and Good Governance (Dakar, 3 May 2005) 5250
9. Colombo Declaration (Media, Development and Poverty Eradica-tion, Colombo, 2 May 2006) 5252
10. Declaration on Fundamental Principles concerning the Contribu-tion of the Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War (1978) 5254
11. The Working Journalists and other Newspaper Employees (Condi-tions of Service) and Miscellaneous Provisions Act (1955) (India) [20th December, 1955] (India) 5258
12. The Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958) (India) 5274
13. Press Council Act (1978) (India) 5279
14. Prasar Bharati (Broadcasting Corporation of India) Act (1990) (Act 25 of 1990) 5286
15. The Information Technology Act (2000) (India) (Act 21 of 2000) 5301
16. The Freedom Of Information Act, 2002 (5 of 2003) 5333
17. Right to Information Act, 2005 (India) 5341