Emergency powers and the courts in India and Pakistan / Imtiaz Omar.
2002
KNC605 .O46 2002 (Map It)
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Details
Author
Title
Emergency powers and the courts in India and Pakistan / Imtiaz Omar.
Published
The Hague ; New York : Kluwer Law International, [2002]
Copyright
©2002
Call Number
KNC605 .O46 2002
Former Call Number
Comp 218 Om1 2002
ISBN
904111775X (alk. paper)
Description
xiii, 217 pages ; 24 cm.
System Control No.
(OCoLC)49351804
Note
Revised and expanded version of the author's thesis (LLM--University of Saskatchewan, 1986) presented under the title: Emergency personal liberty and the courts in India and Pakistan.
Bibliography, etc. Note
Includes bibliographical references (pages [205]-211) and index.
Series
Record Appears in
Table of Contents
Preface
Introduction
1
India & Pakistan: Independent Statehood & Adoption of Constitutions
1
Some Characteristics of the Constitutions of India and Pakistan
2
States of Emergency in India and Pakistan: Issues of Constitutionalism
7
Ch. I
Emergency and Constitutionalism
11
Rationale for Entrenched Emergency Powers
11
Emergency as a Constitutional Problem
12
Emergency as a Constitutional Norm in India and Pakistan
17
Preventive Detention
23
Ch. II
Constitutional Emergency Powers of the Executive
27
The Power to Proclaim an Emergency
27
Amendment of Provisions in Indian Constitution on Proclamation, Approval, and Duration of Emergency (1978)
36
Justiciability of a Proclamation of Emergency: New Horizons
39
The Power to Suspend the Enforcement of Fundamental Rights during Emergency
44
Recent Changes to the Text and Interpretation of Constitutional Provisions on Suspension of Enforcement of Fundamental Rights
48
Ch. III
Extra-Constitutional Emergency Powers: Martial Law
53
Common Law Doctrine of Martial Law
53
States of Martial Law in Pakistan
55
Proclamation of Martial Law: 1958
56
Second Proclamation of Martial Law: 1969
58
Third Proclamation of Martial Law: 1977
61
Fourth Proclamation of "Martial Law" ("Emergency"): 1999
63
Ch. IV
Emergency, Fundamental Rights and the Courts
69
Suspension of Fundamental Rights during Emergency
71
Suspension of the Enforcement of Fundamental Rights during Emergency
73
Suspension of Fundamental Rights during Martial Law
80
Ch. V
Jurisprudence of the Indian Supreme Court during the 1962-1969 Emergency
85
The Emergency of 1962
85
Detention Jurisprudence of Makhan Singh
87
Post-Makhan Singh Decisions
92
Emergency Powers, Fundamental Rights and the Supreme Court's Detention Jurisprudence
96
Ch. VI
Jurisprudence of the Indian Supreme Court during the 1971-1977 Emergency
97
The Emergencies of 1971 and 1975 in India
97
Emergency Jurisprudence of Shivakant Shukla
101
Shivakant Shukla and the Court's Self-denial of Judicial Power
110
Ch. VII
Jurisprudence of the Pakistan Supreme Court during Emergency
113
The Emergencies of 1965 and 1971 in Pakistan
113
Emergency Powers and the Inalienable Right to be Treated in Accordance with Law
115
Legality of Executive Action during an Emergency
116
The Principle of Legality during Extra-Constitutional Emergency (Martial Law)
122
Ch. VIII
Emergency, Constitutionalism and the Political Function of the Courts
129
Future Emergencies and the Court's role in India and Pakistan: Issues and Prospects
138
India
138
Pakistan
142
App. A
The Constitution of India
147
App. B
Constitution of the Republic of Pakistan 1962
165
App. C
Constitution of the Islamic Republic of Pakistan 1973
175
Table of Cases
193
Table of Legislation
199
Bibliography
205
Index
213