Department of Law
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The Institution was established as University Law College and was housed in the building of Arts. In the year 2000, it was upgraded to the status of a Department of University of North Bengal with a separate, distinct and prestigious location.
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Item Open Access Constitutionalism to Transformative Constitutionalism: The Changing Role of the Judiciary(University of North Bengal, 2020-09) Kundu, IndraniConstitutionalism ensures protection of rights of its citizens. The Constitutional designers provided two models to ensure the same. These two models area. Parliamentary Sovereignty- It postulates that the legislature is the legitimate forum for safeguarding citizen’s rights. b. Judicial Supremacy- It emphasizes the significance of the Court to safeguard rights of citizens. Judicial Supremacy proliferated post Second World War as a reaction to the often violation of rights of minority group. The probability of imperilment of rights of groups having inadequate representation in the Parliament was supposedly more in Parliamentary Sovereignty. Judicial Supremacy ensured better protection of rights because it had the power to review and strike down any rights-infringing legislation. In almost all the countries the Apex Court is vested with the ultimate power of interpretation of the Constitution to ensure protection of rights. Judicial Review and Constitutional Interpretation by the Judiciary has led to the introduction of ‘Transformative Constitutionalism’. Transformative Constitutionalism recognizes the changing nature of the Society and accepts the Constitution as a transformative document rather than a rigid one. In this backdrop this paper undertakes the study of the written Constitution of India and the unwritten Constitution of the United Kingdom. The object of this study is to locate any shift in the principles of Constitutionalism in the Constitutions of these two countries.Item Open Access Analysis of Transformative Constitutionalism with Special Reference to Sexual Minorities in India(University of North Bengal, 2019-09) Chengappa, M.P; Tekwani, VineetaThe philosophy of transformative constitutionalism is not a new one. The sources of these values can be traced back to the South African constitutional model. In reality, the philosophy that underpins this ideal of Transformative Constitutionalism can hardly be ascribed to or affiliated with anyone's constitutional document. It seeks to utilise constitutional guarantees as well as the constitutional machinery to transform the society it governs into a more progressive one – to make it more inclusive in every regard, and egalitarian in its outlook. This is sought to be done largely through the pursuit of what scholar’s term as “substantive equality,” which pursuit practically manifests itself through the enforcement of socio-economic rights – especially those protecting the interests of the minorities – as well as through affirmative action measures. This paper seeks to establish a deep understanding of how the concept of Transformative Constitutionalism has evolved. Further, this paper aims at is not merely a general understanding of Transformative Constitutionalism and the roles it would set out for the Legislature as well as the Judiciary if truly inculcated in Indian Constitutionalism, but also a specific study at how this ideal is currently being used, as well as how it might be used in the future, to shape the debate on gender-identity and gender-equality issues in India especially with reference to sexual minorities in India.