Papers by KULWINDER S I N G H GILL
CASIHR Journal on Human Rights Practice, 2021
Dignity, liberty, and equality are fundamental guarantees which are enumerated in each constituti... more Dignity, liberty, and equality are fundamental guarantees which are enumerated in each constitution of around the globe and are basis of other human rights, underlying human existence. The Constitution of India, which is a living and organic document, starts its preamble with ―we the people of India‖, and establishes goals to achieve such as, ―justice, liberty, equality, and dignity of an individual. These goals have further been incorporated in Parts III and IV in the form of Fundamental Rights and Directive Principles of State Policy, respectively. Rights enshrined in the constitution are not absolute, having some restrictions required to be balanced between an individual and the society. The constitution is a document of a country that establishes various organs, their powers, and inter-relationship between them and how those powers should be exercised. Apart from that, it contains fundamental rights and liberties of an individual. Constitutional law contains both ―legal and non-legal norms‖ which are enforceable by the courts of law when violation occurs. Constitutionalism is another term which is the need of the hour. A country may have constitution not but necessarily constitutionalism. Constitutionalism means it works as check on unrestrained powers of various organs, such as legislature, judiciary, and executive. A written constitution, independent judiciary, power of judicial review, judicial activism, rule of law, and separation of powers are essential facets of constitutionalism. But when we talk about constitutionalism in context of inherent rights, these somewhere include the meaning of constituting or constructing on the basis of written provisions and applying these in modern times. Fundamental rights are quintessential for human survival, and without invoking directive principles of state policy which are socio-economic rights, former become somewhat redundant. So far as fundamental rights are concerned, the rule of law is very essential to foster equality, enable Indian citizens to enjoy their liberty and live dignified life. The Indian society is a caste-ridden society where inequalities are ingrained and hierarchal structure has subjugated the vulnerable communities and stigmatized them. The constitution of India is a living and organic document, which changes with time and judiciary is playing a very significant role in its pragmatic interpretation and accommodating all changing social norms. This paper analyses the living constitution theory and inherent rights in India, and that how far constitutional courts are interpreting the constitution as a living document keeping in mind the intent of drafters as well as accommodating changing social needs in such a diverse society.
Vidhinama Law Journal , 2023
Bicameral system is very significant for a country especially democratic and well-functioning of ... more Bicameral system is very significant for a country especially democratic and well-functioning of a government to check upon the arbitrary system of the Government which may be because of unicameral system. This paper delves into the study of origin of bicameral system around the globe and in India. The paper analyses how bicameralism came into existence and how far philosophical foundations have impact on the current bicameral system existing around the globe. Bicameral system is most appropriate for the parliamentary form of government which history had proved that unicameral system could not create a fair and balanced government. The paper argues the ideas of various philosophers especially the doctrine of separation of powers propounded by Montesquieu and its relevance in today's bicameral system.
NUSRL Journal of Human Rights, 2020
Indigenous identity is constructed from their culture, traditions and particular way of life whic... more Indigenous identity is constructed from their culture, traditions and particular way of life which makes them different from the mainstream. Due to their minority status and distinct way of life they have
always been discriminated and excluded from fully enjoy their rights by the mainstream and the State where they live.
International human rights law has made reference to cultural rights but neglected category of human rights. Denial of cultural rights to indigenous peoples, in present day, is said to be most persistent form of
discrimination. Though in the last decades there is great shift in human rights of indigenous peoples but cultural rights are least understood category which is basis of their identity.
Rights of indigenous communities
have been threatened by infringements and assimilative practices, especially from the colonial period are destructive for their existence. Examples of infringement can be found as imposition of “cultural hegemony” dates back to colonial times. Indigenous communities were outnumbered by colonist attacks. Edwards said correctly pointed out that “all the colonial assimilative schemes started with assumption of native
backwardness and general inadequacy to be an independent, equal and fit”.
They justified their attacks and seizure of land and resources, discriminatory policies against indigenous communities were based on Darwanian Theory of evolution according to which stronger always roots out weaker
IMMIGRATION, CITIZENSHIP AND INDIAN LAWS: DOMESTIC & INTERNATIONAL PROSPECTIVE, Satym International Law, 2021
Citizenship represents the relationship between citizens and the state. It also contains rights a... more Citizenship represents the relationship between citizens and the state. It also contains rights and obligations of both and significantly deals with the politics of inclusion and exclusion. Globalization has become a challenge to social and political theory of citizenship, and also poses challenges for welfare state. India is socialist democratic country, and basically a caste ridden society where class differences are very prominent. Poverty, hunger, malnutrition and labour exploitation occur due to inequality in status. The Principle of equality of status has been enshrined in the preamble and signified in fundamental rights. So far as social citizenship rights are concerned, conferred in Part IV of the Constitution, non-justifiable but Judicial system has striving to foster social equality by interpreting fundamental rights and directive principles to enforce constitutional goals of equality, dignity and fraternity. Socialism is very significant to eliminate social inequality, poverty, and labour exploitation. Implementation of directive principles of state policy is necessary to do away to bring social justice to its citizens and equality of status to all its citizens.
International Journal of Law and Policy Review, 2016
The present paper deals with the use of nuclear weapons and environmental protection. The paper i... more The present paper deals with the use of nuclear weapons and environmental protection. The paper introduces the problems or environmental hazardous which are coming out of use of nuclear weapons and what are the impacts on human beings due to environmental degradation. How the war destructed the environment over the years has been traced in the paper as well as how the nuclear technology revolutionised the means and methods of war which critically non-recoverable if used against the nature and their bad impacts. The present paper also speaks of what are the measures to regulate the war and protection of environment including various international conventions and treaties which are working in the areas like humanitarian law, international environmental law and peace treaties and to what an extent these treaties are able to protect the environment from the weapons of mass destruction.
The present paper deals with the use of nuclear weapons and environmental protection. The paper i... more The present paper deals with the use of nuclear weapons and environmental protection. The paper introduces the problems or environmental hazardous which are coming out of use of nuclear weapons and what are the impacts on human beings due to environmental degradation. How the war destructed the environment over the years has been traced in the paper as well as how the nuclear technology revolutionised the means and methods of war which critically non-recoverable if used against the nature and their bad impacts. The present paper also speaks of what are the measures to regulate the war and protection of environment including various international conventions and treaties which are working in the areas like humanitarian law, international environmental law and peace treaties and to what an extent these treaties are able to protect the environment from the weapons of mass destruction.
International Journal of Law and Policy Review, 2017
The jurisdictional problem of ocean mammals and fisheries is very grave and that needs to be reso... more The jurisdictional problem of ocean mammals and fisheries is very grave and that needs to be resolved for the protection marine environment and fisheries in high seas. The present paper deals with the problem of jurisdiction over ocean mammals and fisheries and its regulation and protection of marine environment. But the said paper is confined to the Geneva Convention on high seas 1958 that how these conventions are regulating the fisheries in high seas and marine mammals and its protection and the present state of regulating instruments. The author tries to resolve the conundrum exploring historical background of freedom of fisheries in high seas and then proceeds to Geneva conventions on high seas 1958 and elaborated with case laws decided by the international court of justice and other international tribunals.
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Papers by KULWINDER S I N G H GILL
always been discriminated and excluded from fully enjoy their rights by the mainstream and the State where they live.
International human rights law has made reference to cultural rights but neglected category of human rights. Denial of cultural rights to indigenous peoples, in present day, is said to be most persistent form of
discrimination. Though in the last decades there is great shift in human rights of indigenous peoples but cultural rights are least understood category which is basis of their identity.
Rights of indigenous communities
have been threatened by infringements and assimilative practices, especially from the colonial period are destructive for their existence. Examples of infringement can be found as imposition of “cultural hegemony” dates back to colonial times. Indigenous communities were outnumbered by colonist attacks. Edwards said correctly pointed out that “all the colonial assimilative schemes started with assumption of native
backwardness and general inadequacy to be an independent, equal and fit”.
They justified their attacks and seizure of land and resources, discriminatory policies against indigenous communities were based on Darwanian Theory of evolution according to which stronger always roots out weaker
always been discriminated and excluded from fully enjoy their rights by the mainstream and the State where they live.
International human rights law has made reference to cultural rights but neglected category of human rights. Denial of cultural rights to indigenous peoples, in present day, is said to be most persistent form of
discrimination. Though in the last decades there is great shift in human rights of indigenous peoples but cultural rights are least understood category which is basis of their identity.
Rights of indigenous communities
have been threatened by infringements and assimilative practices, especially from the colonial period are destructive for their existence. Examples of infringement can be found as imposition of “cultural hegemony” dates back to colonial times. Indigenous communities were outnumbered by colonist attacks. Edwards said correctly pointed out that “all the colonial assimilative schemes started with assumption of native
backwardness and general inadequacy to be an independent, equal and fit”.
They justified their attacks and seizure of land and resources, discriminatory policies against indigenous communities were based on Darwanian Theory of evolution according to which stronger always roots out weaker