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Published online by Cambridge University Press: 27 February 2017
1 Amartya, Sen, The Argumentative Indian 14 (2005).Google Scholar
2 Id. at 12.
3 James, Heitzman & Robert, L. Worden, India: A Country Study 518-19, 557-58 (1995).Google Scholar
4 See Stephen Philip, Cohen, India: Emerging Power 37–40 (2001).Google Scholar
5 Heitzman & Worden, supra note 3, at 574 -76.
6 India Const. Arts. 12-35. The Constitution is available online (in Hindi and English) at <http://indiacode.nic.in/coiweb/welcome.html=.
7 Id. Art. 12 (defining the state to include the national, state, and local governments within India’s territory).
8 Id. Art. 13(l)-(2).
9 Id. Arts. 32(1), 226.
10 Notably, India has not strictly adhered to Article 51’s suggestion that it arbitrate international disputes. Anand, R. P., Jawaharal Nehru and International Law, 42 Indian J. Int’l L. 5, 16 (2002)Google Scholar (observing that “India has never been an enthusiastic supporter of arbitration or adjudication as a means for the settlement of its international disputes” and that the phrase was inserted into the Constitution based on a lack of understanding).
11 Chairman, Ry. Bd. v. Das, (2000) 2 SCC 465.
12 Id., para. 27.
13 Mun. Corp. of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224 (incorporating the principles of Article 11 of the Convention on the Elimination of Discrimination Against Women in interpreting a contract of service between the Municipal Corporation of Delhi and women employees (muster roll)).
14 Transmission Corp. of Andhra Pradesh v. Prabhakarb, (2004) 5 SCC 551 (citing Article 11(2) of the Universal Declaration and Article 7 of the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms). This case has been referred to a five-judge bench of the Supreme Court for reconsideration.
15 India Const. Art. 48A.
16 Id. An. 51(A)(g).
17 Antony, Anghie & Chimni, B. S., Third World Approaches to International Law and Individual Responsibility in Internal Conflicts, 2 Chinese J. Int’l L. 77, 81 (2003).Google Scholar
18 Id.