Shreya Joshi
Jindal Global Law School, Sonepat (Haryana) India

Apocrypha, as put by Desmond Manderson is not a school of study that requires any intellectual coherence or political agenda. This is one of the main reasons I chose to write on this area, and will be using the post-modern, or if I shall say, the apocryphal approach to do a critical reading of a case to see how the approach to law is motivated by certain concerns. This case is a primarily landmark judgments regarding the issue of custodial violence, and will be used as a pawn to see how the mighty court approaches the law, especially when it is directed to certain subjects. I will be using the first person narrative since a lot of these are my opinions, and secondly because I as an individual am not unique, and as a legal subject, am still a construct, with the closeness to law remaining a distant dream, and with the law presenting me with glaring reminders at every stage that it is much mightier and much more powerful than I am. The apocryphal needs a shared temperament and an imagination, both of which I believe I possess, and using these, I will undertake a reading of the case, Nilabati Behara v. State of Orissa, using the text Apocryphal Jurisprudence by Desmond Manderson as inspiration.

Read the full Manuscript

Posted by Suvid Chaturvedi in Number 4, Volume 3
An Analysis of Prof. Hart’s ‘The Concept of Law’

An Analysis of Prof. Hart’s ‘The Concept of Law’

Bagada Ram Rathore
National University of Study and Research in Law, Ranchi

The concept of Rule of Law means predominance of an ordinary law over each and every citizen, regardless of that citizen’s powers. The makers of the Indian Constitution incorporated the features of Rule of Law so that India is governed only by law and not by any ruler or by the nominated representatives of the people. The paper begins by providing the origin of the term and concept of Rule of Law. It shows how this concept was recognized in some countries in one or the other form. The paper majorly aims to discuss about the adoption of Rule of Law and its applicability in India. This includes discussion about various articles incorporated in the Constitution by the makers to secure certain basic features of the Rule of Law, a number of judgments delivered by the judges applying this concept and explaining its importance, including the case which is known to be a black mark on the Rule of Law. It also discusses about how despite various statutory safeguards and judgments, this concept is violated in India. The paper finally aims to answer whether the concept of Rule of Law is severely implemented and followed in India; whether the features given by A. V. Dicey are strictly incorporated; and whether the statutory safeguards and judgments are enough to secure Rule of Law in India. At last, it discusses about the relationship between democracy and Rule of Law.

 Download the full Paper

Posted by Suvid Chaturvedi in Vol. 2 Number 3, Volume 2, 0 comments