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    Constitutional Law II

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    Ayush Raj
    This document is a rough draft submitted by a law student analyzing the case of A.K. Roy v. Union of India regarding the National Security Ordinance of 1980. The draft includes an introduction providing background on the case, which challenged the validity of the ordinance and certain detention provisions. It then outlines the aims, hypotheses and methodology for the study. The tentative chapterization lists chapters that will discuss the procedural history of the case, scope of presidential ordinance-making power, effect of the 44th Constitutional Amendment Act, issues before the court, decision, and conclusion. Research sources will include primary documents like the Constitution as well as secondary sources like journals, websites and books.

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    © All Rights Reserved
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    Constitutional Law II

    Uploaded by

    Ayush Raj
    90 views4 pages
    This document is a rough draft submitted by a law student analyzing the case of A.K. Roy v. Union of India regarding the National Security Ordinance of 1980. The draft includes an introduction providing background on the case, which challenged the validity of the ordinance and certain detention provisions. It then outlines the aims, hypotheses and methodology for the study. The tentative chapterization lists chapters that will discuss the procedural history of the case, scope of presidential ordinance-making power, effect of the 44th Constitutional Amendment Act, issues before the court, decision, and conclusion. Research sources will include primary documents like the Constitution as well as secondary sources like journals, websites and books.

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    This document is a rough draft submitted by a law student analyzing the case of A.K. Roy v. Union of India regarding the National Security Ordinance of 1980. The draft includes an introduction providing background on the case, which challenged the validity of the ordinance and certain detention provisions. It then outlines the aims, hypotheses and methodology for the study. The tentative chapterization lists chapters that will discuss the procedural history of the case, scope of presidential ordinance-making power, effect of the 44th Constitutional Amendment Act, issues before the court, decision, and conclusion. Research sources will include primary documents like the Constitution as well as secondary sources like journals, websites and books.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    90 views4 pages

    Constitutional Law II

    Uploaded by

    Ayush Raj
    This document is a rough draft submitted by a law student analyzing the case of A.K. Roy v. Union of India regarding the National Security Ordinance of 1980. The draft includes an introduction providing background on the case, which challenged the validity of the ordinance and certain detention provisions. It then outlines the aims, hypotheses and methodology for the study. The tentative chapterization lists chapters that will discuss the procedural history of the case, scope of presidential ordinance-making power, effect of the 44th Constitutional Amendment Act, issues before the court, decision, and conclusion. Research sources will include primary documents like the Constitution as well as secondary sources like journals, websites and books.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    A CRITIQUE OF A.K. ROY V.

    UNION OF INDIA
    WITH REFERENCE TO ORDINACE

    ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF COURSE TITLED


    CONSTITUTIONAL LAW-II FOR COMPLETION OF BA.LLB. (HONS.) IN ACADEMIC YEAR
    2018-19

    Submitted by – Ayush Kumar Submitted to – Dr. Anirudh Prashad


    Roll no – 1522 Faculty of Constitutional Law-II
    6th semester, BA.LLB.(Hons.)

    05TH January 2019

    Chanakya National Law University


    Nyaya Nagar, Mithapur,
    Patna (Bihar)

    Page | 1
    TENTATIVE CHAPTERIZATION

    INTRODUCTION.................................................................................................................................4
    AIMS AND OBJECTIVE........................................................................Error! Bookmark not defined.
    HYPOTHESIS.........................................................................................Error! Bookmark not defined.
    LIMITATIONS OF THE STUDY...........................................................Error! Bookmark not defined.
    1. PROCEDURAL HISTORY OF A.K. ROY V. UOI...........................................................................6
    1.1 Ordinance making Power of the President .............................................................................7
    1.2 Brief Facts of the Case............................................................................................................9
    2. NATIONAL SECURITY ORDINACE, 1980..................................................................................11
    2.1 Scope and limitations...............................................................................................................11
    2.2 Effect of 44th constitutional amendment act............................................................................12
    3. ISSUE BEFORE THE COURT.......................................................................................................14
    4. DECISION ....................................................................................................................................16
    5. CONCLUSION …………………………………………………………………………………….16
    BIBLIOGRAPHY …………………………………………………………………………………….17

    Page | 2
    INTRODUCTION
    A. K. Roy, Etc. v/s Union of India and Another was decided on December 28, 1981, by a 5
    judge bench of the honorable Supreme Court of India. The petitioner in the present case is
    Shri AK Roy who is a Marxist member of the parliament, while the respondent is the Union
    of India. The Supreme Court was approached through Article 32 of the Indian Constitution
    whereby the validity of the National Security Ordinance, 1980, and certain provisions of the
    said ordinance are under-challenged.

    AIMS AND OBJECTIVES

    1. To find out the scope and limitations of ordinance making power of the President
    with reference to A.K. Roy v. Union of India
    2. To find out the effect of 44th constitutional amendment act on ordinance making
    power of the President

    HYPOTHESES

    1. Ordinance making power is a legislative power of the president and has same
    effect as that of an act passed by Parliament
    2. The National Security Ordinance which came into force on September 23, 1980,
    has undefined power of detention.

    RESEARCH METHODOLOGY

    The researcher has used doctrinal method of Research. Doctrinal method will include library
    sources.

    i.) Primary Source

     Constitution of India

    ii.) Secondary Sources

     Journals
     Websites
     Books

    Page | 3
    Page | 4

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