SOAS Research Online

Abstract

The present thesis is essentially a study of the law of extradition in the light of the Indian Constitution. It is a study of case law and of relevant statutory provisions on the subject not yet judicially considered. Cases on similar provisions decided by English, American, Australian, Canadian and Civil-law countries' courts have been considered. The early chapters of the thesis set the scene and establish the tone of the subject, which has unique features as a topic of law. Chapter I gives the details of the Constitutional aspects of the subject in general, including the powers of the legislature, judiciary and the executive. Chapter II gives the definition; general survey of the subject; historical background of the different extradition Acts in force in India; pre- and post-Constitution treaties, and the necessity of giving them the force of municipal law; the distinctions between extradition, deportation, expulsion, kidnapping and the right of asylum; special features of the Indian Extradition Act of 1962, and the improvements made in it compared with the earlier Extradition Acts and international practice and procedure. Chapter III deals with the procedure provided under Chapter II of the Extradition Act, 1962, with details of the jurisdiction of the magisterial and superior courts, and the Central Government's powers. Chapter IV deals with political offences and grounds of refusal for extradition. Chapter V deals with various topics on extradition with special reference to the relevant Articles of the Indian Constitution, with detailed Indian and foreign case law. Chapter VI deals with remedies available both to the fugitive offender and the requesting State, before the Superior Courts under the Indian Criminal Procedure Code and the Constitution, and before the Central Government. Chapter VII deals with practice and procedure of rendition within the Commonwealth, giving details of the differences in procedure under Chapters II and III of the Indian Extradition Act, 1962. Practice and procedure in International Law has also been considered. Suggestions have been made to amend further the present Act wherever necessary, and towards the framing of Rules under Section 36 of the Act.