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NOTES AND REFERENCES

1. Under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, passed by the Parliament after the 40th Constitutional Amendment Act, 1976.

2. The first provision was added by the 44th Amendment Act (1978). This amendment abolished the Fundamental Right to property and made it a legal right. The second provision was added by the 17th Amendment Act (1964).

3. Peninsular and Oriental Steam Navigation Company v. Secretary of State for India, (1861).

4. Kasturilal v. State of UP, (1965).

4a. N. Nagendra Rao & Co. v. State of Andhra Pradesh

(1994).

4b. Common Cause, Registered Society v. Union of India

(1999).

4c. J.N. Pandey, The Constitutional Law of India, 49th Edition, Central Law Agency, p. 682.

4d. State of A.P. v. Challa Ramkrishna Reddy (2000).

5. In Britain, the ministers are required to countersign the official acts of the crown and are held liable in the courts for those acts.

6. Criminal Procedure Code says-where a public servant who is not removable from his office save by or with the sanction of the Central or state government is accused of an offence, committed by him while acting or purporting to act in the discharge of his official duty, no court can take cognizance of such offence without the previous sanction of the Central government or the state government, as the case may be.