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FIDIC Contracts in Asia Pacific - A Practical Guide to Application


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CHAPTER 10

Applying FIDIC contracts in India

Dr Donald Charrett practises in construction law as an arbitrator, mediator, dispute board member and expert. Prior to becoming a lawyer, he worked as a consulting engineer for over 30 years. He has published widely on legal and engineering subjects, including as the author/joint author/editor of five books on construction law.

10.1

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Outline of the legal environment in India

10.1.1 The constitutional structure of India

The Constitution of India lays foundation to the new Indian renaissance. It is an elaborate written grund norm comprising of 441 articles and 12 Schedules,1 which act(s) as the fundamental law of the land. The conscience of the Constitution of India speaks through its preamble,2 and its subtleties are defined in Article 38.3 The preamble is a solemn resolution by the people of India to create a sovereign, socialist, secular, democratic republic, and to secure certain indispensable rights to all its citizens.

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