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Dr. J.N Barowalia (former Principal Secretary (Law)-cum-Legal Remembrancer)

CAREER PROFILE

 

2008-till date

Advocate, High Court of Himachal Pradesh & Supreme Court

2006-2008

Principal Secretary (Law) -cum- Legal Remembrancer to the Government of Himachal Pradesh, Shimla, India.

2003-2006

Principal Secretary to Hon’ble Chief Justice-cum-Registrar,            

 High Court of Himachal Pradesh, Shimla (India).

2002-2003

President, District Consumer Redressal Forum, Shimla (India).

1997-2002

District & Sessions Judge, in-charge of (a) Kullu & Lahaul Division (b) Una Division and (c) Kangra Division of  Himachal Pradesh (India).

1995-1997

Additional District & Sessions Judge - (a) Kangra Division and (b) Mandi Division of Himachal Pradesh (India).

1984-1994

Senior Sub Judge-cum-Chief Judicial Magistrate - (a) Lahaul & Spiti District, (b) Kangra District and (c) Mandi District of  Himachal Pradesh (India).

1976-1984

Sub Judge-cum-Judicial  Magistrate-cum-Rent Controller - (a)Una, (b)Shimla, (c) Theog, (d) Hamirpur and (e) Dehra courts in Himachal Pradesh (India).

 

BOOKS AUTHORED

 

·         Authored `Commentary on the Consumer Protection Act’ with foreword to fifth edition by Hon’ble Mr. Justice Ashok Bhan, President, National Consumer Disputes Redressal Commission and to the first edition by Hon’ble Mr.Justice A.M. Ahmadi, the then Chief Justice of India and introduction by Hon’ble Mr.Justice K. Jayachandra Reddy, the then Chairman, Law Commission of India; published by Universal Law Publishing Co. Pvt. Ltd, C-FF-1A, Dilkhush Industrial Estate, G.T. Karnal Road,  Delhi-110 033 (fifth edition – 2012: 1364  pages).

 

·         Authored `Commentary on the Narcotic Drugs and Psychotropic Substances Act’        with foreword to second edition by Hon’ble Mr. Justice R.M. Lodha, Judge, Supreme Court of India and foreword to first edition  by Hon’ble Mr.Justice R.S. Pathak, Former Chief Justice of India and Former Judge, International Court of Justice; published by Universal Law Publishing Co., Delhi (Second Edition – 2011: 1920 pages).

 

·         Authored `Commentary on the Right to Information Act’ with foreword by Hon’ble Mr. Justice K.G.Balakrishnan of Supreme Court of India and introduction by Hon’ble Mr. Justice C.K.Thakker of Supreme Court of India; published by Universal Law Publishing Co., Delhi (Third edition – 2012: 1166 pages).

 

·         Authored `Commentary on the Himachal Pradesh Land Revenue Act’; published by Minerva Publishers, Shimla (Fourth edition – 2012)

 

·         Authored `Commentary on the Himachal Pradesh Panchayati Raj Act’; published by Minerva Publishers, Shimla (First edition – 1988)

 

 

BOOKS UNDER PUBLICATION

 

·         ‘Commentary on The Domestic Violence Act’

·         ‘Press and the Law’

 

 

VISITING FACULTY

 

Regularly been invited at various prestigious institutions across the country -

 

  • S.V.P. National Police Academy, Hyderabad  since 1994
  • Lal Bahadur Shastri National Academy of Administration, Mussourie
  • National Judicial Academy, Bhopal
  • National Academy of Audit & Accounts, Shimla
  • Indira Gandhi National Forest Academy, Dehradun
  • Institute of Public Administration, Shimla
  • Chandigarh Judicial Academy, Chandigarh
  • Himachal Pradesh Judicial Academy, Shimla
  • National Law School of India University, Banglaore
  • Army School of Law, Chandigarh
  • UGC – Academic Staff College, Shimla

 

 

LECTURES DELIVERED

 

Delivered lectures in various national and state level seminars and workshops on various topics, such as:

  • The Right to Information Act;
  • Administrative and Service Laws;
  • The Consumer Protection Act;
  • The Land Revenue Act;
  • Drug Laws;
  • The management of Drug Abuse;
  • Drug abuse and AIDS;
  • The Protection of Women from Domestic Violence Act;
  • The Narcotic Drugs and Psychotropic Substances Act – investigation, prosecu tion,  mandatory and directory provisions;
  • The Role and Conduct of Presiding Officers;
  • How to write judgements;
  • Sentencing power of the Courts;
  • Alternative Dispute Redressal;
  • Exercise of quasi-judicial powers by forest officers;
  • Eviction proceedings under Public Premises Act;
  • Prevention and removal of encroachment on government land.

COMMENTS BY DIGNITARIES ON BOOKS AUTHORED

 

  • Hon’ble Mr. Justice R.S. Pathak, former Chief Justice of India and former Judge, International Court of Justice in his foreword to  the first edition of the book titled  `Commentary on the Narcotic Drugs & Psychotropic Substances Act’ has observed that  ‘J.N. Barowalia has demonstrated an authority over the law which makes his book a useful one for judges, lawyers and all those who have to deal with this legislation and that he represents that classical breed of judicial officers who are inclined to proceed beyond the limited confines of daily judicial work into the broadening experience of multi-dimensional intellectual activity’.

 

  • Hon’ble Mr. Justice A.M. Ahmadi, the then Chief Justice of India, in his foreword to the first edition of the book titled `Commentary  on the Consumer Protection Act’ has stated that ‘apart from dealing with the provisions of the Consumer Protection Act in an elaborate manner, the author (Dr. J.N. Barowalia) has not refrained from airing his views, based on extensive research, on issues relating to theoretical economics, principles of statutory interpretation, questions of Constitutional Law, provisions of related legislations etc…… The wide range of issues that have been considered, and the comprehensive manner in which case-law has been reviewed, bear testimony to the industry of the author’.

 

  • Hon’ble Mr. Justice K.G. Balakrishnan of Supreme Court of India, in his foreword to  book titled `Commentary on the Right to Information Act’ has observed that ‘aimed at easy comprehension and interpretation of the enactment, an earnest attempt has been made by Dr. J.N. Barowalia, in his book titled “Commentary on the Right to Information Act, 2005” to undertake an in-depth analysis of the different provisions of the enactment.  The learned author has elaboratory dealt with the various aspects of the Act by his deep knowledge. Having had the privilege of going through the contents of the book, I am happy to say that Dr. Barowalia has done a great  work, and indeed, a great service not only to legal fraternity but also to those responsible for the implementation of the enactment and the citizenry in general’.

 

  • Hon’ble Mr. Justice R.M. Lodha of Supreme Court of India, in his foreword to the second edition of the book titled ‘Commentary on the Narcotic Drugs and Psychotropic Substances Act’ has observed that ‘In addition to the latest decisions of the Supreme Court and High Courts, Dr. J. N. Barowalia has narrated the views articulated by him in the Conferences and Seminars. He propounded the theory of ‘Drug War” – a war being fought by our enemy country with the help of narcotic drugs or psychotropic substances on our land, with our men and our material – in a seminar held at Gauhati (Assam) in 1994. In his view, ‘drug addiction’ can be described as a state of psychological and physical dependence on drugs characterized by an overwhelming desire to continue the use of drug by obtaining it by any means and at all costs; a tendency to increase the dosage over a period of time, without considering detrimental effect of the drug addiction on the individual, society and the nation. Dr. Barowalia has discussed various aspects of the subject comprehensively, lucidly and intelligently. An in-depth analysis of topics like ‘importance of the Act’, ‘mandatory and directory provisions’, ‘drug abuse – causes, symptoms and cure’ portrays his insight into the myriad facets of the law on the subject. He deserves profusely the credit for bringing out useful and qualitative second edition on the law of narcotic drugs and psychotropic substances. I wish him all success.’

 

 

 

·         Hon’ble Mr. Justice V.R. Krishna Iyer, an eminent jurist, writer, philosopher, former  Judge, Supreme Court of India, in scholarly review of the first edition of book titled `Commentary on the Consumer Protection Act’, published in esteemed columns of ‘The Hindu’ (a national newspaper), has observed that ‘I must admit that Barowalia has done a great service to the Indian Community of Consumers by producing this enormous work of multi-dimensional erudition…… The Preamble itself has occupied 180 pages because all allied matters have been covered under that chapter.  Indeed, it sums up the whole scheme of the legislation and thus prepares the reader to penetrate the learning and meaning packed in the pages that follow.  Dealing with the “short title, extent, commencement and application” the author has spread his treatment over nearly 90 pages.  Prolixity is not necessarily a virtue but when scholarship finds expression in numerous pages the toil of reading through is rewarded.  All that I can say is that he has covered a vast area.  He has left scarcely anything connected with consumerism untouched; and touched none that he did not adorn and exhaust……… The various provisions of the Act have been thoroughly examined and the structure of the legislation has been set out with analytical success.  The fora of regulations of disputes and the formalities necessary for invoking the jurisdiction of the tribunals have been covered in the book.  There is no doubt that lawyers will find the book useful’.

 

 

·         Hon’ble Mr. Justice Ashok Bhan, former Judge, Supreme Court of India and now President National Consumer Disputes Redressal Commission, in his foreword to the fifth edition of the book titled ‘Commentary on the Consumer Protection Act’ has observed that ‘Dr. J.N. Barowalia, the author of the book, deserves appreciation for doing a thorough research to include in the book the landmark judgments rendered by the Apex Court and the National Commission on education, insurance, medical deficiency, railways, electricity, banking, airlines, housing, unfair trade practices etc. The book also contains the Consumer Protection Rules of all the Indian States, the Competition Act, 2002,  the U.K. Consumer Protection Act, 1987, List of States Commissions and District Fora and Names and Addresses of Voluntary Consumer Organizations. The book is worthwhile not only for a consumer but also for the Bench, Bar and students of law. I am sure that this edition like the previous editions will also be helpful to a great extent to the Judges, Advocates and the Consumer Activists. I wish the book all success.’

   

 

·         Hon’ble Mr. Justice K. Jayachandra Reddy, Former Judge, Supreme Court of India and the then Chairman, Law Commission of India, in his introduction to  book titled `Commentary on the Consumer Protection Act’ has opined that ‘J.N. Barowalia, is a renowned jurist, whose Commentary on the Narcotic Drugs & Psychotropic Substances Act is an authority on the subject and that he has got another significant achievement to his credit by bringing out excellent work on Consumer Protection Act which calls for admiration on account of sweep of its range, highest level of erudition and the industry and thoroughness characterizing it’.

 

 

·         Hon’ble Mr. Justice C.K. Thakker, Judge, Supreme Court of India, in his introduction to book titled `Commentary on the Right to Information Act’  has congratulated ‘Dr. J.N. Barowalia for rendering an excellent service to Indian citizens by bringing out the Right to Information Act in lucid language based on his extensive research and deep study of law and remarked that with arduous industry, dedication and devotion, the author has undertaken the work of distinction and held that Dr. Barowalia has been able to achieve the objective of academic writing i.e. formulating original ideas concerning various live and vexed issues in the field of right to information thereby stimulating the readers to analyze the provisions of the Act and utilize them in the larger interest of justice.’

 

HONOURS AND AWARDS

 

·         ‘National Integration Award as Crusader against Social Evils’ conferred by Himutkarsha.

 

·         Best Book on Narcotic Drugs Award’ conferred by National Drug Addiction Research Centre, Bombay, in the year 1993.

 

EDUCATIONAL BACKGROUND

 

1968

Bachelors Degree in Arts from Punjab University, Chandigarh, India securing First Position in the College

1974

Bachelors Degree in Law in First Division from Himachal Pradesh University, Shimla

1984

Masters Degree in Economics from Himachal Pradesh University, Shimla

2001

Doctorate in Philosophy (Ph.D.) in Economics from Himachal Pradesh University, Shimla.