Isabella Carter
When citing the Constitution of India in OSCOLA, it is recommended to follow the OSCOLA style guide for legislation. This involves treating the constitution as a law, as it is, and following the set pattern of footnoting formulated by the Indian Law Institute, which is used in The Journal of Indian Law Institute, Annual Survey of Indian Law, and other publications.
| Characteristics | Values |
|---|---|
| Style | Legislation |
| Format | Country, Constitution, Article, Section |
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What You'll Learn
Citing the Indian Constitution in OSCOLA
When citing the Indian Constitution in OSCOLA, it is essential to adhere to the prescribed format consistently. OSCOLA (Oxford Standard for Citation of Legal Authorities) is a widely recognised citation style used in legal writing, ensuring clarity and uniformity in referencing legal sources. Here is a comprehensive guide specifically for citing the Indian Constitution in OSCOLA.
Understanding the Basic Structure
The Indian Constitution, like other constitutions, should be cited similarly to legislation. This means that the fundamental structure of your citation will follow the standard format for legislation in OSCOLA. While there may be slight variations in style guides, the core elements remain consistent.
Citing the Entire Constitution
When referring to the Indian Constitution as a whole, the citation format is straightforward. You would typically cite it as "Constitution of India." The year of promulgation, 1949, is generally not included unless specifically required by the citation style or for contextual clarity.
Referencing Specific Articles or Parts
To cite a specific article or part of the Indian Constitution, simply add the relevant article or part number to the citation. For example, when referencing Article 14 of the Indian Constitution, the citation would appear as "Constitution of India, Article 14." If you need to cite a specific part of an article, include the relevant section or clause number, such as "Constitution of India, Article 14(1)."
Consistency and Adherence to Guidelines
It is crucial to maintain consistency in your citations by following the OSCOLA style guide's prescribed format. The Institute associated with OSCOLA has formulated a set pattern of footnoting, which is employed in renowned legal publications and journals. Contributors to these publications are required to adhere strictly to this pattern. Therefore, when citing the Indian Constitution, treat it as you would any other legislation, adapting the format to the specific article, part, or section you are referencing.
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OSCOLA style guide for legislation
The OSCOLA referencing style is used by law students and legal professionals to cite legislation, cases, and other legal sources. Here is a detailed guide on how to use OSCOLA for legislation, specifically for citing the Constitution of India.
Citing the Constitution of India in OSCOLA
When citing the Constitution of India in OSCOLA, you would typically refer to a specific article or part within the Constitution. Here is an example of how to cite Article 14 of the Constitution of India, which guarantees equality before the law:
In-Text Citation
The first time you cite Article 14 of the Constitution of India, provide an in-text citation with the full title and the year it came into force:
"Article 14 of the Constitution of India, 1950 guarantees equality before the law to all citizens."
In subsequent citations, you can abbreviate and simply refer to "Article 14." If you are citing a specific part of Article 14, use the following format:
"As provided under Article 14(1) of the Constitution, the State shall not deny equality before the law."
Bibliography Entry
In your bibliography, list the legislation separately and order them alphabetically. Here is how the entry would appear:
Constitution of India, 1950
General Guidelines for Citing Legislation in OSCOLA
- Always refer to the year the Act was passed, not the year it came into force, unless they are the same.
- Use the short title of the Act and refer to specific sections or subsections. For example, "Section 4(2) of the Human Rights Act 1998."
- You can use "s" to abbreviate "Section" in the middle of a sentence: "The above provision is stated in s 4(2) of the Act."
- If you are citing multiple consecutive sections, use "ss" followed by a hyphen: "The Act provides exceptions in ss 6-9."
- You do not need to footnote an Act if you make it identifiable in the text.
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Footnoting in OSCOLA
OSCOLA (Oxford University Standard for Citation of Legal Authorities) was developed by Oxford University in 2000 for use within the university. It is now the industry standard for referencing legal materials and is used by many UK and international law schools, as well as legal journals and publishers. OSCOLA is a footnote referencing system that encourages consistency and helps the reader find information easily and quickly.
Footnotes in OSCOLA
When you refer to a source in your text, place a footnote marker (a superscript number) at the end of the relevant sentence or clause. If you have several references close together, you can place the number at the end of the relevant phrase or word. The footnote marker corresponds to a full reference to the source at the bottom of the page. Footnotes should be brief and identify the source, not provide additional information. There should be a full stop at the end of each footnote.
If you are referring to a publication for the first time, provide a full reference to the source at the foot of the page. Any subsequent mentions of the same source can then be provided in note form. If there is more than one source cited within a single footnote, separate them with a semi-colon.
Your footnotes should be numbered continuously throughout your document, starting at 1. You don't always need a footnote for legislation if you have provided sufficient information about it within the text.
- Section in an act: Shipping and Trading Interests (Protection) Act 1995, s 4
- Paragraph number in a case: Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42]
- Page within a case: R v Leeds Country Court, ex p Morris [1990] QB 523 (QB) 530
- Page in a book: Jonathan Herring, Medical Law and Ethics (4th edn, Oxford University Press 2012) 146
- Page in an article: JAG Griffith, 'The Common Law and the Political Constitution' (2001) 117 LQR 42, 64
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Journal of Indian Law Institute
The Journal of Indian Law Institute adheres to a set pattern of footnoting formulated by the Indian Law Institute. This pattern is also followed by the Annual Survey of Indian Law and other publications of the Institute.
Although the OSCOLA style guide does not give specific guidance for citing a constitution, it is suggested that constitutions be cited using the same form as laws. Therefore, the citation for the Constitution of India would follow the OSCOLA style guide for legislation.
"The Constitution of India (as amended), Article [X], Section [Y]."
For example, if you were citing Article 15, Section 3 of the Constitution of India, the citation would look like this:
"The Constitution of India (as amended), Article 15, Section 3."
Remember to include a footnote with the full citation the first time you refer to the Constitution of India, and you can use the abbreviated form in subsequent footnotes.
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OSCOLA citation style
The Oxford University Standard for the Citation of Legal Authorities (OSCOLA) is a style of referencing used by law students and academics. OSCOLA places citations as footnotes, which are marked in the text with footnote numbers. For example: "The judge referred to the precedent established by Caulfield v Baldwin.^1"
The footnote appears whenever you quote from, paraphrase or refer to a source in your text. The footnote number appears at the end of the relevant sentence or clause and is displayed in superscript. These footnotes contain full information on the source cited. The format in which this information is presented varies according to the type of source.
To save space in citations, abbreviations are used for the names of various publications and legal bodies. For example, 'UKSC' is used for the United Kingdom Supreme Court, and 'Cr App R' refers to the Criminal Appeal Reports. A full list of these abbreviations can be found online.
In OSCOLA, referring to a specific page number within a source is called 'pinpointing'. To do this, simply include a page number at the end of your reference, in addition to any page numbers already included. For example: "Davis v Dignam [1999] 10 AC 515, 519". Where available, paragraph numbers should be used instead of page numbers. Paragraph numbers appear in square brackets and can be used for pinpointing in the same way as page numbers.
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Frequently asked questions
The OSCOLA style guide for legislation should be followed when citing the Constitution of India.
The OSCOLA style guide for legislation dictates that citations of a country's constitution should follow the format: [Country] Constitution, Article [X], Section [Y].
The complete OSCOLA guide can be found on the website of the Indian Law Institute, which also provides a set pattern of footnoting that is followed in its Journal and Annual Survey of Indian Law.
