Author: Charles Henry Alexandrowicz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 272

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Book Description

Author: Madhav Khosla
Publisher: Harvard University Press
ISBN: 0674980875
Category : Political Science
Languages : en
Pages : 241

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Book Description
An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.

Author: Rohit De
Publisher: Princeton University Press
ISBN: 0691210381
Category : History
Languages : en
Pages : 308

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Book Description
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Author: Sir Paramanhēri Sundaram Sivasvāmi Aiyar
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 410

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Book Description

Author: Arun K Thiruvengadam
Publisher: Bloomsbury Publishing
ISBN: 1849468702
Category : Law
Languages : en
Pages : 291

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Book Description
This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

Author: Francesco Biagi
Publisher: Cambridge University Press
ISBN: 1108489397
Category : Law
Languages : en
Pages : 261

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Book Description
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Author: Suchinta Bhattacharya
Publisher: Gyan Publishing House
ISBN: 9788178351865
Category : Law
Languages : en
Pages : 186

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Book Description
The present book is an inquiry and also research finding into the contemporary constitutional crisis in India. This will make one aware not only of the weakness of the present model of parliamentary system responsible for electoral corruption, defection and constitutional bargaining but also of the way that the presidential model will effectively plug the shortcomings and defects inherent in our system of governance.In short, the book is a study of the Indian Constitution in the proper historical perspective a study punctuated by a highly provocative and yet refreshing analysis.The author very earnestly pleads for the widening of our mental horizon and to think more in terms of national interest rather than petty party politics.

Author: Gautam Bhatia
Publisher: Harper Collins
ISBN: 9353026857
Category : Law
Languages : en
Pages : 544

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Book Description
| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

Author: Tej Bahdur Sapru
Publisher:
ISBN: 9781021175809
Category : History
Languages : en
Pages : 0

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Book Description

Author: A.G. Noorani
Publisher: OUP India
ISBN: 9780195658774
Category : Political Science
Languages : en
Pages : 372

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Book Description
This collection of articles, from leading Indian newspapers and periodicals, covers the politically tumultuous years between 1989 and 1999 and scrutinizes almost every constitutional problem that arose in this period.