Constitutionalizing India
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Author | : Bidyut Chakrabarty |
Publisher | : |
Total Pages | : 328 |
Release | : 2018-08-15 |
Genre | : |
ISBN | : 9780199487622 |
Contrary to the assumption that the 1950 Constitution of India is a verbatim reproduction of the 1935 Government of India Act, the book pursues the argument that it is an outcome of ideational battle since the beginning of institutionalized British rule in India in the mid-eighteenth century.Initiated by Edmund Burke, who while impeaching the British ruler of India, Warren Hastings, strongly argued, in a rather paternalistic fashion, for the colonizers to govern India in accordance with the enlightenment values. It was a beginning which was followed as a matter of principle by thesuccessive British administrations in India. The influence gradually became so well-entrenched that Indian nationalists were voluntarily drawn to the values that the Enlightenment Philosophy had transmitted while administering India. It was evident in the ideas of the moderate extremistnationalists, which were also imbibed by Mahatma Gandhi and B.R. Ambedkar when they articulated their vision for an independent India.
Author | : Bidyut Chakrabarty |
Publisher | : Routledge |
Total Pages | : 232 |
Release | : 2018-01-12 |
Genre | : Social Science |
ISBN | : 135137530X |
Constitutional democracy is both a structure of governance and a way of providing an ideological perspective on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be understood without comprehending the politico-ideological processes that consolidated simultaneously both colonialism and constitutional liberalism. This book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed doctrine. A careful study of the processes reveals that the 1950 Constitution was the culmination of an ideational battle that had begun with the consolidation of the British Enlightenment philosophy in the early days of British paramountcy in India. The book therefore argues that constitutionalizing endeavour in India had a clear imprint of ideas which had its root in this philosophy. The study reveals a striking continuity of the same kind of ideological sentiments when the nationalists devised their own constitutionalizing design, visible in the 1928 Motilal Nehru report and which reappeared in the 1945 Sapru Committee report. Deviating from the conventional study of constitutional evolution of a polity, which is generally legalistic, this book explores the processes since the beginning of colonial rule in India which led to the conceptualization of constitutional democracy in a milieu engaging with arguments formulated by James and JS Mill. A detailed analysis of the roots of constitutional and political liberalism in India, this book sheds light on the material surrounding India’s constitutional development. It will be of interest to scholars in the field of Indian Political Theory, South Asian Politics and History.
Author | : Bidyut Chakrabarty |
Publisher | : Routledge |
Total Pages | : 370 |
Release | : 2019-03-04 |
Genre | : Social Science |
ISBN | : 0429016522 |
An analysis of selective aspects of India’s constitutional identity, this book provides an analytical account of the changing and changed texture of India’s constitutional identity bearing in mind the historical context in which it is articulated. The book conceptualizes the gradual evolution of an idea by tracing the history of India’s constitutionalism with reference to its conceptual roots, historical antecedents and the landmark judicial pronouncements in which the concern for its retention and protection is always privileged. The author examines specific constitutional designs that the 1950 Constitution of India put in place and argues that constitutional identity, despite being drawn on specific constitutional provisions, is also changeable in view of the rapidly transforming socio-economic milieu. He demonstrates that there are numerous instances where India’s constitutional identity has undergone a metamorphosis in circumstances where newer politico-ideological values and norms are privileged. A valuable addition to the literature on constitutionalism and constitutional practices in general and their manifestation in India's democratic experiences, in particular, this book will be of interest to academics in the fields of Government, Political Science, Law and Jurisprudence, Constitutional and Legal History and Asian Studies.
Author | : Zoya Hasan |
Publisher | : Anthem Press |
Total Pages | : 242 |
Release | : 2005 |
Genre | : Law |
ISBN | : 1843311372 |
India became independent in 1947 and, after nearly three years of debate in the Constituent Assembly, adopted a Constitution that came into effect on 26 January 1950. This Constitution has lasted until the present, with its basic structure unaltered, a remarkable achievement given that the generally accepted prerequisites for democratic stability did not exist, and do not exist even today. Half a century of constitutional democracy is something that political scientists and legal scholars need to analyze and explain. This volume examines the career of constitutional-political ideas (implicitly of Western origin) in the text of the Indian Constitution or implicit within it, as well as in actual political practice in the country over the past half-century.
Author | : Miodrag A. Jovanović |
Publisher | : Eleven International Publishing |
Total Pages | : 257 |
Release | : 2007 |
Genre | : Federal government |
ISBN | : 9077596275 |
This book is a thorough and professional study about secession. Starting from the perspective of contemporary political philosophy, the book explores the relevance of this issue for the theory and practice of federalism, as well as its status under current public international law, and concludes with a comparative constitutional analysis of the subject matter. In the final chapter, it provides a constitutionalized procedure of secession, based on fundamental liberal-democratic values. The book argues that a liberal-democratic response to the secession controversy might consist of the constitutionalization of a right to secession. While a number of recent works in political theory point to the fact that, under certain circumstances, the moral right of a group to secession should be recognized, only a few of them are ready to defend the institutionalization of that right through the instruments of constitutional law. This topical and thought-provoking book is a welcome contribution to the ongoing debate on secession and will be of interest to academics in a variety of disciplines, such as law, history, politics, international relations, philosophy and applied ethics, and to politicians and constitution-drafters.
Author | : Günter Frankenberg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 383 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 1781952116 |
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Author | : Bruce Ackerman |
Publisher | : Harvard University Press |
Total Pages | : 473 |
Release | : 2019-05-13 |
Genre | : Political Science |
ISBN | : 0674238842 |
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
Author | : PRAHALAD RAO |
Publisher | : Blue Rose Publishers |
Total Pages | : 668 |
Release | : 2022-12-12 |
Genre | : Political Science |
ISBN | : |
India is moving towards becoming an intelligent and industrious nation in the world but unmoving in its installing pillars, political stability and communal conflagration. Every citizen’s welfare is the only way to make the nation great. A nation is built not by one Faith but by all the Faiths together as an integral part of the Nation. On 15th August 2022, we celebrated 75th Year of our Independence that looked decorative than democratic. Former is showmanship and latter is workmanship. Nation’s wealth should make all the sectors healthy. The Constitution defines Constituents or Organs but not the Pillars or the making up the Gaps. The Gaps which our Constitution makers left open was to test the sensibility, prudence and wisdom of the generations to come. The Gaps have the strength to generate orderliness in the democracy. Their ignorance or indifference masked the working of democracy.
Author | : Mark S. Harding |
Publisher | : University of Toronto Press |
Total Pages | : 192 |
Release | : 2022 |
Genre | : Law |
ISBN | : 1487528485 |
Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.
Author | : Dr. Suresh Kumar Agarwal |
Publisher | : Academic Guru Publishing House |
Total Pages | : 225 |
Release | : 2023-07-26 |
Genre | : Study Aids |
ISBN | : 8119338723 |
The Indian Constitution is the country's primary and highest legislation. It outlines the basic structures of the Indian government, including its guiding principles, the laws that govern it, and the authorities it is vested with. The rights and responsibilities of its residents are spelled out in detail. It has the longest constitution in the world. Dr. B.R. Ambedkar, the committee's chairman and a primary architect of the Indian Constitution, penned the document's bulk. On December 9th, 1946, Constituent Assembly convened for the first time. On December 11, Dr. Rajendra Prasad was elected as the permanent chairman of "India's sovereign constituent assembly". The Indian Constitution gives constitutional primacy instead of parliamentary supremacy since it was formed by the Constituent Assembly and not the Parliament. In force since January 26, 1950, it was adopted by the "Indian Constituent Assembly" on November 26, 1949. After the "Government of India Act" of 1935 was replaced by the Indian Constitution, the Dominion of India became the Republic of India. The Indian Constitution's opening prologue is included. This introductory section of our Constitution serves as a compass for all Americans. Freedom, justice, and equality are promised to the people of India, who live under a secular, socialist, democratic government in this document. It was during the 1976 Emergency that the prologue was changed to incorporate the words "socialist" and "secular."