Indian Constitutional Documents Scholars Choice Edition
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Author | : Rohit De |
Publisher | : Princeton University Press |
Total Pages | : 308 |
Release | : 2020-08-04 |
Genre | : History |
ISBN | : 0691210381 |
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 | : Madhav Khosla |
Publisher | : Harvard University Press |
Total Pages | : 241 |
Release | : 2020-02-04 |
Genre | : Political Science |
ISBN | : 0674980875 |
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 | : Panchanandas Mukherji |
Publisher | : |
Total Pages | : 1126 |
Release | : 1918 |
Genre | : Constitutional history |
ISBN | : |
Author | : India |
Publisher | : |
Total Pages | : 204 |
Release | : 1918 |
Genre | : Constitutional history |
ISBN | : |
Author | : J Sai Deepak |
Publisher | : Bloomsbury Publishing |
Total Pages | : 492 |
Release | : 2021-08-15 |
Genre | : Political Science |
ISBN | : 9354350046 |
India, That Is Bharat, the first book of a comprehensive trilogy, explores the influence of European 'colonial consciousness' (or 'coloniality'), in particular its religious and racial roots, on Bharat as the successor state to the Indic civilisation and the origins of the Indian Constitution. It lays the foundation for its sequels by covering the period between the Age of Discovery, marked by Christopher Columbus' expedition in 1492, and the reshaping of Bharat through a British-made constitution-the Government of India Act of 1919. This includes international developments leading to the founding of the League of Nations by Western powers that tangibly impacted this journey. Further, this work also traces the origins of seemingly universal constructs such as 'toleration', 'secularism' and 'humanism' to Christian political theology. Their subsequent role in subverting the indigenous Indic consciousness through a secularised and universalised Reformation, that is, constitutionalism, is examined. It also puts forth the concept of Middle Eastern coloniality, which preceded its European variant and allies with it in the context of Bharat to advance their shared antipathy towards the Indic worldview. In order to liberate Bharat's distinctive indigeneity, 'decoloniality' is presented as a civilisational imperative in the spheres of nature, religion, culture, history, education, language and, crucially, in the realm of constitutionalism.
Author | : Rajeev Bhargava |
Publisher | : Oxford University Press, USA |
Total Pages | : 428 |
Release | : 2008 |
Genre | : Language Arts & Disciplines |
ISBN | : |
Much of the germinal work on the Indian Constitution has been done by legal experts and historians. The distinctiveness of this collection of essays is its focus on the Indian Constitution from the perspective of political theory. Contributors to this volume view the Constitution either as a political or as an ethical document, reflecting configurations of powr and interests or articulating a moral vision. Critically analysing the various aspects of the constitution, the essays discuss equality, freedom, citizenship, minority rights, democracy, rights, property and welfare.
Author | : Akhil Reed Amar |
Publisher | : Basic Books |
Total Pages | : 816 |
Release | : 2021-05-04 |
Genre | : Law |
ISBN | : 0465096360 |
A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
Author | : Akhil Reed Amar |
Publisher | : Random House |
Total Pages | : 672 |
Release | : 2012-02-29 |
Genre | : History |
ISBN | : 1588364879 |
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Author | : J. M. Balkin |
Publisher | : Harvard University Press |
Total Pages | : 305 |
Release | : 2011-05-09 |
Genre | : History |
ISBN | : 0674058747 |
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Author | : Achyut Chetan |
Publisher | : Cambridge University Press |
Total Pages | : 366 |
Release | : 2022-11-30 |
Genre | : History |
ISBN | : 1009032356 |
The book begins with the momentous task of demolishing the prejudices attached with the phrase 'founding fathers' that has held an immense sway over constitutional interpretation. It shows that women members of the Indian Constituent Assembly had painstakingly co-authored a Constitution that embodied a moral imagination developed by years of feminist politics. It traces the genealogies of several constitutional provisions to argue that, without the interventions of these women framers, the Constitution would hardly have a much poorer document of rights and statecraft that it is. Situating these interventions in the larger trajectory of Indian feminism in which they are rooted, in the nationalist discourse with which they perpetually negotiated, and in the larger human rights discourse of the 1940s, the book shows that the women members of the Indian Constituent Assembly were much more than the 'founding mothers' of a republic.