India's Communal Constitution


Book Description

This book speaks to debates in law, constitutionalism, and the making of political identity in modern India. It demonstrates the way the Constitution of independent India draws on and entrenches colonial and communal forms of identifying the Indian people. In turn this undermines the liberal aspirations of the Indian Constitution.




The Jurisprudence of Emergency


Book Description

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.




The Oxford History of Hinduism: Hindu Law


Book Description

Through pointed studies of important aspects and topics of dharma in Dharmaśāstra, this comprehensive collection shows that the history of Hinduism cannot be written without the history of Hindu law. Part One provides a concise overview of the literary genres in which Dharmasastra was written with attention to chronology and historical developments. This study divides the tradition into its two major historical periods--the origins and formation of the classical texts and the later genres of commentary and digest--in order to provide a thorough, but manageable overview of the textual bases of the tradition. Part Two presents descriptive and historical studies of all the major substantive topics of Dharmasastra. Each chapter offers readers with salest knowledge of the debates, transformations, and fluctcating importance of each topic. Indirectly, readers will also gain insight into the ethos or worldview of religious law in Hinduism, enabling them to get a feel for how dharma authors thought and why. Part Three contains brief studies of the impact and reception of Dharmasastra in other South Asian cultural and textual traditions. Finally, Part Four draws inspiration from "critical terms" in contemporary legal and religious studies to analyze Dharmasastra texts. Contributors offer interpretive views of Dharmasastra that start from hermeneutic and social concerns today.




Islam and Nationalism in India


Book Description

Islam in India, as elsewhere, continues to be seen as a remainder in its refusal to "conform" to national and international secular-modern norms. Such a general perception has also had a tremendous impact on the Muslims of the Indian subcontinent, who as individuals and communities have been shaped and transformed over centuries of socio-political and historical processes, by eroding their world-view and steadily erasing their life-worlds. This book traces the spectral presence of Islam across narratives to note that difference and diversity, demographic as well as cultural, can be espoused rather than excised or exorcized. Focusing on Malabar - home to the Mappila Muslim community in Kerala, South India - and drawing mostly on Malayalam sources, the author investigates the question of Islam from various angles by constituting an archive comprising popular, administrative, academic, and literary discourses. The author contends that an uncritical insistence on unity has led to a formation in which "minor" subjects embody an excess of identity, in contrast to the Hindu-citizen whose identity seemingly coincides with the national. This has led to Muslims being the source of a deep-seated anxiety for secular nationalism and the targets of a resurgent Hindutva in that they expose the fault-lines of a geographically and socio-culturally unified nation. An interdisciplinary study of Islam in India from the South Indian context, this book will be of interest to scholars of modern Indian history, political science, literary and cultural studies, and Islamic studies.




Between Anarchy and Society


Book Description

The international administration of troubled states - whether in Bosnia, Kosovo, or East Timor - has seen a return to the principle of trusteeship; that is when some form of international supervision is required in a particular territory in order both to maintain order and to foster the norms and practices of fair self-government. This innovative study rescues the normative discourse of trusteeship from the obscurity into which it has fallen since decolonization. It traces the development of trusteeship from its emergence out of debates concerning the misrule of the East India Company; its internationalization in imperial Africa; its institutionalization in the League of Nations mandates system, and, then, in the United Nations trusteeship system; and the destruction of its legitimacy by the ideas of self-determination and human equality. No other book brings this rich historical experience to bear on the dilemmas posed by the resurrection of trusteeship after the end of the Cold War. It is with a view to contemporary world problems that this book explores the obligations that attach to preponderant power and the limits that should be observed in exercising that power for the sake of global good. The book concludes by arguing that trusteeship remains fundamentally at odds with the ideas of human dignity and equality.




Law and Identity in Colonial South Asia


Book Description

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.




The Chaos of Empire


Book Description

From the moment in the 1680s that the East India Company began to trade with the Mughal rulers of the port cities of Surat, Madras, Bombay, Calcutta, and Chittagong, the story of the Indian subcontinent was changed forever. Before its dissolution in 1857, the officers of the East India Company had under their command more than a quarter of a million troops, and functioned not as a trading partner but a quasi-imperial government whose monopolistic habits and trade preferments included the tax on tea that led directly to the American Revolution. On its dissolution the Times reported: "It accomplished a work such as in the whole history of the human race no other company ever attempted and as such is ever likely to attempt in the years to come." This was meant as a compliment, but it concealed a much more brutal truth. From the famine of 1770 in which one third of the people living in the state of Bengal perished to the Anglo-Mughal wars and the later brutal repression of the Anglo-Afghan Wars, the story of the British in India was one of conflict and divide-and-rule, relentlessly applied from the relative security of the world’s most powerful naval vessels and the forts they supplied. Interspersed between the major wars were numerous minor conflicts, most lost to popular histories, which underscore the continual violence of the imperial project. In The Chaos of Empire, Jon Wilson uses the everyday lives of administrators, soldiers and subjects, British and Indian, to lift the veil of empire to show how British rule really worked. Far from the orderly Raj that its officials sought to portray, British rule in conquered India was chaotic and paranoid, and led to a succession of unstable states in South Asia and across the world. Most importantly, empire in India created a huge gap between image and reality, enabling a small number of people--a social and political elite--to project power across the world. Among its legacies were continual cycles of hubristic state enterprise followed by massive failure--up to and including the neo-imperial adventures in Afghanistan and Iraq now. Long after the end of empire, The Chaos of Empire argues that we still try to live by the myths created by the Raj. At a time when Prime Minister Narendra Modi is arguing that Britain should pay restitution for the damage done to the Indian subcontinent under British rule, this comprehensive, dynamic, and fierce history of Britain’s rule is timely, provocative, and immensely readable.




India in the Shadows of Empire


Book Description

This book explains the postcolonial Indian polity by presenting an alternative historical narrative of the British Empire in India and India's struggle for independence. It pursues this narrative along two major trajectories. On the one hand, it focuses on the role of imperial judicial institutions and practices in the making of both the British Empire and the anti-colonial movement under the Congress, with the lawyer as political leader. On the other hand, it offers a novel interpretation of Gandhi's non-violent resistance movement as being different from the Congress. It shows that the Gandhian movement, as the most powerful force largely responsible for India's independence, was anchored not in western discourses of political and legislative freedom but rather in Indic traditions of renunciative freedom, with the renouncer as leader. This volume offers a comprehensive and new reinterpretation of the Indian Constitution in the light of this historical narrative. The book contends that the British colonial idea of justice and the Gandhian ethos of resistance have been the two competing and conflicting driving forces that have determined the nature and evolution of the Indian polity after independence.




Federalism in Asia


Book Description

This comprehensive book critically analyzes the successes and failures of federalism in India, Pakistan, Malaysia, Nepal and Myanmar for the political accommodation of ethno-regional diversity and assesses their comparative democratic significance for other countries in Asia. This revised new edition incorporates updated demographic, religious and linguistic data for the case study countries and examines some of the major changes that have taken place in formally federal states since 2010, including the 18th Amendment of the Constitution in Pakistan in 2010, which gave a major turn to decentralization by empowering the provinces; the new federal democratic Constitution that was introduced in Nepal in 2015; and the abolition of the Planning Commission and the National Development Council in India. The author thematically examines the growing tensions between nation and state-building in ethnically plural societies; modes of federation-building in Asia; persistent ethnic tensions in federations and the relationship between federalism and democracy; and federalism and decentralization. The book will be of use to advanced undergraduate and postgraduate students of Asian politics, comparative federalism and modern Asian political history and institutions, as well as policy makers on ethnic conflict regulation and peace studies and stakeholders in ethnic power-sharing and political order.