Between Babasaheb and Mahatma


Book Description

This book is a critical comparative study of Jotirao Phule and Bhimrao Ramji Ambedkar, modern India's two most prominent dalit leaders. Although they were not close contemporaries, they came to construct a firm structure of not only dalit ideology, but also dalit methodology to emancipate the oppressed and depressed sections of society. The book deals with their ideas in a new light highlighting aspects of convergence and contrast in their respective approach to philosophy, religion, society, and culture. It argues that deep down in his philosophic orientation, Phule was quintessentially closer to Gandhi than to Ambedkar. The author also contends that the usage of the term dalit exclusively in the caste-communitarian sense is essentially a product of post-independence political appropriation rather than social evolution. The book specifically brings to light the dynamics of humanism and nationalism on the one hand and that of communitarianism on the other in the context of twentieth-century colonial India. Notably, Gandhi is brought in the narrative to complete the triumvirate. Comprehensive and deeply grounded in primary research, this thought-provoking book will be indispensable for students and researchers of modern Indian history, sociology, political science, political thought, exclusion studies, dalit and subaltern studies, and South Asian studies. It will also appeal to those interested in the writings of Ambedkar and Phule.




The Informal Constitution


Book Description

Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.




The Constitutional Canvas: India's Foundational Brushstrokes


Book Description

"The Constitutional Canvas: India's Foundational Brushstrokes" - a captivating book that delves into the intricate world of constitutional law, authored by Dhanraj Garwa. This thought-provoking masterpiece offers a comprehensive exploration of the basic structure doctrine of the Indian Constitution. As a second-year law student, Dhanraj Garwa brings a fresh perspective to the table, combining academic rigor with a deep passion for constitutional law. With an impressive grasp of the subject matter, Garwa skillfully paints a vivid picture of India's constitutional landscape, highlighting its foundational principles and the key role they play in shaping the nation's governance.




The Oxford Handbook of the Indian Constitution


Book Description

As the first major post-colonial constitution, the Indian Constitution holds particular importance for the study of constitutional law and constitutions. Providing a thorough historical and political grounding, this Handbook examines key debates and developments in Indian constitutionalism and creates a framework for further study.




India's Living Constitution


Book Description

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.




Law and Social Policy in the Global South


Book Description

The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.




Founding Mothers of the Indian Republic


Book Description

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.