India's Undeclared Emergency: Constitutionalism and the Politics of Resistance


Book Description

About the Book A SHARP AND NECESSARY ANALYSIS OF THE NATURE OF THE CONSTITUTIONAL CRISIS INDIA FACES TODAY In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase ‘undeclared emergency’ gathers currency as citizens and analysts struggle to define the nature of India’s present crisis. In Undeclared Emergency, Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency—a systematic attack on the rule of law that hits at the foundation of a democracy, its Constitution. This clear-eyed legal analysis of its implications also documents an ongoing history of constitutional subversion, one that predates the Narendra Modi-led NDA government—a lineage of curtailed freedoms, censorship, preventive detention laws and diluted executive accountability. Is history repeating itself then? Not quite. This book is an account of an inaugural era in Indian history. Narrain shows that the Modi government, unlike the Congress government of 1975, draws on popular support and this raises the dangerous possibility that today’s authoritarian regime could become tomorrow’s totalitarian state. A lament, Undeclared Emergency is also a war cry. It charts an alternative inheritance of resistance, acts big and small from the Emergency of 1975, the current day and times long gone. Dissent, Narrain says, is an Indian tradition. The Second Coming is at hand, and Narrain reckons that we have a responsibility to determine what it will look like.




India's Undeclared Emergency


Book Description




Genres of Emergency


Book Description

Genres of Emergency offers literary genre as a way to understand and negotiate the varied states of emergency and crisis that have become a fixture of our contemporary world. Building on a critical study of the literature written during and about the State of Emergency declared by Prime Minister Indira Gandhi in India (1975 - 1977), the study establishes emergency and its genres as an important interpretative site: an exceptionally violent episode marked as a one-off crisis, which also functions as a locus for an ongoing renegotiation of a modern polity and culture. Reading a wide-ranging archive of English-language texts - from prison memoir to popular magazine, from high-brow literary fiction to boilerplate thriller, from the unrelentingly realistic to the mythically allegorical - Genres of Emergency traces the tension between crisis and continuity that these genres mediate. In addressing this tension, the authors of Emergency fiction take seriously the genres in which they write and use them to mobilize literary conventions as political interventions. More specifically, these novels use the conventions of realism, epic, allegory, and the thriller to reach back in time and across cultures and languages, invoking past iterations of these genres and histories and anticipating those to come. Combining literary criticism with cultural history, Genres of Emergency thus has implications for the study of literary genre, for the historical events that these genres recount, and for understanding the politics of literary form.




Courts and Judicial Activism under Crisis Conditions


Book Description

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.




Of Captivity and Resistance


Book Description

An intervention in the field of dissenting writings by women political detainees in India in the 1970s, and it straddles three interlinked areas: politics, prison and writing. It focuses on writings arising out of Bengal's Naxalite movement (1967–1975) and from the pan-Indian period of Emergency (1975–1977).




To Kill A Democracy


Book Description

India is heralded as the world's largest democracy. Yet, there is now growing alarm about its democratic health. To Kill a Democracy gets to the heart of the matter. Combining poignant life stories with sharp scholarly insight, it rejects the belief that India was once a beacon of democracy but is now being ruined by the destructive forces of Modi-style populism. The book details the much deeper historical roots of the present-day assaults on civil liberties and democratic institutions. Democracy, the authors also argue, is much more than elections and the separation of powers. It is a whole way of life lived in dignity, and that is why they pay special attention to the decaying social foundations of Indian democracy. In compelling fashion, the book describes daily struggles for survival and explains how lived social injustices and unfreedoms rob Indian elections of their meaning, while at the same time feeding the decadence and iron-fisted rule of its governing institutions. Much more than a book about India, To Kill A Democracy argues that what is happening in the country is globally important, and not just because every third person living in a democracy is an Indian. It shows that when democracies rack and ruin their social foundations, they don't just kill off the spirit and substance of democracy. They lay the foundations for despotism.




Understanding Modern Nigeria


Book Description

An introduction to the politics and society of post-colonial Nigeria, highlighting the key themes of ethnicity, democracy, and development.




Banaras


Book Description

Despite the clear danger of the rise of totalitarianism in today, this book’s aim is to look forward to the moment when democracy will be renewed in the country and ask what lessons can be learnt from past experience to anchor it more firmly when the opportunity arises. It is generally assumed that Indian democracy has had an unbroken run since Independence, with the brief disruption of the 1975–77 Emergency. While those two years saw a stark assault on democratic institutions, Indian democracy had been repeatedly punctured prior to the Emergency, and it has been threatened many times since. The country underwent almost four decades of democracy decay after the founding years of the republic, as compared to the three relatively short-lived waves of democracy renewal. That fact makes an examination of these three waves rather significant.




Constitutionally Conforming Interpretation – Comparative Perspectives


Book Description

This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.




India Empowered


Book Description

Information Today . . . Empowers You To Demand Redressal, Better Governance And A Better Quality Of Life Shekhar Gupta, Editor-In-Chief, Indian Express Empowerment Is One Of The Chief Engines Driving Change In India Today. This Is Illustrated By The Remarkable Evolution Of Society From A Time When Journalism Of Courage Meant Exposing A Wrong And Moving On To The Next Story Without Much Hope Of Closure Or Justice, To The Present When An Exposé Can Result In Other Institutions From The Judiciary To Civil Society Organizations Joining In And Taking An Issue To Its Logical Conclusion. In January 2005, The Indian Express Reported That There Were No Tigers Left In Rajasthan S Sariska And Ranthambore Sanctuaries. Shortly After This, The Prime Minister Himself Stepped In With A Plan Of Action. The Newspaper Then Carried A Column Between August And December 2005 Titled India Empowered To Me Is& . The Column Saw What Is Undoubtedly The Most Impressive Array Of Contributors India S Role Models Sharing Their Thoughts, Ideas And Opinions On What Empowerment Meant In Diverse Situations, And How Individuals And Institutions Can Make A Difference. India Empowered: Change Agents Speak On An Idea Whose Time Has Come Brings Together The 126 Pieces Written For This Column Run By The Indian Express .The Contributors Range From A Wheelchair-Bound Former Fighter Pilot Arguing Passionately For The Disabled To President A.P.J. Abdul Kalam Who Recommends A Blueprint For Strengthening Our Villages. Leaders From The Political, Scientific,Cultural And Other Arenas Join In The Discussion With Their Suggestions For Some Achievable And Essential National Goals. This Is A Landmark Book, Embodying The Spirit Of The Nation And Its Hopes And Dreams Of A Future In Which Each Citizen Feels Truly Empowered.