The Indian Constitution


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Constitutional Precedents


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India’s Founding Moment


Book Description

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.




Reports of the Proceedings


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Includes regular annual and special meetings classed Ju 10.10/2:; a separate publication containing both meetings and the Annual report of the director of the Administrative Office of the United States Courts is issued annually, classed: Ju 10.1:




The Indian Constituent Assembly


Book Description

The essays in this volume propose a range of methodological perspectives from which these critical debates might be read. Adopting a multidisciplinary approach, they explore themes such as party politics, ideas of rights, including caste and minority rights, social justice and the philosophy of free speech.




The Failure of Popular Constitution Making in Turkey


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Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.




Debating Difference


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How can inequalities between groups be addressed, while at the same time sustaining common citizenship? Debating Difference offers a new approach to this key question for liberal democracies, demonstrating that argument and debate is crucial for reconciling the demands of group equality and civic unity. India offers a unique case of group-differentiated rights. Using landmark constitutional and legislative debates on minority rights and quotas, Rochana Bajpai develops a model for interpreting post-Independence group rights that hinges on the interplay between five principal normative concepts—secularism, democracy, social justice, national unity, and development. Tracing the shifting meanings of these values over time, this book demonstrates that liberal and democratic concepts are more sophisticated and widely shared in the Indian polity than is commonly believed. The author identifies the limits of Western-centric accounts of multiculturalism. She also establishes the significance of political rhetoric for explanations of policy shifts and political change.




Production of Postcolonial India and Pakistan


Book Description

This work seeks to examine the event and concurrent transition that the inauguration of India and Pakistan as ‘postcolonial’ states in August 1947 constituted and effectuated. Analysing India and Pakistan together in a parallel and mutually dependant reading, and utilizing primary data and archival materials, Svensson offers new insights into the current literature, seeking to conceptualise independence through partition and decolonisation in terms of novelty and as a ‘restarting of time’. Through his analysis, Svensson demonstrates the constitutive and inexorable entwinement of contingency and restoration, of openness and closure, in the establishment of the postcolonial state. It is maintained that those involved in instituting the new state in a moment devoid of fixity and foundation ‘anchor’ it in preceding beginnings. The work concludes with the proposition that the novelty should not only be regarded as contained in the moment of transition. It should also be seen as contained in the pledge, in the promise and the gesturing towards a future community. Distinct from most other studies on the partition and independence the book assumes the constitutive moment as the focal point, offering a new approach to the study of partition in British India, decolonisation and the institutional of the postcolonial state. This work will be of great interest to students and scholars of international relations, South Asian studies and political and postcolonial theory.