Download or read book India s Constitutional Identity written by Bidyut Chakrabarty and published by Routledge. This book was released on 2019-03-04 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of selective aspects of India’s constitutional identity, this book provides an analytical account of the changing and changed texture of India’s constitutional identity bearing in mind the historical context in which it is articulated. The book conceptualizes the gradual evolution of an idea by tracing the history of India’s constitutionalism with reference to its conceptual roots, historical antecedents and the landmark judicial pronouncements in which the concern for its retention and protection is always privileged. The author examines specific constitutional designs that the 1950 Constitution of India put in place and argues that constitutional identity, despite being drawn on specific constitutional provisions, is also changeable in view of the rapidly transforming socio-economic milieu. He demonstrates that there are numerous instances where India’s constitutional identity has undergone a metamorphosis in circumstances where newer politico-ideological values and norms are privileged. A valuable addition to the literature on constitutionalism and constitutional practices in general and their manifestation in India's democratic experiences, in particular, this book will be of interest to academics in the fields of Government, Political Science, Law and Jurisprudence, Constitutional and Legal History and Asian Studies.

Download or read book Constitutional Democracy in India written by Bidyut Chakrabarty and published by Routledge. This book was released on 2018-01-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is both a structure of governance and a way of providing an ideological perspective on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be understood without comprehending the politico-ideological processes that consolidated simultaneously both colonialism and constitutional liberalism. This book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed doctrine. A careful study of the processes reveals that the 1950 Constitution was the culmination of an ideational battle that had begun with the consolidation of the British Enlightenment philosophy in the early days of British paramountcy in India. The book therefore argues that constitutionalizing endeavour in India had a clear imprint of ideas which had its root in this philosophy. The study reveals a striking continuity of the same kind of ideological sentiments when the nationalists devised their own constitutionalizing design, visible in the 1928 Motilal Nehru report and which reappeared in the 1945 Sapru Committee report. Deviating from the conventional study of constitutional evolution of a polity, which is generally legalistic, this book explores the processes since the beginning of colonial rule in India which led to the conceptualization of constitutional democracy in a milieu engaging with arguments formulated by James and JS Mill. A detailed analysis of the roots of constitutional and political liberalism in India, this book sheds light on the material surrounding India’s constitutional development. It will be of interest to scholars in the field of Indian Political Theory, South Asian Politics and History.

Download or read book Constitutionalizing India written by Bidyut Chakrabarty and published by . This book was released on 2018-08-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to the assumption that the 1950 Constitution of India is a verbatim reproduction of the 1935 Government of India Act, the book pursues the argument that it is an outcome of ideational battle since the beginning of institutionalized British rule in India in the mid-eighteenth century.Initiated by Edmund Burke, who while impeaching the British ruler of India, Warren Hastings, strongly argued, in a rather paternalistic fashion, for the colonizers to govern India in accordance with the enlightenment values. It was a beginning which was followed as a matter of principle by thesuccessive British administrations in India. The influence gradually became so well-entrenched that Indian nationalists were voluntarily drawn to the values that the Enlightenment Philosophy had transmitted while administering India. It was evident in the ideas of the moderate extremistnationalists, which were also imbibed by Mahatma Gandhi and B.R. Ambedkar when they articulated their vision for an independent India.

Download or read book India s Living Constitution written by Zoya Hasan and published by Anthem Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Constitutionalizing Secession in Federalized States written by Miodrag A. Jovanović and published by Eleven International Publishing. This book was released on 2007 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thorough and professional study about secession. Starting from the perspective of contemporary political philosophy, the book explores the relevance of this issue for the theory and practice of federalism, as well as its status under current public international law, and concludes with a comparative constitutional analysis of the subject matter. In the final chapter, it provides a constitutionalized procedure of secession, based on fundamental liberal-democratic values. The book argues that a liberal-democratic response to the secession controversy might consist of the constitutionalization of a right to secession. While a number of recent works in political theory point to the fact that, under certain circumstances, the moral right of a group to secession should be recognized, only a few of them are ready to defend the institutionalization of that right through the instruments of constitutional law. This topical and thought-provoking book is a welcome contribution to the ongoing debate on secession and will be of interest to academics in a variety of disciplines, such as law, history, politics, international relations, philosophy and applied ethics, and to politicians and constitution-drafters.

Download or read book India s Futuristic Democracy Threats of Constitutional Gaps and Digital Era written by PRAHALAD RAO and published by Blue Rose Publishers. This book was released on 2022-12-12 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: India is moving towards becoming an intelligent and industrious nation in the world but unmoving in its installing pillars, political stability and communal conflagration. Every citizen’s welfare is the only way to make the nation great. A nation is built not by one Faith but by all the Faiths together as an integral part of the Nation. On 15th August 2022, we celebrated 75th Year of our Independence that looked decorative than democratic. Former is showmanship and latter is workmanship. Nation’s wealth should make all the sectors healthy. The Constitution defines Constituents or Organs but not the Pillars or the making up the Gaps. The Gaps which our Constitution makers left open was to test the sensibility, prudence and wisdom of the generations to come. The Gaps have the strength to generate orderliness in the democracy. Their ignorance or indifference masked the working of democracy.

Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Download or read book Indian Constitutional Law written by Dr. Suresh Kumar Agarwal and published by Academic Guru Publishing House. This book was released on 2023-07-26 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Constitution is the country's primary and highest legislation. It outlines the basic structures of the Indian government, including its guiding principles, the laws that govern it, and the authorities it is vested with. The rights and responsibilities of its residents are spelled out in detail. It has the longest constitution in the world. Dr. B.R. Ambedkar, the committee's chairman and a primary architect of the Indian Constitution, penned the document's bulk. On December 9th, 1946, Constituent Assembly convened for the first time. On December 11, Dr. Rajendra Prasad was elected as the permanent chairman of "India's sovereign constituent assembly". The Indian Constitution gives constitutional primacy instead of parliamentary supremacy since it was formed by the Constituent Assembly and not the Parliament. In force since January 26, 1950, it was adopted by the "Indian Constituent Assembly" on November 26, 1949. After the "Government of India Act" of 1935 was replaced by the Indian Constitution, the Dominion of India became the Republic of India. The Indian Constitution's opening prologue is included. This introductory section of our Constitution serves as a compass for all Americans. Freedom, justice, and equality are promised to the people of India, who live under a secular, socialist, democratic government in this document. It was during the 1976 Emergency that the prologue was changed to incorporate the words "socialist" and "secular."

Download or read book Judicializing Everything written by Mark S. Harding and published by University of Toronto Press. This book was released on 2022 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.

Download or read book Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.

Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.

Download or read book A Comparative Analysis of Russian and Indian Secularism written by Puranjay Vedi and published by Ethics International Press. This book was released on 2024-07-14 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secularism is a practice which entails building a ‘wall of separation’ between State and Religion. The general understanding is that this wall helps in prohibiting intervention from either side. However, since the State acts as a guardian of the public interest it may interfere in religious affairs, essentially, to dilute and de-circumscribe the limits of religious orthodoxy. It is, however, pertinent to note that some interventions in religious affairs are made even though there is no valid reason. One such example is the atheistic policy of the Russian state. The objective of this book is to compare the different models of secularism practiced in Russia and India respectively, and lay down some guiding principles which a secular State can adopt to rehabilitate a religion which was subjected to unwarranted State interventions.

Download or read book Another India written by Pratinav Anil and published by Oxford University Press. This book was released on 2023-06-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Another India tells the story of the world's biggest religious minority. Weaving together vivid biographical portraits of a wide range of Indian Muslims--elite and subaltern, secular and clerical, activist and apolitical--it brings the experience of the country's Muslims under a single focus; and, by throwing light on the Indian Muslim condition during the first thirty years of independence, reflects on the true character of democratic India. What we have here is a rather different picture from received accounts of the 'world's largest democracy'. Challenging traditional histories of Nehru's India, Pratinav Anil shows that minority rights were neglected right from independence. Despite its best intentions, the Congress regime that ruled for three decades was often illiberal, intolerant and undemocratic. Muslims had to contend with discrimination, disadvantage, deindustrialization, dispossession and disenfranchisement, as well as an unresponsive leadership. Anil demonstrates how the Muslim elite encouraged depoliticization, taking up seemingly noble but largely inconsequential causes with little bearing on the lives of ordinary members of the community. There was no room for mass protests or collective solidarity in this version of Muslim politics. Another India explores this elite betrayal, whose consequences are still felt by India's 200 million Muslims today.

Download or read book The Global Debate Over Constitutional Property written by Gregory S. Alexander and published by ReadHowYouWant.com. This book was released on 2011-07-29 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...

Download or read book Regulation in India Design Capacity Performance written by Devesh Kapur and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.

Download or read book Humanizing Power written by Dhananjay Soindaji and published by Bloomsbury Publishing. This book was released on 2024-08-30 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses Dr Ambedkar`s philosophical intervention on power for reclaiming human dignity and locates its significance for making a constructive contribution to the existing theories and concepts of power. Dr B R Ambedkar proposed a rational-legal approach to usher in a balance of power among political institutions under the framework of political democracy through checks and balances – constitutionalising the state structure. However, he was not satisfied with this formal mechanism for ensuring a check on the excesses of power. What he believed in was to usher in the balance of power among the social groups at the societal level to the formal distribution of power under political democracy. For him, this formal balance of power under political democracy would not be effective without the balance of power in the society – constitutionalising the social framework. The book explores the conceptual and philosophical moorings of the relationship between the consolidation of social democracy as propounded by Dr Ambedkar and the democratisation of political power and its deployment for human progress.

Download or read book Localizing Governance in India written by Bidyut Chakrabarty and published by Taylor & Francis. This book was released on 2017-02-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Participatory governance has a long history in India and this book traces historical-intellectual trajectories of participatory governance and how older Western discourses have influenced Indian policymakers. While colonial rulers devolved power to accommodate dissenting voices, for independent India, participatory governance was a design for democratizing governance in its true sense. Participation also acted as a vehicle for localizing governance. The author draws on both Western and non-Western theoretical treatises and the book seeks to conceptualize localizing governance also as a contextual response. It also makes the argument that despite being located in different socio-economic and political milieu, thinkers converge to appreciate localizing governance as perhaps the only reliable means to democratize governance. The book aims to confirm this argument by reference to sets of evidence from the Indian experience of localizing governance. By attempting a genealogy of participatory governance in the West and in India, and an empirical study of participatory governance in India, the book sheds light on the exchange of ideas and concepts through space and time, thus adding to the growing body of literature in the social sciences on ‘conceptual flow’. It will be of interest to political scientists and historians, in particularly those studying South Asia.