Economic Analysis of Amendments to the Indian Constitution

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Publisher :
ISBN 13 :
Total Pages : 191 pages
Book Rating : 4.:/5 (861 download)

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Book Synopsis Economic Analysis of Amendments to the Indian Constitution by : Shruti Rajagopalan

Download or read book Economic Analysis of Amendments to the Indian Constitution written by Shruti Rajagopalan and published by . This book was released on 2013 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Parliament has amended the Indian Constitution ninety-seven times since its ratification in 1950. Fundamental Rights in India were amended frequently, specifically the right to private property, which was deleted in 1978 through the Forty- Fourth Amendment. These amendments gradually removed the constitutional constraints placed by the founding fathers on democratic decision-making. In this dissertation, I analyze the role of the ideology and interests of political entrepreneurs in forming and amending constitutional rules in postcolonial India. I also examine the robustness of the amendment process and its vulnerability to political and ideological capture by interest groups in the post-constitutional setting in India. In the first essay, I argue that frequent constitutional amendments are a consequence of the incompatibility between socialism and constitutionalism in India. I provide evidence from constitutional amendments and Supreme Court cases to show that the Constitution was amended to execute the objectives and targets of the Five-Year Plans. In the second essay, I examine the role of ideology and interests of the Constituent Assembly, consequently creating a weak procedure for amending property rights. I find that the socialist ideology of the founding fathers, and their fear of markets and private predation, reduced the voting requirements for amending property rights. In the third essay, I examine the consequent political opportunism and constitutional rent seeking due to a weak amendment procedure; and explain the creation, expansion and recent dormancy of the Ninth Schedule of the Constitution. Using the 282 laws in the Ninth Schedule, I show that a combination of weak procedural rules and strong substantive rights, led to rent seeking at a constitutional level, despite the institution of independent judicial review.

Constitutional Change

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Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Constitutional Change by : Shruti Rajagopalan

Download or read book Constitutional Change written by Shruti Rajagopalan and published by . This book was released on 2016 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amendments to the Constitution, especially to the fundamental rights, have two starkly different patterns in Indian constitutional history. During 1950-80, Parliament was the battleground for seeking formal constitutional amendments; while post-1980, the Supreme Court became the power centre, with interest groups seeking amendments through interpretation. What is the reason for this shift of interest-group activity from the legislature to the judiciary? The existing literature has attributed this shift to the increasing power of the Indian Supreme Court; coalition politics; changes in ideology; greater emphasis on positive rights; etc. In this chapter, I explain the change in constitutional amendments using economic analysis.

The Constitution of India

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Publisher : Bloomsbury Publishing
ISBN 13 : 1849468702
Total Pages : 291 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis The Constitution of India by : Arun K Thiruvengadam

Download or read book The Constitution of India written by Arun K Thiruvengadam and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

Constitutional Change in the Contemporary Socialist World

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Publisher : Oxford University Press
ISBN 13 : 0192592025
Total Pages : 336 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Constitutional Change in the Contemporary Socialist World by : Ngoc Son Bui

Download or read book Constitutional Change in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2020-07-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

The Constitution of the United States of America as Amended

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Publisher : United States House of Representatives
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis The Constitution of the United States of America as Amended by : United States

Download or read book The Constitution of the United States of America as Amended written by United States and published by United States House of Representatives. This book was released on 2007 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 219 years ago you were given the right to practice the religion of your choice. 219 years ago you were given the right to say what you wanted without persecution. 219 years ago it was written that your house and property were secure from unreasonable search and seizure. 219 years ago you were given the right to a public trial. 219 years ago, fifty-five men you will never know sat in a sweltering hot room as they fought and argued for you. 219 years ago you were given your rights as a citizen of the United States. This fall, as we return again to the ballot box to decide the course of our country' s congressional and state leadership, every voter must find their way back to that room in Philadelphia. Welcome Books is proud to provide a map. The Constitution of The United States of America, inscribed and illustrated by the master calligrapher Sam Fink, brings to life the issues underlying the triumphs of this abiding document. Originally published in pen and ink for Random House in 1987, Sam has, at the request of Welcome Books, gone back to the original black-and-white art and painted it entirely, creating a full-color masterpiece. Each amendment, each article, each word so thoughtfully placed in the Constitution has been given Sam' s profound touch. With a powerful intelligence and a wonderful sense of humor, he has provided us with an entry point, allowing us to read this essential document better, more clearly. Welcome Books is honored to present a full-color limited edition of Sam' s startling work as well as a trade edition, exquisitely designed and produced - matching in its manufacture the stunning quality of Sam' s ambition and thegravitas and significance of the original document. The Constitution of The United States of America is the document we must read again and again. There is no more important document in our country. It is the document we must have an intimate knowledge of. It is the document that we must never forget. 219 years ago, you were entrusted with a living document. Have you kept it safe? To begin, we must read it. This, Sam, in his direct and unadorned way, respectful and loving, helps us do.

The Oxford Handbook of the Indian Constitution

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Publisher : Oxford University Press
ISBN 13 : 0191058610
Total Pages : 1121 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Indian Constitution by : Sujit Choudhry

Download or read book The Oxford Handbook of the Indian Constitution written by Sujit Choudhry and published by Oxford University Press. This book was released on 2016-05-12 with total page 1121 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.

Unconstitutional Constitutional Amendments

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Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Governing Complexity

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Publisher : Cambridge University Press
ISBN 13 : 1108419984
Total Pages : 315 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Governing Complexity by : Andreas Thiel

Download or read book Governing Complexity written by Andreas Thiel and published by Cambridge University Press. This book was released on 2019-10-03 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why governance is polycentric and what that means in practice, using examples of complex natural resource management.

Economic Developments In India : Monthly Update, Volume -48 Analysis, Reports, Policy Documents

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Publisher : Academic Foundation
ISBN 13 : 9788171882458
Total Pages : 332 pages
Book Rating : 4.8/5 (824 download)

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Book Synopsis Economic Developments In India : Monthly Update, Volume -48 Analysis, Reports, Policy Documents by : Editors : Raj Kapila & Uma Kapila

Download or read book Economic Developments In India : Monthly Update, Volume -48 Analysis, Reports, Policy Documents written by Editors : Raj Kapila & Uma Kapila and published by Academic Foundation. This book was released on 2001 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Indian Constitution

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Publisher :
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.:/5 (473 download)

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Book Synopsis The Indian Constitution by : Granville Austin

Download or read book The Indian Constitution written by Granville Austin and published by . This book was released on 2002 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Economic Interpretation of the Constitution of the United States

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Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis An Economic Interpretation of the Constitution of the United States by : Charles Austin Beard

Download or read book An Economic Interpretation of the Constitution of the United States written by Charles Austin Beard and published by . This book was released on 1913 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Economic Developments In India : Monthly Update, Volume -9 Analysis, Reports, Policy Documents

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Publisher : Academic Foundation
ISBN 13 : 9788171881475
Total Pages : 328 pages
Book Rating : 4.8/5 (814 download)

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Book Synopsis Economic Developments In India : Monthly Update, Volume -9 Analysis, Reports, Policy Documents by : Editors : Raj Kapila & Uma Kapila

Download or read book Economic Developments In India : Monthly Update, Volume -9 Analysis, Reports, Policy Documents written by Editors : Raj Kapila & Uma Kapila and published by Academic Foundation. This book was released on 1998 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Political Economy of Development in India

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Publisher : Routledge
ISBN 13 : 1317548493
Total Pages : 184 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Political Economy of Development in India by : Darley Jose Kjosavik

Download or read book Political Economy of Development in India written by Darley Jose Kjosavik and published by Routledge. This book was released on 2015-06-05 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Global South, indigenous people have been continuously subjected to top-down, and often violent, processes of post-colonial state and nation building. This book examines the development dilemmas of the indigenous people (adivasis) of the Indian state of Kerala. It explores the different facets of change in their lives and livelihoods in the context of modernisation under different political regimes. As part of the Indian Union, Kerala followed a development approach in tune with the Government of India with regard to indigenous communities. However, within the framework of India’s quasi-federal polity, the state of Kerala has been tracing a development path of its own, which has come to be known as the ‘Kerala model of development’. Adopting a historical political economic approach, the book locates the adivasi communities in the larger contextual shifts from late colonialism through the post-independence years, and critically analyses the Kerala model of development with particular reference to the adivasis’ changing political status and rights to land. It pays special attention to policy dynamics in the neoliberal phase, and the actual practices of decentralisation as a way of including the socially excluded and marginalised. Offering a theoretical elaboration of the interaction between class and indigeneity based on intensive fieldwork in Kerala, the book addresses adivasi development in relation to the general development experience of Kerala, and goes on to relate this particular study to the global context of indigenous people’s struggles. It will be of interest to those working in the fields of South Asian Development, Political Economy and South Asian Politics.

Judicial Review

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Publisher : Cambridge University Press
ISBN 13 : 1108883478
Total Pages : 463 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Judicial Review by : Salman Khurshid

Download or read book Judicial Review written by Salman Khurshid and published by Cambridge University Press. This book was released on 2020-06-11 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on.

The Republic of India

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Publisher :
ISBN 13 :
Total Pages : 309 pages
Book Rating : 4.:/5 (112 download)

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Book Synopsis The Republic of India by : Alan Gledhill

Download or read book The Republic of India written by Alan Gledhill and published by . This book was released on 2013 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Economic Interpretation of the Constitution of the United States

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Publisher : Courier Corporation
ISBN 13 : 0486140458
Total Pages : 338 pages
Book Rating : 4.4/5 (861 download)

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Book Synopsis An Economic Interpretation of the Constitution of the United States by : Charles A. Beard

Download or read book An Economic Interpretation of the Constitution of the United States written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-03-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land.

The Classical Liberal Constitution

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Publisher : Harvard University Press
ISBN 13 : 0674727800
Total Pages : 889 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein

Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic