Does India Need A New Constitution

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A People's Constitution

Author : Rohit De
Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis A People's Constitution by : Rohit De

Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

India’s Founding Moment

Author : Madhav Khosla
Publisher : Harvard University Press
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis India’s Founding Moment by : Madhav Khosla

Download or read book India’s Founding Moment written by Madhav Khosla and published by Harvard University Press. This book was released on 2020-02-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Constitution of India

Author : Arun K Thiruvengadam
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.

The Republic of India

Author : Alan Gledhill
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:

Does India Need a New Constitution?

Author : B. L. Hansaria
Publisher :
ISBN 13 :
Total Pages : 150 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Does India Need a New Constitution? by : B. L. Hansaria

Download or read book Does India Need a New Constitution? written by B. L. Hansaria and published by . This book was released on 1998 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cambridge Companion to Comparative Constitutional Law

Author : Roger Masterman
Publisher : Cambridge University Press
ISBN 13 : 1107167817
Total Pages : 653 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman

Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

Supreme Court of India

Author : George H. Gadbois
Publisher : Oxford University Press
ISBN 13 : 0199093180
Total Pages : 411 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Supreme Court of India by : George H. Gadbois

Download or read book Supreme Court of India written by George H. Gadbois and published by Oxford University Press. This book was released on 2018-01-25 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.

The Transformative Constitution

Author : Gautam Bhatia
Publisher : Harper Collins
ISBN 13 : 9353026857
Total Pages : 544 pages
Book Rating : 4.3/5 (53 download)

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Book Synopsis The Transformative Constitution by : Gautam Bhatia

Download or read book The Transformative Constitution written by Gautam Bhatia and published by Harper Collins. This book was released on 2019-02-28 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: | Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

Democratic Constitution Making

Author : Vivien Hart
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Democratic Constitution Making by : Vivien Hart

Download or read book Democratic Constitution Making written by Vivien Hart and published by . This book was released on 2003 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Crisis and Problems in India

Author : Suchinta Bhattacharya
Publisher : Gyan Publishing House
ISBN 13 : 9788178351865
Total Pages : 186 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Constitutional Crisis and Problems in India by : Suchinta Bhattacharya

Download or read book Constitutional Crisis and Problems in India written by Suchinta Bhattacharya and published by Gyan Publishing House. This book was released on 2003 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book is an inquiry and also research finding into the contemporary constitutional crisis in India. This will make one aware not only of the weakness of the present model of parliamentary system responsible for electoral corruption, defection and constitutional bargaining but also of the way that the presidential model will effectively plug the shortcomings and defects inherent in our system of governance.In short, the book is a study of the Indian Constitution in the proper historical perspective a study punctuated by a highly provocative and yet refreshing analysis.The author very earnestly pleads for the widening of our mental horizon and to think more in terms of national interest rather than petty party politics.

Why India Needs the Presidential System

Author : Bhanu Dhamija
Publisher : Harper Collins
ISBN 13 : 9351363473
Total Pages : 327 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Why India Needs the Presidential System by : Bhanu Dhamija

Download or read book Why India Needs the Presidential System written by Bhanu Dhamija and published by Harper Collins. This book was released on 2015-10-15 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Well written, solidly researched and cogently argued' --Shashi Tharoor 'Bhanu has ably argued the case' --Kuldip Nayar 'This timely book... looks at the many advantages of the presidential system.' --Shanta Kumar At one time or another, Dr Ambedkar, Mahatma Gandhi, M.A. Jinnah, Sardar Patel and many other top leaders strongly opposed India's adoption of the parliamentary system. History has proven them right. Given its diversity, size, and communal and community divisions, the country needed a truly federal setup -- not the centralized unitary control that the parliamentary system offers.Why India Needs the Presidential System tells the dramatic story of how India's current system of government evolved, how it is at the root of the problems India faces. The result of years of meticulous research, this book makes a passionate plea for a radical rethink of India's future as a nation. Why India Needs the Presidential System is not just an expose of what is wrong, but a serious effort at offering a possible solution.

Battles Half Won

Author : Ashutosh Varshney
Publisher : Penguin UK
ISBN 13 : 935118434X
Total Pages : 445 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Battles Half Won by : Ashutosh Varshney

Download or read book Battles Half Won written by Ashutosh Varshney and published by Penguin UK. This book was released on 2014-11-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lively collection of essays by Ashutosh Varshney analyses the deepening of Indian democracy since 1947 and the challenges this has created. It examines concerns ranging from federalism and Hindu nationalism to caste conflict and civil society, the north–south economic divide, and politics of economic reforms. Accompanied by a substantial overview tracing the forging and consolidation of India’s improbable democracy, the book, full of original insights, portrays the successes and failures of our experience in a new comparative perspective, enriching our understanding of the idea of democracy.

The Indian Constitution

Author : Granville Austin
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:

The Indian Constitution

Author : Madhav Khosla
Publisher : OUP India
ISBN 13 : 0198075383
Total Pages : 216 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Indian Constitution by : Madhav Khosla

Download or read book The Indian Constitution written by Madhav Khosla and published by OUP India. This book was released on 2012-08-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Constitution is one of the world's most important and longest political texts. This short introduction presents an illuminating tour of the text, explaining not only what the Constitution says but also inviting readers to think critically about the theory and practice of constitutionalism in modern India.

Democracy and Constitutionalism in India

Author : Sudhir Krishnaswamy
Publisher : Oxford University Press
ISBN 13 : 0199088446
Total Pages : 338 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Democracy and Constitutionalism in India by : Sudhir Krishnaswamy

Download or read book Democracy and Constitutionalism in India written by Sudhir Krishnaswamy and published by Oxford University Press. This book was released on 2010-11-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.

Democracies and International Law

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1108843131
Total Pages : 349 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Democracies and International Law by : Tom Ginsburg

Download or read book Democracies and International Law written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2021-09-30 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

Tools of Justice

Author : Kalpana Kannabiran
Publisher : Routledge
ISBN 13 : 113619875X
Total Pages : 521 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Tools of Justice by : Kalpana Kannabiran

Download or read book Tools of Justice written by Kalpana Kannabiran and published by Routledge. This book was released on 2013-02-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.