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9781841137360


Parution : 12/2017
Editeur : Hart
ISBN : 978-1-8411-3736-0
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The Constitution of India

A Contextual Analysis

Arun K Thiruvengadam

Présentation de l'éditeur

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.

 

Sommaire

INTRODUCTION
I. The Constitution of India and Its Special Significance 
II. Approach and Orientation of the Book 
III. Brief Outline of Chapters 
1. ORIGINS AND CRAFTING OF THE CONSTITUTION 
I. Introduction 
II. The Mughals and the East India Company (1550–1857) 
III. The British Raj and Colonial Forms of Constitutional Government (1858–1947)-A Bird's Eye View 
IV. The Nationalist Movement and the Build-up of Attempts at Constitution Making (1895–1947)-A Worm's Eye View 
V. Crafting a Constitution for Independent India: The Work of the Constituent Assembly 
VI. Conclusion 
Further Reading 
2. THE EXECUTIVE AND PARLIAMENT 
I. Introduction 
II. Brief Overview of Relevant Constitutional Provisions 
III. Pre-history, Colonial Experiences and Debates within the Constituent Assembly 
IV. Brief Overview of Evolution of the Indian Political Landscape through the Prism of Electoral Results
and Party Politics 
V. The Changing Role of Parliament in Indian Constitutional Democracy 
VI. Significant Judicial Pronouncements on Constitutional Provisions Relating to the Executive and Parliament 
VII. Conclusion 
Further Reading 
3. FEDERALISM AND LOCAL GOVERNMENT 
I. Introduction 
II. The Colonial Period and Its Influence on Later Constitutional Developments Relating to Federalism
and Local Government 
III. Understanding the Centralising Bias within the Constituent Assembly 
IV. The Structure and Content of Provisions in the Indian Constitution on Federalism and their Evolution
Over Time 
V. The Structure and Content of Provisions in the Indian Constitution on Local Government and their
Evolution Over Time 
VI. Conclusion 
Further Reading 
4. FUNDAMENTAL RIGHTS, DIRECTIVE PRINCIPLES AND THE JUDICIARY 
I. Introduction 
II. Relevant Constitutional Provisions: Textual Categorisation and Analysis 
III. The Constitutional History of Provisions Relating to Fundamental Rights, Directive Principles and the
Judiciary 
IV. The Supreme Court and Its Role as Guardian of the Rights Provisions (1950–2016) 
V. The Crisis of Backlog and Delay in the Indian Judiciary 
VI. Conclusion 
Further Reading 
5. TECHNOCRATIC CONSTITUTIONAL INSTITUTIONS 
I. Introduction 
II. Reflecting on the Motivations of the Framers for Entrenching Technocratic Constitutional Institutions 
III. The Office of the Comptroller and Auditor General 
IV. The Election Commission of India 
V. The Introduction of New Regulatory Institutions in the Aftermath of the Constitutional Moment of 1991 
VI. Conclusion 
Further Reading 
6. CONSTITUTIONAL REGULATION OF INDIA'S MULTIPLE IDENTITIES 
I. Introduction 
II. Relevant Constitutional Provisions 
III. Relevant Constitution-making History 
IV. Post-independence Evolution of the Law on the Markers of Indian Identity 
V. Conclusion 
Further Reading 
7. CONSTITUTIONAL CHANGE 
I. Introduction 
II. Relevant Constitutional Provisions and Constitutional History 
III. Constitutional Practice in Relation to the Amending Power in India: An Overview and Analysis of Trends
(1950–2016) 
IV. Constitutional Interpretation as a Source of Constitutional Change 
V. Constitutional Change through Constitutional Moments 
VI. Conclusion 
Further Reading 
CONCLUSION 
I. Introduction 
II. A Brief Overview of Prime Minister Modi's Tenure (2014–17) through a Constitutional Lens 
III. Assessing India's Constitutional Trajectory Across Seven Decades (1947–2017) 
IV. Concluding Reflections 
Further Reading

Constitutional Systems of the World , 296 pages.