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The Constitution of India: A Contextual Analysis

The Constitution of India: A Contextual Analysis

Author: Arun K. Thiruvengadam
Publisher: Hart Publishing
ISBN: 9781841137360
Published In: December 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book provides an overview of the Indian Constitution by situating it within its larger 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 address the following topics: the pre-history of the constitution and its making; the structural features and actual operation of principal governance institutions including the executive and the parliament, the institutions of federalism and local government, the judiciary, and the set of 'counter-democratic' institutions that play distinctive roles in the Indian political and regulatory landscape; and finally, the crucial issues of multiculturalism and constitutional change in India.

The book employs a narrative form to describe the twists and turns and the challenges confronted across nearly seven decades of the operation of the constitution. It departs from conventional Indian constitutional scholarship by placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court), choosing instead to highlight the political bargains and extra-legal developments that have influenced constitutional evolution.

Written for a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India, the book's unconventional approach to some standard issues will stimulate the more seasoned student of constitutional law and politics.

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

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