The Oxford Handbook of the Indian Constitution

Author: Sujit Choudhry; Madhav Khosla; Pratap Bhanu Mehta
Publisher: Oxford University Press
ISBN: 9780198704898
Published In: March 2016
Format: Hardback
Jurisdiction: India ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

1. Introduction

PART I: HISTORY
2. Constitutional Antecedents
3. Indian Constitutionalism: Sovereignty, Unity, and History
4. The Indian Founding: A Comparative Perspective

PART II: APPROACHES
5. Constitutional Interpretation

PART III: NEGOTIATING CONSTITUTIONALISM
6. Law, Politics, and Constitutional Hegemony
7. Constitutional Identity
8. Constitutional Change: A Public Choice Analysis
9. International Law and the Constitutional Schema

PART IV: CONSTITUTING DEMOCRACY
10. Citizenship
11. Language
12. Elections
13. Emergency Powers
14. Constitutional Amendment

PART V: SEPARATION OF POWERS
15. Separation of Powers
16. Legislature: Composition, Qualifications, and Disqualifications
17. Legislature: Privileges and Process
18. Executive
19. Judicial Architecture and Capacity
20. Judicial Independence
21. Jurisdiction
22. The Administrative and Regulatory State
23. Tribunals
24. Review of Administrative Action

PART VI: FEDERALISM
25. The Federal Scheme
26. Legislative Competence: The Union and the States
27. Inter-State Trade and Commerce
28. Inter-State River Water Disputes
29. Fiscal Federalism
30. Asymmetric Federalism
31. Local Government

PART VII: RIGHTS - STRUCTURES AND SCOPE
32. Rights: Breadth, Scope, and Applicability
33. Horizontal Effect
34. Writs and Remedies
35. Savings Clauses: The Ninth Schedule and Articles 31A-C
36. Directive Principles of State Policy
37. Public Interest Litigation
38. The Constitutionalization of Indian Private Law

PART VIII: RIGHTS - SUBSTANCE AND CONTENT
39. Equality
40. Reservations
41. Gender Equality
42. Life and Personal Liberty
43. Due Process
44. Criminal Law and the Constitution
45. Speech and Expression
46. Assembly and Association
47. Movement and Residence
48. Profession, Occupation, Trade, and Business
79. Secularism and Religious Freedom
50. Personal Laws
51. Minority Educational Institutions
52. Property

PART IX: THE GOVERNMENT'S LEGAL PERSONALITY
53. Government Contracts
54. Sovereign Immunity
55. Public Employment and Service Law

PART X: EPILOGUE
56. The Indian Constitution Seen from Outside