Constitution And Constitutionalism In India

Author : Sudhir Krishnaswamy
Publisher : Oxford University Press
Page : 128 pages
File Size : 44,8 Mb
Release : 2010-11-03
Category : Law
ISBN : 9780199088447

Get Book

Democracy and Constitutionalism in India by Sudhir Krishnaswamy Pdf

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.

Author : Surya Narayan Misra,Subhas Chandra Hazary,Amareswar Mishra
Publisher : A.P.H. Publishing Corporation
Page : 444 pages
File Size : 54,5 Mb
Release : 1999
Category : Law
ISBN : UOM:39015042002199

Get Book

Constitution and Constitutionalism in India by Surya Narayan Misra,Subhas Chandra Hazary,Amareswar Mishra Pdf

Papers presented at a seminar in 1994.

Author : Arun K Thiruvengadam
Publisher : Bloomsbury Publishing
Page : 291 pages
File Size : 41,6 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781849468695

Get Book

The Constitution of India by Arun K Thiruvengadam Pdf

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.

Author : Madhav Khosla
Publisher : Unknown
Page : 241 pages
File Size : 54,5 Mb
Release : 2020
Category : Constitutional history
ISBN : 9780674980877

Get Book

India's Founding Moment by Madhav Khosla Pdf

"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of 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 that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Author : Zoya Hasan,Eswaran Sridharan,R. Sudarshan
Publisher : Anthem Press
Page : 242 pages
File Size : 54,9 Mb
Release : 2005
Category : Law
ISBN : 9781843311362

Get Book

India's Living Constitution by Zoya Hasan,Eswaran Sridharan,R. Sudarshan Pdf

India became independent in 1947 and, after nearly three years of debate in the Constituent Assembly, adopted a Constitution that came into effect on 26 January 1950. This Constitution has lasted until the present, with its basic structure unaltered, a remarkable achievement given that the generally accepted prerequisites for democratic stability did not exist, and do not exist even today. Half a century of constitutional democracy is something that political scientists and legal scholars need to analyze and explain. This volume examines the career of constitutional-political ideas (implicitly of Western origin) in the text of the Indian Constitution or implicit within it, as well as in actual political practice in the country over the past half-century.

Author : Philipp Dann
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 55,7 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781789901573

Get Book

Democratic Constitutionalism in India and the European Union by Philipp Dann Pdf

Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.

Author : M.V.Pylee
Publisher : S. Chand Publishing
Page : 678 pages
File Size : 51,8 Mb
Release : 2003
Category : Political Science
ISBN : 8121922038

Get Book

Constitutional Government in India by M.V.Pylee Pdf

Part I : Introductorypart Ii : The Growth Of Constitutionalism In Indiapart Iii : Preamble, Territory And Citizenshippart Iv : Fundamental Rights And Directive Principlepart V : The Government Of The Unionpart Vi : The Machinery Of Government In The Statespart Vii : The Federal Systempart Viii :Miscellaneous Provisions

Author : Sujit Choudhry,Madhav Khosla,Pratap Bhanu Mehta
Publisher : Oxford University Press
Page : 1050 pages
File Size : 53,7 Mb
Release : 2016-05-12
Category : Law
ISBN : 9780191058615

Get Book

The Oxford Handbook of the Indian Constitution by Sujit Choudhry,Madhav Khosla,Pratap Bhanu Mehta Pdf

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.

Author : Constituent Assembly of India
Publisher : Unknown
Page : 282 pages
File Size : 51,5 Mb
Release : 2020-10-03
Category : Electronic
ISBN : 9798693353770

Get Book

The Constitution of India by Constituent Assembly of India Pdf

The constitution of India is the lengthiest constitution in the world. Though mainly derived from government of India act, 1935, it has adopted articles from constitutions of a number of countries -USA, CANADA, ENGLANDEvery Political Scientist, Lawyer, Student preparing for various competitive exam and even every responsible citizen of the land must be aware of various parts and article.People of other countries, who wish to compare their constitution with the constitution of India must also read it.

Author : Madhav Khosla
Publisher : Harvard University Press
Page : 241 pages
File Size : 49,7 Mb
Release : 2020-02-04
Category : Political Science
ISBN : 9780674245686

Get Book

India’s Founding Moment by Madhav Khosla Pdf

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.

Author : H. M. Seervai
Publisher : Unknown
Page : 1794 pages
File Size : 42,5 Mb
Release : 1983
Category : Constitutional law
ISBN : STANFORD:36105062875898

Get Book

Constitutional Law of India by H. M. Seervai Pdf

Author : Aggarwal R.C./Bhatnagar Mahesh
Publisher : S. Chand Publishing
Page : 704 pages
File Size : 48,8 Mb
Release : 2005
Category : Political Science
ISBN : 9788121905657

Get Book

Constitutional Development & National Movemen in India by Aggarwal R.C./Bhatnagar Mahesh Pdf

Part-I : Constitutional Development Of India Part-Ii : National Movement Part-Iii: Modern Indian Constitution

Author : N. W. Barber
Publisher : Oxford University Press
Page : 340 pages
File Size : 43,6 Mb
Release : 2018-07-26
Category : Law
ISBN : 9780192535689

Get Book

The Principles of Constitutionalism by N. W. Barber Pdf

In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

Author : Anil Chandra Banerjee
Publisher : Atlantic Publishers & Distri
Page : 228 pages
File Size : 40,9 Mb
Release : 1977
Category : Constitutional history
ISBN : 8210379456XXX

Get Book

The Constitutional History of India: 1919-1977 by Anil Chandra Banerjee Pdf

Author : Rajesh Kumar
Publisher : Universal Law Publishing
Page : 252 pages
File Size : 50,6 Mb
Release : 2022
Category : Electronic
ISBN : 9350350114

Get Book

Universal's Guide to the Constitution of India by Rajesh Kumar Pdf