TheConstitution of India

Highly accessible, the book has a wide student and general readership market in India where the constitution is becoming an increasingly political and popular issue.It will also appeal widely to constitutional lawyers, particularly those with an interest in Indian and South Asian constitutionalism, and comparative constitutional law.Arun K Thiruvengadam is a Professor of Law at the School of Policy and Governance, Azim Premji University, Bengaluru, India. He holds degrees in law from the National Law School, Bangalore and the New York University School of Law. Prior to joining academia, he worked as a judicial law clerk at the Supreme Court of India, and as a litigator before the High Courts of Madras and Delhi, and the Supreme Court of India. He has co-edited two previous books, Emergency Powers in Asia (Cambridge, 2010) and Comparative Constitutionalism in South Asia (Oxford, 2012).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.A groundbreaking account of the constitution of India, the most populous democracy in the world, situating it within its socio-political context since independence in 1947 and the constitution's inauguration in 1950.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... unlike other legal scholarship, the book is written in crisp language. Anyone seriously interested in the working of India's institutions must not miss this one.[T]hough the book is written for the international audience, it is of equal interest to accomplished Indian constitutional scholars... It is a smooth read, sustaining continued interest in going through it. For all these qualities of the book the author must be congratulated.The Hart/Bloomsbury series on contextual analyses of national constitutions has been going from strength to strength. The present volume, focusing on India, offers an accessible introduction to one of the longest and most amended constitutions in the world.This book is a recommended read for academics of constitutional law, students, researchers and anyone who is keen to understand the underpinnings of the Indian constitutional system. It introduces the reader to the rollercoaster ride of India's constitutional journey through darker times. Woven together in a narrative form and written in accessible prose, it keeps the reader engaged throughout.Thiruvengadam's book is a valuable resource for students and scholars of constitutional law, especially those keen on understanding the subject beyond the realm of the courts.Thiruvengadam casts his net beyond a small set of constitutional provisions that are usually discussed and throws welcome light on the history of these provisions . [He] provides an excellent introduction to the Constitution . [and] also has a welcome chapter on constitutional change and the practice of constitutional amendment.Accessible, contextual introductions to the constitutional systems of the world. In the era of globalisation issues of constitutional law and good governance are being seen increasingly as vital issues in all types of society. Since the end of the cold war there have been dramatic developments in democratic and legal reform, and post-conflict societies are also in the throes of reconstructing their governance systems. Even societies already firmly based on constitutional governance and the rule of law have undergone constitutional change and experimentation with new forms of governance; and their constitutional systems are increasingly subjected to comparative analysis and transplantation. Constitutional texts for practically every country in the world are now easily available on the internet. However, texts which enable one to understand the true context, purposes, interpretation, and incidents of a constitutional system are much harder to locate, and are often extremely detailed and descriptive. This series seeks to provide scholars and students with accessible introductions to the constitutional systems of the world, supplying both a road map for the novice and, at the same time, a deeper understanding of the key historical, political, and legal events which have shaped the constitutional landscape of each country. Each book in the series deals with a single country or a group of countries with a common constitutional history, and each author is an expert in their field. Countries covered by the series so far: Australia The Republic of Austria Belgium Brazil Canada Chile China The Commonwealth Caribbean Czechia The European Union Finland France Germany The Independent States of Central Asia India Indonesia Ireland Israel Italy Japan Malaysia Mexico Myanmar New Zealand Pakistan Poland Romania The Russian Federation Singapore South Africa Spain Taiwan Thailand The United Kingdom The United States of America Vietnam PRAISE FOR THE SERIES "This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context.There is no other series of guides quite like it" William B Ewald, Professor of Law and Philosophy, University of Pennsylvania Law School "... ideal for undergraduate and introductory law school courses on comparative constitutional law" William E Butler, Journal of Comparative Law "I just wanted to congratulate you on your series "Constitutional Systems of the World". by including countries which normally don't get attention, you do a great service to a more modern comparative constitutionalism. I hope that this collection will grow!" Dr Jörg Menzel, Associate Professor, University of Bonn, Germany