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Introduction

Rohit De

in A People's Constitution

Published in print:
2018
Published Online:
May 2019
ISBN:
9780691174433
eISBN:
9780691185132
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691174433.003.0001
Subject:
History, Indian History

This introductory chapter provides an overview of the Indian Constitution. The Indian Constitution is the longest surviving constitution in the postcolonial world, and it continues to dominate public ... More


An Imperial Constitution?: Justice as Equity and the Making of the Indian Constitution

Mithi Mukherjee

in India in the Shadows of Empire: A Legal and Political History (1774–1950)

Published in print:
2009
Published Online:
October 2012
ISBN:
9780198062509
eISBN:
9780199080151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198062509.003.0006
Subject:
Law, Legal History

The Indian Constituent Assembly met between December 1946 and December 1949 in New Delhi to draft a constitution that was finally adopted on 26 January 1950. What one sees in the Indian Constitution ... More


A People's Constitution

Rohit De

Published in print:
2018
Published Online:
May 2019
ISBN:
9780691174433
eISBN:
9780691185132
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691174433.001.0001
Subject:
History, Indian History

It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously ... More


Epilogue

Rohit De

in A People's Constitution

Published in print:
2018
Published Online:
May 2019
ISBN:
9780691174433
eISBN:
9780691185132
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691174433.003.0006
Subject:
History, Indian History

This epilogue highlights the three connected themes that emerge from the cases studied in this book: the process through which the Indian Constitution emerged as an organizational assumption and a ... More


The Citizenship Act, 1955: Liminal Citizenship at the Commencement of the Republic

Anupama Roy

in Mapping Citizenship in India

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066743
eISBN:
9780199080069
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066743.003.0002
Subject:
Political Science, Indian Politics

This chapter explores the liminal spaces of citizenship that emerged in the interregnum between the enforcement of the Citizenship provisions as contained in the Constitution of India and the ... More


How to Do Comparative Constitutional Law in India: Naz Foundation, Same Sex Rights, and Dialogical Interpretation

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter attempts to answer the following questions: how should Indian courts do comparative constitutional law? What precise role should comparative materials play in the interpretation of the ... More


The Indian Constitution: Strengths and Weaknesses

Ramin Jahanbegloo

in India Revisited: Conversations on Continuity and Change

Published in print:
2008
Published Online:
October 2012
ISBN:
9780195689440
eISBN:
9780199080342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195689440.003.0007
Subject:
Political Science, Indian Politics

This interview of Soli Sorabji focuses on the strengths and weaknesses of the Indian Constitution. Looking at the different facets of the Constitution, it tries to assess the need for it to be ... More


British Conventions and the Indian Constitution 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0016
Subject:
Law, Constitutional and Administrative Law

The fact that the Indian Constitution is one of the most elaborate in the world does not imply that it does not have in addition tacit provisions. It is based on the recognized conventions of a ... More


Working a Democratic Constitution: A History of the Indian Experience

Granville Austin

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.001.0001
Subject:
Law, Constitutional and Administrative Law

This is a history of the working of the Indian Constitution from 1950 to 1985, written for Indians and non-Indians — who are interested in India and in its constitutional experience. Because the ... More


A Nation's Progress

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0033
Subject:
Law, Constitutional and Administrative Law

During the brief fifty years that Indians have held the reins, they have governed themselves successfully against awesome odds. The seamless web woven by the Constituent Assembly into the ... More


Equality in the Context of Disability: The Right to be Different but Equal

Jayna Kothari

in The Future of Disability Law in India: A Critical Analysis of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198077626
eISBN:
9780199080960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077626.003.0009
Subject:
Law, Human Rights and Immigration

This chapter examines the concept of equality for persons with disability in the context of the Persons with Disabilities (PWD) Act of 1995 in India. It suggests that while the PWD Act is possibly ... More


Introduction

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter describes the scope of the book as well as the motivations for its creation. This is a history book of how the Indian Constitution developed from 1950 to 1985. It is a history about what ... More


Introduction: India’s Democracy—An Exception or a Model?

K.C. Suri

in Political Science: Volume 2: Indian Democracy

Published in print:
2013
Published Online:
September 2013
ISBN:
9780198084952
eISBN:
9780199082414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198084952.003.0001
Subject:
Political Science, Indian Politics

The introductory chapter discusses the various aspects of the history of democracy in India. This volume reviews research on themes that are considered to constitute a major shift or departure from ... More


A Historical Review of Indian Federalism

M. Govinda Rao and Nirvikar Singh

in The Political Economy of Federalism in India

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195686937
eISBN:
9780199080571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195686937.003.0003
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter reviews the history of India’s federal structures. It provides an overview of political developments during the British period and describes the issues concerning federalism as they ... More


Procedural Safeguards in Preventive Detention Cases

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0032
Subject:
Law, Human Rights and Immigration

This chapter discusses the constitutional provisions of Article 22 of the Indian Constitution; judicial prescriptions of procedural safeguards; judicial philosophy in preventive detention cases; the ... More


Judicial Review and Political Responses

Chintan Chandrachud

in Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199470587
eISBN:
9780199088867
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199470587.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter begins developing the negative claim made by the book: the HRA does not enable legislatures to assert their understandings of rights more freely than judicial supremacy under the Indian ... More


Free Speech, Liberty, and Public Order

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses freedom of speech and expression as treated in the First and Sixteenth Amendments. Soon after the Constitution's inauguration, India added its name to the long list of ... More


Codifying the Conventions 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the codification of conventions. It describes how in 1949, the framers of India's Constitution let the nation down in one aspect crucial to the success of parliamentary ... More


Judicial Review in the Shadow of Remedies

Chintan Chandrachud

in Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199470587
eISBN:
9780199088867
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199470587.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter shifts the focus of the book to the positive claim: that the remedial scheme under the HRA enables courts in the UK to assert their genuine understandings of rights more freely than ... More


Making and Preserving a Nation

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0008
Subject:
Law, Constitutional and Administrative Law

India was not, and its peoples were not, one at the republic's beginning, which made the leaders anxious and focused their minds on achieving unity. President Radhakrishnan warned the country that ... More


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