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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


The Constitution of India: Popular Sovereignty and Democratic Transformations

Sarbani Sen

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071600
eISBN:
9780199080045
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071600.001.0001
Subject:
Law, Constitutional and Administrative Law

The relationship between constitutionalism and popular sovereignty in the Indian context is the critical focus of this original work in political theory, jurisprudence, and constitutionalism. This ... 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


Constitutional Borrowing in South Asia: India, Sri Lanka, and Secular Constitutional Identity

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/9780198081760.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter considers the associations between the courts of India and Sri Lanka as an example of constitutional comparisons and cross-connections within the South Asian region itself. More ... More


Introduction

Sarbani Sen

in The Constitution of India: Popular Sovereignty and Democratic Transformations

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071600
eISBN:
9780199080045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071600.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter begins with a discussion of the founding of the Indian constitution, arguing that a deeper look at the Indian founding can reveal that its identity was shaped by a prior ... More


Redefining Popular Sovereignty

Sarbani Sen

in The Constitution of India: Popular Sovereignty and Democratic Transformations

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071600
eISBN:
9780199080045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071600.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the founders' decision to redefine popular sovereignty and adopt the liberal representative principle to create a Nehruvian statist political order. They recognized that civic ... 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 Union of India: Umpiring and Rights from Wrongs

Steven Gow Calabresi

in The History and Growth of Judicial Review, Volume 1: The G-20 Common Law Countries and Israel

Published in print:
2021
Published Online:
May 2021
ISBN:
9780190075774
eISBN:
9780190075804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190075774.003.0008
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter addresses the legal system as well as the origins and growth of judicial review in India. Judicial review originated and grew in India for five reasons. First, the history of Privy ... 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


Another Kind of Revolution

Sarbani Sen

in The Constitution of India: Popular Sovereignty and Democratic Transformations

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071600
eISBN:
9780199080045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071600.003.0004
Subject:
Law, Constitutional and Administrative Law

The preamble of the constitution of India claims authority for the founding in the name of ‘We, the people of India’. The Indian founders claimed the remarkable act of authority required to write ... More


Introduction

Arvind Elangovan

in Norms and Politics: Sir Benegal Narsing Rau in the Making of the Indian Constitution, 1935-50

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199491445
eISBN:
9780199097845
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199491445.003.0001
Subject:
History, Indian History

This chapter introduces both Rau and the problem of studying the history of the Indian constitution and identifies the ways in which this book departs from existing historiographies. Specifically, ... 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


The Impact of World Events 1939–1945

Peter Heehs

in India's Freedom Struggle 1857-1947: A Short History

Published in print:
1991
Published Online:
October 2012
ISBN:
9780195627985
eISBN:
9780199080670
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195627985.003.0011
Subject:
History, Political History

This chapter describes the approach of the Second World War; the offer of forming an Indian constitution; the Cripps proposals; the plan to end British rule in India through a ‘Quit India ... 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


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


The Beginning of the Idea

Sarbani Sen

in The Constitution of India: Popular Sovereignty and Democratic Transformations

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071600
eISBN:
9780199080045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071600.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines how the idea of popular sovereignty and its relation to constitutionalism developed as a result of inter-generational discourse in Indian political thought during the ... More


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