The Oxford Handbook of the Indian Constitution

As the first major post-colonial constitution, the Indian Constitution holds particular importance for the study of constitutional law and constitutions. Providing a thorough historical and political grounding, this Handbook examines key debates and developments in Indian constitutionalism and creates a framework for further study.

Zusatztext The Oxford Handbook of the Indian Constitution is a massive undertaking--not only in the many facets of the Indian Constitution that it explores, but in the detailed and illuminating ways in which it relates the constitutional politics of India to constitutionalism generally in the world. The result is that constitutional scholars everywhere will benefit from reading these fifty-six rich and insightful chapters. I can't imagine a better or more thoughtful guide to the principles, procedures, and problems of the world's largest democracy. Informationen zum Autor Sujit Choudhry is Dean and I. Michael Heyman Professor of Law at the UC Berkeley School of Law. His books include The Migration of Constitutional Ideas (Cambridge, 2006) and Constitutional Design for Divided Societies: Integration or Accommodation (Oxford, 2008). Madhav Khosla is a PhD candidate at the Department of Government, Harvard University. His books include The Indian Constitution (Oxford, 2012), Letters for a Nation: From Jawaharlal Nehru to His Chief Ministers (Penguin, 2014) and Unstable Constitutionalism: Law and Politics in South Asia (with Mark Tushnet, Cambridge, 2015).Pratap Bhanu Mehta is President and Chief Executive of the Centre for Policy Research, New Delhi. His books include The Burden of Democracy (Penguin, 2003), Public Institutions in India: Performance and Design (with Devesh Kapur, Oxford, 2005), and The Oxford Companion to Politics in India (with Niraja Gopal Jayal, Oxford, 2010). Klappentext As the first major post-colonial constitution, the Indian Constitution holds particular importance for the study of constitutional law and constitutions. Providing a thorough historical and political grounding, this Handbook examines key debates and developments in Indian constitutionalism and creates a framework for further study. Zusammenfassung 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. Inhaltsverzeichnis Introduction 1: Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta: Locating Indian Constitutionalism Part I: History 2: Rohit De: Constitutional Antecedents 3: Uday S. Mehta: Indian Constitutionalism: Crisis, Unity, and History 4: Hanna Lerner: The Indian Founding: A Comparative Perspective Part II: Negotiating Constitutionalism 5: Chintan Chandrachud: Constitutional Interpretation 6: Upendra Baxi: Law, Politics, and Constitutional Hegemony: The Supreme Court, Jurisprudence, and Demosprudence 7: Gary Jacobsohn: Constitutional Identity 8: Shruti Rajagopalan: Constitutional Change: A Public Choice Analysis 9: Lavanya Rajamani: International Law and the Constitutional Schema Part III: Constituting Democracy 10: Niraja Gopal Jayal: Citizenship<b...

Auteur
Sujit Choudhry is Dean and I. Michael Heyman Professor of Law at the UC Berkeley School of Law. His books include The Migration of Constitutional Ideas (Cambridge, 2006) and Constitutional Design for Divided Societies: Integration or Accommodation (Oxford, 2008). Madhav Khosla is a PhD candidate at the Department of Government, Harvard University. His books include The Indian Constitution (Oxford, 2012), Letters for a Nation: From Jawaharlal Nehru to His Chief Ministers (Penguin, 2014) and Unstable Constitutionalism: Law and Politics in South Asia (with Mark Tushnet, Cambridge, 2015). Pratap Bhanu Mehta is President and Chief Executive of the Centre for Policy Research, New Delhi. His books include The Burden of Democracy (Penguin, 2003), Public Institutions in India: Performance and Design (with Devesh Kapur, Oxford, 2005), and The Oxford Companion to Politics in India (with Niraja Gopal Jayal, Oxford, 2010).

Résumé
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.

Contenu

• Introduction

• 1: Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta: Locating Indian Constitutionalism

• Part I: History

• 2: Rohit De: Constitutional Antecedents

• 3: Uday S. Mehta: Indian Constitutionalism: Crisis, Unity, and History

• 4: Hanna Lerner: The Indian Founding: A Comparative Perspective

• Part II: Negotiating Constitutionalism

• 5: Chintan Chandrachud: Constitutional Interpretation

• 6: Upendra Baxi: Law, Politics, and Constitutional Hegemony: The Supreme Court, Jurisprudence, and Demosprudence

• 7: Gary Jacobsohn: Constitutional Identity

• 8: Shruti Rajagopalan: Constitutional Change: A Public Choice Analysis

• 9: Lavanya Rajamani: International Law and the Constitutional Schema

• Part III: Constituting Democracy

• 10: Niraja Gopal Jayal: Citizenship

• 11: Sujit Choudhry: Language

• 12: Aditya Sondhi: Elections

• 13: Rahul Sagar: Emergency Powers

• 14: Madhav Khosla: Constitutional Amendment

• Part IV: Separation of Powers

• 15: Justice (retd.) Ruma Pal: Separation of Powers

• 16: M. R. Madhavan: Legislature: Composition, Qualifications, and Disqualifications

• 17: Sidharth Chauhan: Legislature: Privileges and Process

• 18: Shubhankar Dam: Executive

• 19: Nick Robinson: Judicial Architecture and Capacity

• 20: Justice (retd.) B. N. Srikrishna: Judicial Independence

• 21: Raeesa Vakil: Jur…