The Oxford Handbook of the Indian Constitution

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.

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).

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: Jurisdiction; 22 T. V. Somanathan: The Administrative and Regulatory State; 23 Arun K. Thiruvengadam: Tribunals; 24 Prateek Jalan and Ritin Rai: Review of Administrative Action; Part V: Federalism; 25 Mahendra Pal Singh: The Federal Scheme; 26 V. Niranjan: Legislative Competence: The Union and the States; 27 Arvind Datar: Inter-State Trade and Commerce; 28 Harish Salve: Inter-State River Water Disputes; 29 Nirvikar Singh: Fiscal Federalism; 30 Louise Tillin: Asymmetric Federalism; 31 K. C. Sivaramakrishnan: Local Government; Part VI: Rights - Structures and Scope; 32 Ananth Padmanabhan: Rights: Breadth, Scope, and Applicability; 33 Stephen Gardbaum: Horizontal Effect; 34 Gopal Subramanium: Writs and Remedies; 35 Surya Deva: Savings Clauses: The Ninth Schedule and Articles 31A-C; 36 Gautam Bhatia: Directive Principles of State Policy; 37 Shyam Divan: Public Interest Litigation; 38 Shyam Balganesh: The Constitutionalization of Indian Private Law; Part VII: Rights - Substance and Content; 39 Tarunabh Khaitan: Equality: Legislative Review under Article 14; 40 Vinay Sitapati: Reservations; 41 Ratna Kapur: Gender Equality; 42 Anup Surendranath: Life and Personal Liberty; 43 Abhinav Chandrachud: Due Process; 44 Aparna Chandra and Mrinal Satish: Criminal Law and the Constitution; 45 Lawrence Liang: Speech and Expression; 46 Menaka Guruswamy: Assembly and Association; 47 Anirudh Burman: Movement and Residence; 48 Vikramaditya Khanna: Profession, Occupation, Trade, and Business; 79 Ronojoy Sen: Secularism and Religious Freedom; 50 Flavia Agnes: Personal Laws; 51 K. Vivek Reddy: Minority Educational Institutions; 52 Namita Wahi: Property; Part VIII: The Government's Legal Personality; 53 V. Umakanth: Government Contracts; 54 Neel Maitra: Sovereign Immunity; 55 Raju Ramachandran: Public Employment and Service Law; Epilogue; 56 Mark Tushnet: The Indian Constitution Seen from Outside