An analysis of selective aspects of India’s constitutional identity, this book provides an analytical account of the changing and changed texture of India’s constitutional identity bearing in mind the historical context in which it is articulated.
The book conceptualizes the gradual evolution of an idea by tracing the history of India’s constitutionalism with reference to its conceptual roots, historical antecedents and the landmark judicial pronouncements in which the concern for its retention and protection is always privileged. The author examines specific constitutional designs that the 1950 Constitution of India put in place and argues that constitutional identity, despite being drawn on specific constitutional provisions, is also changeable in view of the rapidly transforming socio-economic milieu. He demonstrates that there are numerous instances where India’s constitutional identity has undergone a metamorphosis in circumstances where newer politico-ideological values and norms are privileged.
A valuable addition to the literature on constitutionalism and constitutional practices in general and their manifestation in India's democratic experiences, in particular, this book will be of interest to academics in the fields of Government, Political Science, Law and Jurisprudence, Constitutional and Legal History and Asian Studies.
Preface Introduction Part A: Conceptualizing Constitutional Identity in India: Intellectual Antecedents Constitutional Identity: the British liberal inputs Constitutional Identity: the nationalist inputs Part B: Comprehending Constitutional Identity: a constantly shifting and restructured phenomenon Politico-Ideological Issues Politico-Ideological Issues Politico-Ideological Structures Part C: Reinforcing Constitutional Identity: judicial intervention Challenges to Constitutional Identity: the Doctrine of Basic Structure of the Constitution Constitutional Constructivism and Justiciable Designs of Governance: rearticulating constitutional identity Conclusion Bibliography
This series is concerned with recent political developments in the region. It will have a range of different approaches and include both single authored monographs and edited volumes covering issues such as international relations, foreign intervention, security, democracy, political economy, ideology and public policy.