The Oxford Handbook of the Indian Constitution

by Sujit Choudhry (Editor), Madhav Khosla (Editor), Pratap Bhanu Mehta (Editor)

Overview

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.

Product Details

ISBN-13:	9780191058622
Publisher:	OUP Oxford
Publication date:	05/03/2016
Series:	Oxford Handbooks
Sold by:	Barnes & Noble
Format:	eBook
Pages:	1050
File size:	4 MB

About the Author

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).

Table of Contents

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
1. Introduction, Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta
Part I: History
2. Constitutional Antecedents, Rohit De
3. Indian Constitutionalism: Sovereignty, Unity, and History, Uday S. Mehta
4. The Indian Founding: A Comparative Perspective, Hanna Lerner
Part II: Approaches
5. Constitutional Interpretation, Chintan Chandrachud
Part III: Negotiating Constitutionalism
6. Law, Politics, and Constitutional Hegemony, Upendra Baxi
7. Constitutional Identity, Gary Jacobsohn
8. Constitutional Change: A Public Choice Analysis, Shruti Rajagopalan
9. International Law and the Constitutional Schema, Lavanya Rajamani
Part IV: Constituting Democracy
10. Citizenship, Niraja Gopal Jayal
11. Language, Sujit Choudhry
12. Elections, Aditya Sondhi
13. Emergency Powers, Rahul Sagar
14. Constitutional Amendment, Madhav Khosla
Part V: Separation of Powers
15. Separation of Powers, Justice (retd.) Ruma Pal
16. Legislature: Composition, Qualifications, and Disqualifications, M. R. Madhavan
17. Legislature: Privileges and Process, Sidharth Chauhan
18. Executive, Shubhankar Dam
19. Judicial Architecture and Capacity, Nick Robinson
20. Judicial Independence, Justice (retd.) B. N. Srikrishna
21. Jurisdiction, Raeesa Vakil
22. The Administrative and Regulatory State, T. V. Somanathan
23. Tribunals, Arun K. Thiruvengadam
24. Review of Administrative Action, Prateek Jalan and Ritin Rai
Part VI: Federalism
25. The Federal Scheme, Mahendra Pal Singh
26. Legislative Competence: The Union and the States, V. Niranjan
27. Inter-State Trade and Commerce, Arvind Datar
28. Inter-State River Water Disputes, Harish Salve
29. Fiscal Federalism, Nirvikar Singh
30. Asymmetric Federalism, Louise Tillin
31. Local Government, K. C. Sivaramakrishnan
Part VII: Rights - Structures and Scope
32. Rights: Breadth, Scope, and Applicability, Ananth Padmanabhan
33. Horizontal Effect, Stephen Gardbaum
34. Writs and Remedies, Gopal Subramanium
35. Savings Clauses: The Ninth Schedule and Articles 31A-C, Surya Deva
36. Directive Principles of State Policy, Gautam Bhatia
37. Public Interest Litigation, Shyam Divan
38. The Constitutionalization of Indian Private Law, Shyam Balganesh
Part VIII: Rights - Substance and Content
39. Equality, Tarunabh Khaitan
40. Reservations, Vinay Sitapati
41. Gender Equality, Ratna Kapur
42. Life and Personal Liberty, Anup Surendranath
43. Due Process, Abhinav Chandrachud
44. Criminal Law and the Constitution, Aparna Chandra and Mrinal Satish
45. Speech and Expression, Lawrence Liang
46. Assembly and Association, Menaka Guruswamy
47. Movement and Residence, Anirudh Burman
48. Profession, Occupation, Trade, and Business, Vikramaditya Khanna
79. Secularism and Religious Freedom, Ronojoy Sen
50. Personal Laws, Flavia Agnes
51. Minority Educational Institutions, K. Vivek Reddy
52. Property, Namita Wahi
Part IX: The Government's Legal Personality
53. Government Contracts, V. Umakanth
54. Sovereign Immunity, Neel Maitra
55. Public Employment and Service Law, Raju Ramachandran
Part X: Epilogue
56. The Indian Constitution Seen from Outside, Mark Tushnet

Editorial Reviews

"While there are already some existing substantial pieces of work on the Indian Constitution, the volume by Khosla et al. is exhilarating for two reasons. Firstly, the book is comprehensive for its encyclopedic coverage of the various dimensions related to the Indian Constitution - its genesis, its evolution, and its political and social relevance to the Indian society. Secondly, the book enterprisingly brings together a multifaceted set of perspectives emanating from both varied disciplinary standpoints and intellectual concerns. ... The book is useful to any scholar interested in issues surrounding the Indian Constitution, and will equally prove to be a good reference text for students of Indian constitution and legal history of India." — Meenakshi Sinha, Regional & Federal Studies

From the Publisher