Relevant bibliographies by topics / India Constitutional history

Academic literature on the topic 'India Constitutional history'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "India Constitutional history"

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Bauer, Christian A., and Harald J. Bolsinger. "The Value of Constitutional Values: With the Examples of the Bavarian and the Indian Constitution." Tattva - Journal of Philosophy 6, no. 2 (July 1, 2014): 61–77. http://dx.doi.org/10.12726/tjp.12.4.

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The Bavarian and the Indian constitutions were developed in almost the same period of time. Because of historic experiences the prospect of legal certainty was the determining factor for the representatives of the people in India and Bavaria. They elaborated functioning constitutions and integrated their fundamental ideological principles quite naturally. The Indian and the Bavarian constitution are characterized by their aspirations to balance social injustice, particularly by striking a balance between individual liberty and social need.The history of political economy demonstrates a broad variety of interpretations regarding the meaning and function of value concepts. When we review all these value concepts we identify two poles of the value-concept that still lack compatibility with each other in economical and philosophical schools to this day. Value systems have to be applied situation-sensitive and are in need of a frequent critical reflection; they need to be refused or changed if necessary.Examining some examples of the Bavarian Constitution, we indicate some concordances with regard to contents of the Indian Constitutional Law. The equivalences in the Bavarian and the Indian Constitution incorporate entitlements which should protect citizens against an unjustified economical assault upon their existence. The social value conflicts that occur more and more because of the hiatus to the constitutionally warranted values, and that cannot be solved simply by law or political adjustment, are therefore up for discussion. We then examine the disparity between entitlements and reality and discuss the hierarchy of our values.
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Serdyukov, Artem Arturovich. "Constitutional foundations and principles of the formation of a sovereign, secular, and democratic state in India: history and modernity." Cuestiones Políticas 39, no. 71 (December 25, 2021): 633–42. http://dx.doi.org/10.46398/cuestpol.3971.38.

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The purpose of the research was to study the fundamental provisions of the Constitution of India and the amendments made to it, which regulate the constitutional foundations and principles of the formation of a sovereign, secular, and democratic state. In addition, the article discusses the constitutional provisions relating to the acquisition of independence, the freedom of India, the formal establishment and consolidation of the fundamental rights and freedoms of its citizens and the abolition of the institution of untouchability. The study of the role and importance of the political and legal views of the leader of the national liberation movement, the philosopher and jurist Mohandas Karamchand Gandhi in shaping the constitutional foundations and state structure of India is of some interest. The author used a complex of scientific methods to achieve the objective. It is concluded that the achievement of India's political independence, the declaration of equal rights and freedoms and the abolition of the untouchable caste in the state Constitution, is a significant contribution to the development of this country and a rapid step in increasing India's importance in the world.
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Choudhry, Sujit. "Can Federalism Save India’s Constitutional Democracy?" Jus Cogens 4, no. 1 (February 2, 2022): 69–77. http://dx.doi.org/10.1007/s42439-021-00054-1.

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Abstract Madhav Khosla’s brilliant book, India’s Founding Moment, is self-consciously a work on the history of ideas. Nonetheless, the subtitle of India’s Founding Moment—The Constitution of a Most Surprising Democracy—implies that Khosla draws a connection between the ideas that shaped the creation of constitutional democracy in India and its endurance. In this review, I pose the question of whether the design of the Constitution can be a source of constitutional resilience against the rising threat of authoritarianism and Hindu majoritarianism.
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Pillai, Sarath. "Fragmenting the Nation: Divisible Sovereignty and Travancore's Quest for Federal Independence." Law and History Review 34, no. 3 (June 14, 2016): 743–82. http://dx.doi.org/10.1017/s0738248016000195.

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Speaking at the Travancore legislative assembly on February 2, 1938, Sir C.P. Ramaswamy Aiyar said: “The federation contemplated in the Government of India Act (1935) was founded on the recognition of the fundamental idea that the Ruler alone represents his state and that the Ruler is the government of the state.” Travancore was one of the oldest princely states in India, which antedated the British occupation and claimed a dynastic rule uninterrupted by any foreign or domestic powers. Its history of constitutional reforms and economic advancement enabled it to occupy a pivotal position in colonial India. As the Dewan (prime minister) of Travancore, Sir C.P. played a crucial role in the constitutional debates on the political form of postcolonial India, especially federation, in the last two decades of the British Empire in India. He argued that Indian states were inherently sovereign, and that the only locus of sovereignty in the states was their rulers. In doing so, he imagined a future Indian federation predicated on the idea of divisible sovereignty, which was given constitutional effect by the Government of India (GOI) Act (1935). Sir C.P.'s expositions on the sovereignty of the states and Travancore's constitutionalism offer analytical lenses to recuperate a history of imperial constitutionalism and the grand political project it enabled: Indian federation.
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Ratha, Keshab Chandra. "Interpreting Citizenship Amendment Act: Its Content and Context." Indian Journal of Public Administration 67, no. 4 (December 2021): 559–72. http://dx.doi.org/10.1177/00195561211056411.

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India is endowed with a proud history of inclusive government and religious tolerance. Indian citizenship has always been firmly rooted in the country’s constitution, which lays priority on equality, regardless of gender, caste, religion, class, community or language. Attaching citizenship rights to religious affiliation runs counter to the letter and spirit of India’s Constitution and constitutional morality. The major thrust of the present article is to project government’s stance on the Citizenship Amendment Act, 2019, constitutional provisions in relation to the Act, thematic arguments of critics and constitutional experts on the matter, multifarious challenges ahead in respect of its implementation, by establishing the fact that any measure taken must remain in conformity with international norms and values and necessity of amending the law to do away with the arbitrary selection of countries and religious groups so that the current agitation can be easily tranquilised.
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BAYLY, C. A. "RAMMOHAN ROY AND THE ADVENT OF CONSTITUTIONAL LIBERALISM IN INDIA, 1800–30." Modern Intellectual History 4, no. 1 (March 8, 2007): 25–41. http://dx.doi.org/10.1017/s1479244306001028.

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This paper concerns the reformulation by British expatriates and the first generation of English-speaking Indian intellectuals of the key ideas of European constitutional liberalism between 1810 and 1835. The central figure is Rammohan Roy, usually seen as a “reformer” of Hinduism. Here Rammohan's thought is set in the context of the Iberian and Latin American constitutional revolutions and the movement for free trade and parliamentary reform in Britain. Rammohan and his coevals created a constitutional history for India that centred on the institution of the panchayat, a local judicial body. While some expatriates and Indian radicals discussed “independence” or “separation” for the country as early as the 1830s, Rammohan himself argued for constitutional limitations on the Company's power and Indian representation in Parliament. Under liberal British government, he believed, an Indian public would emerge, empowered by service on juries and the operations of a free press.
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Saikumar, Rajgopal. "Jurisdictional Crisis in the Kashmir Novel." Cambridge Journal of Postcolonial Literary Inquiry 6, no. 1 (January 2019): 30–47. http://dx.doi.org/10.1017/pli.2018.26.

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The India-Pakistan relationship and its hold over Kashmir is often described by words such asdeadlock, intractability, andstalemate; conveying a geopolitics of “stuckness.” Within conditions of postcolonial era colonialism, and at the intersection of constitutional law and literature, this article explores this stuckness as a jurisdictional crisis. A constitution first and foremost constitutes jurisdictions. Appropriation of land by delimiting the earth, marking out territories, enclosures, boundaries, and visible divisions is the necessary condition for the very possibility of law. How does the Indian constitution constitute the jurisdictional conditions of Kashmir? And how does one read for these jurisdictional conditions in literature? This article is more specifically interested in literary representations of jurisdictional crisis in the contemporary Kashmir novel. It argues that the constitutional politics and history that created the jurisdictional conditions of Kashmir produce a “performance of stuckness” in Kashmir literature.
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Dr. Ganesh Dubey and Dheerendra Singh. "National Judicial Commission In India: The New Challenge." Legal Research Development: An International Refereed e-Journal 1, no. I (September 30, 2016): 67–82. http://dx.doi.org/10.53724/lrd/v1n1.09.

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Art. 50 of our constitution provide - separation of powers and independent judiciary (under directive principles) and Art. 13 of the Indian constitution provide vital power to amend any new statute and empowered to Supreme Court to check the constitutional validity of particular act/statute. For much of its history the Indian judiciary has been regarded as largely fair and incorruptible. No action was taken on the bill but the system of Supreme Court appointments that it envisaged was mandated three years later by the Supreme Court itself. In Supreme Court Advocates-on-Record Association vs. Union of India (1993 (4) SCC. 441) the Court ruled that the Constitution’s provision that the President appoint Supreme Court judges in ‘‘consultation with such Judges of the Supreme Courts...as the President may deem necessary” (Article 124(2)) meant that the advice of the Supreme Court judges was binding upon the President. It also resolved that the judges involved in this ‘consultation’ would be the Chief Justice of India and the two judges next in seniority. This decision was upheld in 1998 in the Third Judges case, only slightly modified to involve the Chief Justice of India and the four judges – rather than two – next in seniority as well as all Supreme Court judges from the candidate’s High Court. The Supreme Court of India and the High Court’s set the standard for judicial conduct and competence in the country. It is vital that we create a National Judicial Commission, combining input from the elected branches of government and the judiciary, to appoint and over see the judges of the Supreme Court and High Court.
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Gul, Noman, Naghma Farid, and Muhammad Siraj Khan. "Judicial Activism and Constitutional Challenges in India." Global Legal Studies Review VI, no. I (March 30, 2021): 117–25. http://dx.doi.org/10.31703/glsr.2021(vi-i).16.

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Courts in India intervened in policy matters; education, environment, property rights, and cleanwater are some of the areas in which precedents have been established. Supreme Court has become a final interpreter of the constitution. It even checked the amendments made by parliament. A weaker political system provided a feeding ground for the judiciary to intervene in the matters of the executive and legislatures. By noticing the checkered history, the emergency of the 1970s has weakened the judiciary which has been compensated in the last few decades. Powers belong to those who utilized them. The unconstitutional dismissals provided a vacuum for the judiciary to play its role. The judicial review,interpretation of fundamental rights, environmental issues, constitutional amendments and appointment of judges, have broadened the jurisdiction of courts in India.
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PURUSHOTHAM, SUNIL. "Federating the Raj: Hyderabad, sovereign kingship, and partition." Modern Asian Studies 54, no. 1 (July 4, 2019): 157–98. http://dx.doi.org/10.1017/s0026749x17000981.

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AbstractThis article explores the idea of federation in late-colonial India. Projects of federation sought to codify the uncodified and fragmented sovereign landscape of the British Raj. They were ambitious projects that raised crucial questions about sovereignty, kingship, territoriality, the potential of constitutional law in transforming the colonial state into a democratic one, and India's political future more broadly. In the years after 1919, federation became a capacious model for imagining a wide array of political futures. An all-India Indian federation was seen as the most plausible means of maintaining India's unity, introducing representative government, and overcoming the Hindu–Muslim majority–minority problem. By bringing together ‘princely’ India and British India, federation made the Indian states central players in late-colonial contestations over sovereignty. This article explores the role of the states in constitutional debates, their place in Indian political imaginaries, and articulations of kingship in late-colonial India. It does so through the example of Hyderabad, the premier princely state, whose ruler made an unsuccessful bid for independence between 1947 and 1948. Hyderabad occupied a curious position in competing visions of India's future. Ultimately, the princely states were a decisive factor in the failure of federation and the turn to partition as a means of overcoming India's constitutional impasse.
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Dissertations / Theses on the topic "India Constitutional history"

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Turnbull, Christine Hazel. "The Viceroyalty of Lord Reading, 1921-1926 : with particular reference to the political and constitutional progress of India." Thesis, London Metropolitan University, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280517.

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Narain, Vrinda. "Anxiety and amnesia : Muslim women's equality in postcolonial India." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102240.

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In this thesis, I focus on the relationship between gender and nation in post-colonial India, through the lens of Muslim women, who are located on the margins of both religious community and nation. The contradictory embrace of a composite national identity with an ascriptive religious identity, has had critical consequences for Muslim women, to whom the state has simultaneously granted and denied equal citizenship. The impact is felt primarily in the continuing disadvantage of women through the denial of gender equality within the family. The state's regulation of gender roles and family relationships in the 'private sphere', inevitably has determined women's status as citizens in the public sphere.
In this context, the notion of citizenship becomes a focus of any exploration of the legal status of Muslim women. I explore the idea of citizenship as a space of subaltern secularism that opens up the possibility for Indian women of all faiths, to reclaim a selfhood, free from essentialist definitions of gender interests and prescripted identities. I evaluate the realm of constitutional law as a counter-hegemonic discourse that can challenge existing power structures. Finally, I argue for the need to acknowledge the hybridity of culture and the modernity of tradition, to emphasise the integration of the colonial past with the postcolonial present. Such an understanding is critical to the feminist emancipatory project as it reveals the manner in which oppositional categories of public/private, true Muslim woman/feminist, Muslim/Other, Western/Indian, and modern/traditional, have been used to deny women equal rights.
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McPherson, Dennis H. "Transfer of jurisdiction for education, a paradox in regard to the constitutional entrenchment of Indian rights to education and the existing treaty no. 3 rights to education." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq26348.pdf.

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Garcia, Maria E. "Governing Gambling in the United States." Scholarship @ Claremont, 2010. http://scholarship.claremont.edu/cmc_theses/3.

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The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering. In an effort to more fully understand the gambling debate, whether it should be allowed or banned, I examined different types of sources. Historical sources demonstrate how ingrained in American culture risk taking, the core of gambling, has been since the formation of this nation. Sources dealing with the economic implications of gambling were also studied. Additionally, sources dealings with the political and legal aspects of gambling were essential for this thesis. Legislature has tried to reconcile distinct problems associated with gambling, including corruption. For this reason sports gambling scandals and Mafia connections to gambling have also been examined. The American government has created much needed legislature to address different concerns relating to gambling. It is apparent that statutes will continue to be passed to help regulate the gambling industry. A possible consideration is the legalization of sports wagering to better regulate that sector of the industry.
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Mukherjee, Mithi. "The lawyer, the legislator and the renouncer : a history of anti-colonial representational politics in modern India (1757-1947) /." 2001. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:3019954.

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Fraas, Arthur Mitchell. ""They Have Travailed Into a Wrong Latitude:" The Laws of England, Indian Settlements, and the British Imperial Constitution 1726-1773." Diss., 2011. http://hdl.handle.net/10161/3954.

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In the mid-eighteenth century the British Crown claimed a network of territories around the globe as its "Empire." Through a close study of law and legal instutions in Bombay, Madras, Calcutta, as well as London, this dissertation examines what it meant to be a part of that Empire. These three cities on the Indian subcontinent were administered by the English East India Company and as such have often seemed abberant or unique to scholars of eighteenth-century empire and law. This dissertation argues that these Indian cities fit squarely within an imperial legal and governmental framework common to the wider British world. Using a variety of legal records and documents, generated in both India and England, the dissertation explores the ways in which local elites and on-the-ground litigants of all national, religious, and cultural backgrounds shaped the colonial legal culture of EIC India. In the process, the dissertation shows the fitful process by which litigants from India, Company officials, and London legal elites struggled over how to define the limits of Empire. The dissertation argues that it was this process of legal wrangling which both defined the mid eighteenth-century Empire and planted the seeds for the more exclusionary colonial order in nineteenth century British India.


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Naguran, Chinnapen Amatchi. "A critical study of aspects of the political, constitutional, administrative and professional development of Indian teacher education in South Africa with particular reference to the period 1965 to 1984." Thesis, 1985. http://hdl.handle.net/10413/3237.

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This study deals with the administrative and curricular development of Indian teacher education in South Africa for the period 1860 - 1984. It is set against the background of developments in the education system for Indians in this country. Historical and political events which have a direct bearing on Indian education are touched upon merely cursorily to give the reader the necessary background for a fuller appreciation of the Indian community's struggle for education in the country of their adoption. The study is divided into three parts. Part one comprising the first two chapters, provides a brief historical perspective of Indian education from 1860 to 1965. Chapter One deals with a brief review of the coming of the Indians to Natal and the origins and early development of education for the Indians. Chapter Two carries on the historical review with the emphasis on the early development of Indian teacher education. Part Two comprising four chapters deals with aspects of Indian education after it was transferred from provincial control to central State control in 1966. The Indian Education Act of 1965 (No. 61 of 1965) is taken as a point of departure. Chapter Three begins with a very brief discussion of the principles underlying the nationalisation of education in South Africa. The de Lange Report and the Government's reaction to its recommendations are considered against the new political dispensation. Chapter Four deals with such aspects as control and administration, involvement of Indians in the control of their education, school accommodation, growth in pupil enrolment and the school curricula are examined to assess growth and progress. Chapter Five is concerned with the control and administration of Indian teacher education after nationalisation of Indian education. Within the framework of this chapter recent developments such as the recommendations of the Gericke Commission leading to the National Education Policy Amendment Act (No. 75 of 1969) and the van Wyke de Vries Commission's recommendations for a closer co-operation with universities in respect of teacher education, are examined with a view to tracing their influence on Indian teacher education. Chapter Six attempts to examine demographic aspects which influence the demand for and supply of teachers in Indian education. Part Three comprising four chapters, examines contemporary issues and perspectives in Indian teacher education. Chapters Seven and Eight examine critically the teachers' courses at the Colleges of Education and the University of Durban-Westville respectively. Chapter Nine examines on a comparative basis structural changes and new developments in methodological skills in teacher education. Finally, in Chapter Ten proposals and recommendations are formulated with a view to achieving a properly structured institutional arrangement such as the college council and college senate to facilitate Indian teacher education.
Thesis (Ph.D.) - University of Natal, Pietermaritzburg, 1985.
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Books on the topic "India Constitutional history"

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India. The constitution of India. 2nd ed. Allahabad: Dwivedi Law Agency, 1999.

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India. The Constitution of India. New Delhi: Taxmann, 2000.

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India. Shorter Constitution of India. New Delhi: Prentice-Hall of India, 1988.

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Centre for Studies in Civilizations (Delhi, India) and Project of History of Indian Science, Philosophy, and Culture. Sub Project: Consciousness, Science, Society, Value, and Yoga, eds. Constitutional history of India. New Delhi: Published by Centre for Studies in Civilizations for the Project of History of Indian Science, Philosophy and Culture, 2015.

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Anand, C. L. Constitutional law and history of Government of India, Government of India Act, 1935, and the constitution of India. 7th ed. Allahabad: University Book Agency, 1992.

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India. Constitution of India and amendment acts. New Delhi: Deep & Deep Publications, 1990.

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1943-, Jain Subhash C., ed. The Constitution of India: Select issues & perceptions. New Delhi: Taxmann Publications, 2000.

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India. The Constitution of India =: Bhārata kā Saṃvidhāna. Ilāhābāda: Ilāhābāda Lô Imporiyama, 2001.

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India. Ministry of Law, Justice, and Company Affairs., ed. The Constitution of India =: Bhārata kā samvidhāna. New Delhi: Govt. of India, Ministry of Law, Justice and Company Affairs, 1999.

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Anand, C. L. Constitutional law and history of Government of India: Government of India Act, 1935 and the Constitution of India. 8th ed. New Delhi: Universal Law Pub. Co., 2008.

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Book chapters on the topic "India Constitutional history"

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Singh, Mahendra Prasad, and Krishna Murari. "Constitutional development in colonial India." In A History of Colonial India, 92–112. London: Routledge India, 2021. http://dx.doi.org/10.4324/9781003246510-7.

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Pellissery, Sony. "Social Policy in India: One Hundred Years of the (Stifled) Social Question." In One Hundred Years of Social Protection, 121–56. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54959-6_4.

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AbstractWhat social policy is possible in a context where equality among citizens is culturally denied but at the same time constitutionally guaranteed? This chapter attempts to answer this question by periodising how the social question was articulated in India during the last 100 years. While philosophical and religious traditions of India created “duty-oriented” social relations, the rise of the modern state prompted to change this into “right-oriented” social obligations. This tension resurfaced in the history of Indian social question through prioritising political freedom over social unfreedom, nation-building over poverty alleviation, homogenised national identity over the particularistic demands of marginalised sections, and authoritarian polity over decentralised systems. It suffices to say that Indian polity is in a denial mode regarding the social question.
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Wankhede, Asang. "The legal history of reservation for SCs/STs and OBCs." In Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law, 15–43. London: Routledge India, 2022. http://dx.doi.org/10.4324/9781003304692-3.

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Keith, Arthur Berriedale. "The Company Before Plassey; its Constitution, Relation to the Indian States, and the Adminis-Tration of its Settlements and Territories." In A Constitutional History of India 1600-1935, 1–52. Routledge, 2018. http://dx.doi.org/10.4324/9781315121437-1.

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Keith, Arthur Berriedale. "Federalism and Responsible Government Under the Government of India Act 1935." In A Constitutional History of India 1600-1935, 319–459. Routledge, 2018. http://dx.doi.org/10.4324/9781315121437-10.

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Keith, Arthur Berriedale. "Dominion Status: The Place of India in the Commonwealth." In A Constitutional History of India 1600-1935, 460–77. Routledge, 2018. http://dx.doi.org/10.4324/9781315121437-11.

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Keith, Arthur Berriedale. "The Acts of 1935 in Operation." In A Constitutional History of India 1600-1935, 478–520. Routledge, 2018. http://dx.doi.org/10.4324/9781315121437-12.

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Keith, Arthur Berriedale. "The Diwani, The Exploitation of Bengal, Dyarchy, and Anarchy." In A Constitutional History of India 1600-1935, 53–58. Routledge, 2018. http://dx.doi.org/10.4324/9781315121437-2.

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Keith, Arthur Berriedale. "The Intervention of Parliament, North’s Regulating Act, and Warren Hastings." In A Constitutional History of India 1600-1935, 59–92. Routledge, 2018. http://dx.doi.org/10.4324/9781315121437-3.

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Keith, Arthur Berriedale. "The Establishment of Organized Administration: Pitt’s Act and Cornwallis." In A Constitutional History of India 1600-1935, 93–110. Routledge, 2018. http://dx.doi.org/10.4324/9781315121437-4.

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