Journal articles on the topic 'India Constitutional history'
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1
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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Kumar, Pratyush. "Review Essay: A “Countertenor’s” polyphonic rendition of the Constituent Assembly Debates." Verfassung in Recht und Übersee 54, no. 4 (2021): 552–73. http://dx.doi.org/10.5771/0506-7286-2021-4-552.
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The Indian Constituent Assembly Debates is a remarkable deliberative document to create the written constitution of the democratic republic of India based on an open society. By its very nature the text is polyphonic and had multifarious voices with a dominant and uniting trend to create a liberal constitutional state with Indian features suited to Indian conditions. The intention, and rightfully so, was not to bring about a “revolution” in the nature of a Russian, Chinese or even the French variant, soon slipping into dictatorships of either party or bureaucratic elites or charismatic individuals; but was to create a democratic polity based on liberal constitutional values drawing from India’s history and cultural conditions. This rich text running into few thousand pages is being explored in some of its aspects in the present work. Though, the tone and tenor of the present work is not representing the dominant voice of a soprano but that of a countertenor who is castrated to reach the higher octave.
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Ganguly, Sumit. "Is Empowered Hindu Nationalism Transforming India?" Current History 119, no. 816 (April 1, 2020): 123–27. http://dx.doi.org/10.1525/curh.2020.119.816.123.
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Jacobsohn, Gary Jeffrey. "Three Models of Secular Constitutional Development: India, Israel, and the United States." Studies in American Political Development 10, no. 1 (1996): 1–68. http://dx.doi.org/10.1017/s0898588x00001413.
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As a subject for serious investigation, constitutionalism in faraway places seems finally to have come of age. To appropriate the famous metaphor from the First Amendment arena that is the concern of this paper, it is as if, until relatively recently, a “wall of separation” had shielded both scholarly and judicial analysis of American constitutional issues from the experience of other polities. As a result, too often constitutional inquiry has been denied the illumination and insights of comparative research. My specific aim in this article is to explore the concept and practice of the secular constitution within three nations that are committed, albeit in different ways, to the principle of religious liberty.
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Abeyratne, Rehan. "Global constitutionalism reconfigured through a regional lens." Global Constitutionalism 10, no. 2 (July 2021): 331–50. http://dx.doi.org/10.1017/s2045381720000234.
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AbstractThis article examines how global constitutional norms are received and reconfigured by South Asian judiciaries. It makes two central claims. First, it argues that India, as the largest state in the region, acts as a filter through which Bangladesh and Sri Lanka receive both structural and rights-based global norms. Second, it contends that Bangladeshi and Sri Lankan courts adopt distinct approaches to the Indian case law. While Bangladesh mostly converges with the Indian jurisprudence, Sri Lanka engages with it but does not wholly adopt its conclusions. The article puts forward a preliminary explanation for these distinct approaches based on differences in the constitutional structures and political histories of Bangladesh and Sri Lanka vis-à-vis India.
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Chakrabarty, Bidyut. "Redrawing a Constitutional Design: The Indian Experience (1780–1950)." Indian Historical Review 45, no. 2 (December 2018): 233–56. http://dx.doi.org/10.1177/0376983617747998.
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The 1950 Constitution of India is an outcome of an ideational battle that had begun long before it was formally framed by the members of the Constituent Assembly in little less than 3 years between 1946 and 1949. Tracing its intellectual genealogy to the philosophy of Enlightenment, the article shows that the constitution heavily drew upon the liberal values of constitutionalism, which flourished in India in the wake of colonial rule. Being sensitive to the Gandhian preference for village swaraj, the founding fathers also addressed the concern of the Gandhians in the Assembly by incorporating a new chapter in the Constitution. In order to capture the complex interplay of ideas that culminated with the inauguration of the Constitution in India in 1950, the article pays adequate attention to the endeavours that the colonial rulers and their bete noire, the nationalists, had undertaken to constitutionalise India.
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Roy, Haimanti. "Testing Citizenship in the Bengal Borderlands." Current History 119, no. 816 (April 1, 2020): 128–33. http://dx.doi.org/10.1525/curh.2020.119.816.128.
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Rahman, Talha Abdul. "Identifying the ‘Outsider’: An Assessment of Foreigner Tribunals in the Indian State of Assam." Statelessness & Citizenship Review 2, no. 1 (June 29, 2020): 112–37. http://dx.doi.org/10.35715/scr2001.117.
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The State of Assam in the Union of India has a peculiar history of the movement of people from across India’s international borders into Assam. There is no credible way to arrive at specific numbers. Arrival of people in Assam has become a point that has been abused by those in power to utilise local sentiments regarding the dilution of ‘Assamese culture’. This article briefly discusses the timelines leading up to the preparation of the Assam’s National Register of Citizens that presently excludes approximately 1.9 million residents. The citizenship status of those excluded is to be determined by Foreigners Tribunals (‘FT’) functioning under the Foreigners Act, 1946 — a post-Second World War and pre-Constitution legislation whose validity is also in doubt. This article examines the Foreigners Act, 1946, as well as the constitution and performance of the FTs with reference to the yardsticks of the rule of law and constitutional values. Towards this end, the article analyses the law discernible from the judgments of the Indian Courts as well as some judgments of the Assam High Court and the FTs. It concludes by stating that the framework of adjudication by FTs is not able to keep up with the promise of effective adjudication under the Constitution of India. It calls for an urgent need for academic scrutiny of all aspects of the citizenship verification process in India.
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Nelson, Matthew J. "Constitutional Migration and the Meaning of Religious Freedom: From Ireland and India to the Islamic Republic of Pakistan." Journal of Asian Studies 79, no. 1 (November 5, 2019): 129–54. http://dx.doi.org/10.1017/s0021911819000615.
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Building on current research regarding constitutional migration, this article shows how constitutional provisions protecting religious freedom (“subject to public order”) arrived in the Islamic Republic of Pakistan, not via colonial British or traditional Islamic sources—both explicitly rejected—but via deliberate constitutional borrowing from “anti-colonial” precursors in Ireland and, especially, India. Drawing on Ernesto Laclau's notion of “empty signifiers,” the article highlights the shifting political circumstances that transformed the meaning of Pakistan's borrowed constitutional provisions. Even as core texts guaranteeing an individual's right to peaceful religious practice were imported, political, legal, and conceptual modulations ensured that specific forms of peaceful religious practice were refashioned as a source of religious provocation and, therein, public disorder. Far from protecting religious freedom, this repurposing of imported constitutional clauses tied to “the politics of public order” underpinned the formal legal restriction of an otherwise explicit right.
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Harrison, Heath. "Linguistic Equity: India’s Path to Social Justice." International Journal of Literacy, Culture, and Language Education 5 (August 6, 2017): 116–28. http://dx.doi.org/10.14434/ijlcle.v5i0.26941.
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In 2009 India passed The Right of Children to Free and Compulsory Education Act. This may be the most important legislation for democracy in India’s history. As a result of this law, the people of India have demonstrated the belief that democratic education is truly the answer to freedom and equality for every Indian citizen as 96% of all of their eligible primary aged students are currently attending free and compulsory schools (Education in India, 2014). This Constitutional law and its practical fulfillment can be clearly seen through the integration of each of India’s spoken and written languages on Nationwide Standardized Exams, in National Textbooks, and within Teachers’ Classroom Practice which will reveal how citizenship education is redefining democracy in India through linguistic equity.
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Ankit, Rakesh. "‘The Indian Maharaja under check…’: The Abolition of Privy Purses and Princely Privileges, 1967–71 and the End of an Era." Britain and the World 15, no. 2 (September 2022): 120–41. http://dx.doi.org/10.3366/brw.2022.0389.
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This article attends to the abolition of the privy purses and princely privileges of ex-rulers achieved between May 1967 to December 1971 in a controversial constitutional episode, in a period of transition for Indian democracy. Moving beyond the usual figures under focus, namely Prime Minister Indira Gandhi and her Principal Secretary P.N. Haksar, it brings to fore a wider cast of characters and their concerns during this campaign. Second, it seeks to take the established binary between the old of the Indian National Congress and the new of Indira’s Congress (Ruling) following the split in 1969, to stand for a wider generational passage of time at both international and internal levels. Third, probing this overlapping interaction, it presents it as one among final episodes of independent India emerging from its British world of 1947, whose relevance can be sketched beyond pressure politics inside a party and mass politics outside it. Finally, it presents this episode as a prism through which one can see the end of the ‘first phase’ of India’s democracy and one of its inherited institutions.
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Dequen, Jean-Philippe. "Back to the Future? Temporality and Society in Indian Constitutional Law: A Closer Look at Section 377 and Sabarimala Decisions and the Genealogy of Legal Reasoning." Journal of Human Values 26, no. 1 (January 2020): 17–29. http://dx.doi.org/10.1177/0971685819890181.
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‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart.
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DE, ROHIT. "Cows and Constitutionalism." Modern Asian Studies 53, no. 1 (January 2019): 240–77. http://dx.doi.org/10.1017/s0026749x18000422.
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AbstractCows have been the subject of political petitioning in South Asia for over a hundred years. This article examines the changing relationship between communities and the state in India through the transformation of petitioning practices—from ‘monster’ petitions, to postcard campaigns and constitutional writs—by the proponents and opponents of the cow protection movement from the late nineteenth century through to the first decades of independence. The article shows that, instead of disciplining and formalizing popular politics, petitioning provides channels for mobilization and disruption. As Hindus and Muslims engaged in competitive petitioning to rally a public, persuade the executive, or litigate through the courts, the question of cow slaughter was recast from one of community representation to religious belief, to property rights, to federalism, and, finally, questions of national economic development. In the absence of representative government in colonial India, Hindus for cow protection generated massive petitions which argued that they represented popular democratic will. Despite the lack of a constitution, Muslim petitioners sought to establish a judicially enforceable framework to protect their right to cow slaughter. Independence, which brought both democracy and a written constitution, caused a fundamental break with older claims and forms of petitioning, and led to both Hindus and Muslims seeking to settle the debate through writ petitions before constitutional courts.
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CHOUDHURY, D. K. LAHIRI. "Sinews of Panic and the Nerves of Empire: the Imagined State's Entanglement with Information Panic, India c.1880–1912." Modern Asian Studies 38, no. 4 (October 2004): 965–1002. http://dx.doi.org/10.1017/s0026749x0400126x.
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This is a narrative of events and panics in India in 1907: the fiftieth anniversary of 1857. After the East India Company's political ascendancy in 1757, the uprisings and insurrections of 1857 shook the very foundations of British rule in India. In the summer of 1907, several different strands of protest came together: the nearly all-India telegraph strike was barely over when a revolutionary terrorist network was unearthed, bringing the simmering political cauldron to the boil. The burgeoning swadeshi and boycott movement splintered, partly through the experience of Government repression, into political extremism within the Indian National Congress and revolutionary terrorism via secret societies. The growing radicalism within nationalist politics culminated in the split of the Congress at the meeting at Surat in 1907. Through this process the Indian National Congress changed from its constitutional and elite politics of reform into a more popular and mass-oriented organization. Though much has been written about this period of Indian politics, this paper delineates the larger international technological and informational entanglement through a case study of India, and in particular, Bengal.
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Brahmanandam, T. "Review of the 73rd Constitutional Amendment: Issues and Challenges." Indian Journal of Public Administration 64, no. 1 (February 15, 2018): 103–21. http://dx.doi.org/10.1177/0019556117735461.
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The article makes a modest attempt in ascertaining the functional aspects of Panchayati Raj Institutions, especially in the aftermath of the 73rd Constitutional Amendment. After a brief review of the history of local self-government in the pre- and post-Independence India, an attempt is made to figure out the present system of the panchayat governance in India. The operational aspects of the three-tier structure of panchayats are brought out along with the impediments that hamper their effective functioning. Feedbacks from across the state of Karnataka have been taken into consideration while suggesting the corrective measures. Mere identification of the functions of panchayats does not imply anything substantial without the effective back-up of financial decentralisation. The dominance of upper castes still hovers over and is a threat to the inclusive participation of deprived sections of the society.
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Gandee, Sarah. "(Re-)Defining Disadvantage: Untouchability, Criminality and ‘Tribe’ in India, c. 1910s–1950s." Studies in History 36, no. 1 (February 2020): 71–97. http://dx.doi.org/10.1177/0257643019900089.
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In contemporary India, the arena of identity politics and ‘reservations’ is highly contentious, with groups clamouring for official recognition within the categories of Scheduled Caste, Scheduled Tribe or Other Backward Class. This article sheds new light on the wider processes of inclusion and exclusion among these categories by delineating the contested position of the so-called ‘criminal tribes’ within this framework. Until the 1920s, these criminalized communities were generally positioned as a separate group alongside ‘untouchable’ and ‘tribal’ communities, each of which was considered to have faced particular forms of disadvantage which demanded certain protections and ‘uplift’. Between the 1920s and 1950s, however, this distinct status was withdrawn amid debates over the boundaries, purpose and indeed responsibilities of representation within the evolving framework of group rights. While there was continued recognition of their distinct status in debates over definitions of disadvantage (in terms of a shared history of criminalization), this did not translate into official recognition as a separate category of disadvantaged citizen after independence, thereby complicating these communities’ ability to access the preferential policies inaugurated by the independent constitution in 1950. The article challenges the idea that these political categories are innate or fixed, and simultaneously historicizes the demands of the denotified (ex-‘criminal’) and nomadic tribe movement, which today campaigns for a separate constitutional classification within the ‘reservations’ regime.
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Rahmath, Ayshath Shamah, Raihanah Mohd Mydin, and Ruzy Suliza Hashim. "Archetypal Motherhood and the National Agenda: The Case of the Indian Muslim Women." Space and Culture, India 7, no. 4 (March 29, 2020): 12–31. http://dx.doi.org/10.20896/saci.v7i4.590.
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The grand narratives of Mother India posit women’s emancipation as the central concern, insisting on her public participation in the educational and economic sectors. The relegation of the archetypal motherhood to the national periphery is strictly rooted in the Hindu traditional culture. The schisms of caste, class, and religion in contemporary society are normalised whilst the gendered undercurrents of domestic violence, chauvinism and religious sensibilities are ignored. Such polished idealisms are, in fact, far from the living reality of most women and girls across all spheres in the country. By reviewing notable texts from past and present, this research problematises the position of Muslim women in India, specifically during the nationalistic discourse and post-independent era. The national freedom struggle movement assured a democratic constitution, which primed Mother India as the figurative Indian woman encrypting ideologies from socio-religious discourses. The grand narratives often become instrumental in politicising the vested interest of the hegemonic class. The struggles of Muslim women were foregrounded not only in the gendered disparity of the religious domain but also in the socio-cultural disparities which excluded them from the domain of Indian womanhood. Mainstream history, literature and even women development organisations deliberately typified Muslim women along with the religious discourse. Briefly, in this paper, we infer that Muslim women were rendered invisible in the limelight of the archetypal Mother India, denying their social, political, cultural and literary participation. They were thus subjected to constitutional othering by the mainstream socio-political entities (who subjected them) at the onset of nationalism, which continues to exist in post-colonial discourses where women are expected to constantly negotiate their religious identity over their national identity.
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Kumar, B. Muthu. "Docket Control in the Apex Court Exercising Constitutional Review." Christ University Law Journal 7, no. 1 (January 1, 2018): 59–82. http://dx.doi.org/10.12728/culj.12.4.
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Globally, there was a dramatic and disproportionate increase in caseloads in the second half of the twentieth century due to the expansion of human rights jurisprudence and legal awareness among citizens. This in turn, affected the quality of justice in the Apex Court of every country involved in the process of constitutional review. It was found that there cannot be any generalization in designing a Constitutional Court and it all depended on the constitutional and legal history of that particular nation. In many countries, the legislature and executive brought timely reforms to keep the Apex Court free from backlogs, but some countries, even today, are reeling under the pressure of unresolved cases. India is one among them and of late, the discussion about the National Court of Appeal (NCA) as a solution to this problem has gained momentum. This paper analyses the feasibility of establishing the NCA, along with measures that can be adopted by India, in tackling the mounting arrears of cases in Courts, following the American model of review such as U.S., Canada, Japan, and Brazil.
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CHATTERJEE, PARTHA. "THE CURIOUS CAREER OF LIBERALISM IN INDIA." Modern Intellectual History 8, no. 3 (September 27, 2011): 687–96. http://dx.doi.org/10.1017/s1479244311000412.
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There is a long-standing myth that the history of modern India was foretold at the beginning of the nineteenth century by British liberals who predicted that the enlightened despotic rule of India's new conquerors would, by its beneficial effects, improve the native character and institutions sufficiently to prepare the people of that country one day to govern themselves. Lord William Bentinck, a disciple of Jeremy Bentham, while presenting as governor-general his case for the opening up of India to European settlers, speculated on the possibility of “a vast change to have occurred in the frame of society . . . which would imply that the time had arrived when it would be wise for England to leave India to govern itself”, but added that such change “can scarcely be looked for in centuries to come”. The doctrinal basis within liberal theory for justifying a democratic country like Britain exercising despotic power in colonies such as Ireland and India was securely laid out by mid-century liberals such as John Stuart Mill. The project of “improvement” was revived at the end of the nineteenth century by Gladstonian liberals who inducted elite Indians into new representative institutions based on a very narrow franchise in preparation for some form of self-government. When power was ultimately transferred to the rulers of a partitioned subcontinent in 1947, the history of liberal progress in India was complete. The storyline was laid out, for instance, in Thompson and Garratt's Rise and Fulfilment of British Rule in India or in Percival Spear's revised edition of the hugely successful textbook by Vincent Smith. Even nationalist Indian scholars adopted at least a part of this story, nowhere more so than in the histories of constitutional law which traced the foundations of the postcolonial Indian republic to the progressive expansion of liberal state institutions under British rule.
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Bhattacharjee, Saurabh. "From Francis Coralie Mullin to Swaraj Abhiyan: Adding Multidimensionality to the Conditional Social Right to Food." Christ University Law Journal 6, no. 1 (January 1, 2017): 21–40. http://dx.doi.org/10.12728/culj.10.2.
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Global hunger is widely seen as one of the foremost threats to humanity. The Constitutionality of the Right to Food has been a long-standing debate within the Indian Subcontinent as there is no explicit mention of the said right. Through various judicial pronouncements over a relatively long period of time, the right to food has been construed to be constitutionally ingrained. This paper explores the history of the right to food as a fundamental right in India, as per the Constitution. It analyses landmark cases on the right to food and examines the fundamental right to food, in terms of state obligations. Is the impact of the entrenchment of the right to food as a fundamental right, limited only to its symbolic meaning? Or has such right substantively shaped the contours of governmental policies too? What are the remedial interventions that the judiciary has made in view of the constitutional right to food? These are questions that the paper will explore. In this process, the paper will parse various judicial orders on the right to food and identify whether there are justiciable entitlements that presumptively constitute the core of the right. Further, the paper shall also highlight the multidimensionality of the right to food and illustrate that starting with Francis Mullin in the 1980s, to Laxmi Mandal and Swaraj Abhiyan in this decade. The courts have, through the above mentioned judgments, underscored the interrelatedness between the rights to food, health, shelter and right to work.
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Lerner, Hanna. "Critical Junctures, Religion, and Personal Status Regulations in Israel and India." Law & Social Inquiry 39, no. 02 (2014): 387–415. http://dx.doi.org/10.1111/lsi.12068.
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The article aims at advancing our understanding of critical junctures in the evolution of religious/secular regulations, referring to those moments in history when one particular arrangement is adopted among several alternatives, establishing an institutional trajectory that is resistant to change in the following years. It traces the regulation of personal status laws in Israel and India, which, despite attempts by political leaders at time of independence to defer clear choices regarding the role of religious law, became generally entrenched in later decades. Based on the Israeli and Indian cases, and in contrast with common approaches, the article demonstrates how decisions made by influential political actors during the foundational stage of the state appear difficult to reform, regardless of the content of these decisions—whether they introduce a radical change or maintain existing practices—or the level of decision making—whether constitutional or ordinary parliamentary legislation.
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Baruah, Aparajita. "The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: A Review." Space and Culture, India 1, no. 3 (March 1, 2014): 9. http://dx.doi.org/10.20896/saci.v1i3.41.
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Manual scavenging is a caste-based and hereditary occupation for Dalits (untouchables), which is predominantly linked with forced labour or slavery. In this article, an attempt has been made to trace out the brief history of the practice of manual scavenging in India. The author has also dwelt upon the constitutional commitment as well as measures taken up by the successive governments to improve the conditions of this class of people. The hallmark of the article lies in the detailed analysis along with some suitable suggestions on the Prohibition of Employment as Manual Scav-engers and their Rehabilitation Act, 2013 recently enacted by the Parliament of India.
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Čičak-Chand, Ružica. "Obilježja multikulturalizma i sekularizma u indijskom društvu." Migracijske i etničke teme / Migration and Ethnic Themes 37, no. 1 (2021): 47–71. http://dx.doi.org/10.11567/met.37.1.3.
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In the context of research into the relationship between secularism and multiculturalism in contemporary India, this paper points to their specific interrelatedness and the distinctive Indian approach to secularism through the idea of a principled distance as a way to adjust to religious pluralism that has a close affinity with multiculturalism. Contrary to opinions that secularism is alien to the Indian civilisation, by a selection of instances through Indian history, the paper illustrates the broader meaning of “Indian” religious and secular thinking and also points to the significance of interaction among various religious cultures and subcultures, particularly between Hinduism and Islam/Sufism. However, the paper focuses on the analysis of Indian constitutional secularism and legally warranted multiculturalism. Debates on multiculturalism follow two distinct directions: the first examines multiculturalism as a state policy in the form of federalisation of its political system, whereas the second is concerned with the meaning of multiculturalism and its implications for the issues of individual and group rights, culture, religion, and secularism. It also touches upon the influence of the British colonial rule on the shaping of interreligious relations in independent India. The last section questions the ascendancy of Hindu nationalism, particularly in view of the rise to power of the Bharatiya Janata Party (BJP) in 2014, its appropriation of the new “idea” of India, especially the Hindu nationalist narrative, which endangers India’s official ideology of secularism, as well as the position of the minorities, in particular of the Muslim minority. The article is divided into seven sections. The Introduction outlines, in general, the main distinction between secularism and multiculturalism and their relationship, referring to the two principal approaches to secularism: (1) neutrality between different religions, and (2) prohibition of religious associations in state activities. Indian secularism tends to emphasise neutrality in particular rather than prohibition in general. The second section, Traces of the Indian Secular Thought through History, examines the view, particularly pervasive among Hindutva supporters, that secularism is alien to the Indian civilisation from the perspectives of history and philosophy, which both provide evidence that “the constituents of secularism which make up the concept are not alien to Indian thought” (Thapar, 2013: 4). In this context, the most evoked name in connection with religious tolerance is that of Ashoka Maurya, who in his edicts called not only for the co-existence of all religious sects but also for equal respect for those who represented them. Many centuries later, Moghul Emperor Akbar supported dialogue across adherents of different religions, including atheists. He laid the formal foundations of a secular legal structure and religious neutrality of the state. The paper here also points to the significance of interaction among various religious cultures and subcultures, the more so between Hinduism and Islam/Sufism. It focuses on extending the meaning of “Indian” religion in the sense that it includes multiple religions, such as Brahmanism, Buddhism, Jainism, Bhakti, Shakta, Islam/ Sufism, Guru-Pir tradition, which, but for Brahmanism, challenge orthodoxy by giving greater weight to social ethics rather than to prescriptive religious texts. The third section, Multiculturalism in Indian Context, refers to the Indian legally warranted multiculturalism and relating debates followed by two distinct directions. The first examines multiculturalism as a state policy in the form of federalisation of its political system; a process which involves the political accommodation of ethnic identities, which remains the most effective method of management and resolution of conflicts. The second direction is concerned with the meaning of multiculturalism and its implications for the issues of individual and group rights, culture, religion, secularism. According to Rajeev Bhargava (1999: 35, 2007), cultural particularity might undermine the “common foundation for a viable society”, and might also lessen individual freedom, thus invalidating the values of liberal democracy. From there follows the question of constitutional protection of personal laws of religious communities, which is, in a way, in collision with the primary secular identity, that of a citizen (Thapar, 2010, 2013). The fourth section, Characteristics of Indian Secularism, analyses in some detail the Articles of the Indian Constitution concerned with the basic understanding of secularism, i.e., that religion must be separated from the state “for the sake of religious liberty and equality of citizenship.” The analysis indicates that, while some Articles (Indian Constitution, Articles 25–26) depart from the mainstream western secularism, others are close to the Western liberal leanings, like those stipulating that the state will have no official religion (constitutional amendment 42) or that no religious instruction will be allowed in educational institutions maintained wholly out of state funds, as well as that no person attending any educational institution receiving financial aid from state funds shall be required to take part in compulsory attendance at religious instruction or worship (Articles 27–28/1/). But, more specifically, the idea of a principled distance from religious pluralism points to India’s highly contextual, thus distinctively Indian, version of secularism. The fifth section, The Question of Indian Identity, argues that, with the inauguration of democracy in India, multiculturalism was adopted as a policy of recognising and respecting diversity, guaranteeing the protection and rights of minorities and positive discrimination for the historically marginalised, and emphasising intergroup equality, while leaving the issue of intragroup equality somewhat aside. In the last section, Challenges of Hindu Nationalistic Ideology, the author points to some manifestations of the current ascendency of Hindu nationalism, particularly resulting from the Bharatiya Janata Party coming to power in 2014, such as the increasing identification of state leaders with Hindu cultural symbols and, at the same time, decreasing official support for the public festivals of minorities, Mus lims and Christians in the first place. According to Hindu nationalists, most Muslims and Christians are converts from Hinduism and should therefore recognise the precedence of the Hindu culture in India. Anti-Muslim prejudice in India stems not from the ideas of their racial or cultural differences but, above all, from questioning their loyalty to India. Here emerges the question of the “secular nationalism” of the Congress Party as opposed to the “Hindu nationalism” of the Bharatiya Janata Party, which insists on Hinduism as the essential token of the Indian national identity, implying cultural and political pre-eminence of Hindus in India. The Conclusion summarises some of the main points regarding the relationship between secularism and multiculturalism in the Indian context, indicating that despite the present challenges that Hindu nationalism poses to both, “…the Indian experience suggests that some form of moderate secularism will continue to remain necessary as a state framework to check the advance of religious majoritarianism” (Bajpai, 2017: 224). The author assumes that the article offers some constructive avenues for future studies on secularism and multiculturalism, which should not only provide further insights into the Indian case but also enhance the understanding of the varieties of secular trajectories worldwide, as well as their implications for democracy.
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Shaikh, Farzana. "Muslims and Political Representation in Colonial India: The Making of Pakistan." Modern Asian Studies 20, no. 3 (July 1986): 539–57. http://dx.doi.org/10.1017/s0026749x0000785x.
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One of the principal difficulties in arriving at a constitutional settlement in India during the 1940s stemmed from the inherent conflict between Congress's emphasis upon the principle of majority rule and fluid political alignments and the Muslim League's commitment to the Islamic conviction that numerical configurations were irrelevant to politics and that what mattered was the rigid ideological divide between Muslims and non-Muslims.
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Hembram, Bhadab. "TRIBAL EDUCATION IN INDIA: GOVERNMENT INITIATIVE." SCHOLARLY RESEARCH JOURNAL FOR HUMANITY SCIENCE AND ENGLISH LANGUAGE 9, no. 46 (August 1, 2021): 11427–36. http://dx.doi.org/10.21922/srjhsel.v9i46.6654.
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India is a country of multi-racial groups which is reflected by different cultures, religions, languages and racial groups. These social groups are at different levels of development. The Scheduled Tribe is one of the principle groups which have a history of discrimination. They are economically, politically and educationally backward. Right from independence Government of India has taken many progressive initiatives for the holistic developmental of the tribal. In this endeavour, the Right to Education bill 2009 was a landmark step in realizing the cherished goal of universal elementary education which will also certainly help tribal community. It is a well established fact that there is a close relationship between level of education and economic prosperity. An educated person is given more respect and than an uneducated. So receiving education is essential for every individual. Education is considered as one of the important tool for the socio-economic development of tribal. This paper attempts to highlight different constitutional safeguards and promotive schemes undertaken by the Government India for empowerment of education among tribal .
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Dasgupta, Sreemoyee. "Child Labour in India: Literary Representations along the Trajectory of Nation." International Research in Children's Literature 11, no. 2 (December 2018): 160–72. http://dx.doi.org/10.3366/ircl.2018.0272.
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This paper will examine literary representations of children as earning members of society against the history of child labour in India, as a means of understanding the relationship between class, labour, nationalism and childhood. It is part of my ongoing attempt to examine formulations of childhood in the Global South as a way of engaging with the concept of ‘multiple childhoods’ and examining their position vis-à-vis global, universal (and, according to scholars like Emer O' Sullivan, Western) paradigms of childhood. In the wake of The Child Labour (Prohibition and Regulation) Amendment Bill, 2016, the historical and constitutional journey India embarks on is examined, beginning with the Indian Factory Act, 1881, along the path of its nascent nationhood, to The Child Labour (Prohibition and Regulation) Act of 1986 and the subsequent Amendment. The focus is on Mulk Raj Anand's Coolie and Anita Desai's The Village by the Sea as texts which portray two different modes of thinking about labouring children. Applying Viviana Zelizer's definitions of the ‘uselessness’ and ‘usefulness’ of children, my paper studies these two literary representations of useful childhood in India, published at different points in India's journey as a nation, in a political and historical continuum within which the futurity of a young country is embodied by the willing labour of youth.
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Wagner, Joseph. "The Scottish East India Company of 1617: Patronage, Commercial Rivalry, and the Union of the Crowns." Journal of British Studies 59, no. 3 (July 2020): 582–607. http://dx.doi.org/10.1017/jbr.2020.38.
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AbstractThe history of the Scottish East India Company of 1617 is a history of partnerships and rivalries within and between Scotland and England. The company was opposed by the merchants of the royal burghs in Scotland and by the East India Company, Muscovy Company, and Privy Council in England. At the same time, it was supported by the Scottish Privy Council and was able to recruit Dutch, English, and Scottish investors. The interactions between these groups were largely shaped by the union of the crowns, which saw James VI accede to the thrones of England and Ireland and move his court to London. Scotland was thus left with an absentee monarch, decreasing the access of Scottish merchants to the king while increasing the importance of court connections in acquiring that access. Regal union also created opportunities for Scots to become part of the London business world, which, in turn, could lead to backlash from English interests. Having developed in this context, the Scottish East India Company speaks to how James VI and I approached patronage and policy in his multiple kingdoms, how commercial rivalries developed in England and Scotland, and how trading companies played a role in constitutional developments in Stuart Britain.
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Rather, Aqib Yousuf. "The Opinion of Dr B. R. Ambedkar on Village Panchayats." Journal of Image Processing and Intelligent Remote Sensing, no. 12 (November 26, 2021): 8–15. http://dx.doi.org/10.55529/jipirs.12.8.15.
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The village panchayat is the most traditional form of local government in the Indian subcontinent. In its literal sense, the word "panchayat" refers to a group of five (or "Panch") respected and wise elders who have been elected by the people of a certain area. Historically, these assemblies have been used to resolve disagreements between communities and individuals. Local self-government was established in Bombay in 1869 when the British established a district local fund. With the formation of district local boards in 1882, Lord Ripon instituted local self-government in India. A modest attempt is made in this article, following the 73rd constitutional amendment, to identify the operational characteristics of panchayati raj entities. M. K. Gandhi's "Gram Swaraj" and Dr. B. R. Ambedkar’s wholly opposed position on the intrinsic defects of villages that prohibit panchayats from forming as institutions of self-government dominate India's post-independence discourse on local self-government. To better comprehend India's contemporary panchayat governance structure, an introduction to the country's history of local self-government before and after independence is provided. To better understand panchayats' three-tier structure, the impediments to their efficient operation are underlined. Finding out the roles of panchayats is of limited use without enough financial decentralization. As long as those at the top of society have power, they make it hard for the poor to join in. Thus the aim of the study is to highlight the views of architect of Indian constitution on village panchayats.
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Salaskar, Vidya, Gauri Pradhan, Anurita Pais, Chaitali Kadam, and Sunmeet Matkar. "Evaluation of constitutional chromosomal abnormalities: experience of a tertiary healthcare diagnostic laboratory in India." International Journal of Research in Medical Sciences 5, no. 12 (November 25, 2017): 5293. http://dx.doi.org/10.18203/2320-6012.ijrms20175443.
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Background: Structural and numerical chromosomal aberrations contribute significantly to genetic disease. Unbalanced aberrations are associated with congenital anomalies, mental retardation and underdevelopment of secondary sexual characters while balanced structural chromosomal abnormalities contribute to an increased risk for infertility, bad obstetric history and chromosomally unbalanced offspring with multiple congenital abnormalities and intellectual impairment. Aim of the current study was to determine the prevalence and characterization of cytogenetic aberrations in 8445 cases referred during the years 2010-2013 for cytogenetic evaluation.Methods: Metaphase chromosomes from 72-hour blood lymphocyte culture were prepared for Giemsa-Trypsin-G banding. Characterization of marker chromosomes were done by M-FISH and subtle chromosomal aberrations were evaluated by targeted FISH using centromeric probes for chromosome 13,18,21, X and Y and loci specific probes for microdeletion syndromes and SRY gene.Results: Variant forms of trisomies i.e. partial trisomies were seen in cases with Edwards and Patau syndrome. Sex chromosomal abnormalities associated with puberty and reproductive problems were seen in cases with Turner syndrome, Klinefelter syndrome and also in females with primary amenorrhea. Autosomal reciprocal translocations were the most common chromosomal changes in couples with recurrent abortions. In order to increase the diagnostic yield and evaluate variations, FISH and m-FISH were additional tests done to characterize the genetic variations.Conclusions: Along with Karyotyping SRY, XIST, SHOX9 gene analysis and Y microdeletion analysis are also critial tests to assess the possibilities for normal development or assisted reproduction in individuals with sex chromosomal abnormalities.
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Parshina, L. S. "Regional analysis of aspirant states in India." Regional nye issledovaniya 74, no. 4 (2022): 46–54. http://dx.doi.org/10.5922/1994-5280-2021-4-4.
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The article examines the history of the formation of the administrative-territorial structure of India and the constitutional foundations of the formation of new states. Investigated the aspirant states in India, presented a figure of their location on the territory, identified the principles on which they are based (ethnolinguistic, economic development of the territory, rationalization of management, cultural and historical) and two groups of principles are defined – «cultural and historical» and «economic and administrative». Shown that the movements for the creation of new states are contrary to the official ethnolinguistic principle. Presented the typology of the aspirant states which is composed according to a number of socio-economic, demographic and natural characteristics that affect the population quality life (population density, urban population, Human Development Index, Multidimensional Poverty Index, share of scheduled castes and tribes, unemployment, access to clean drinking water, forestry area, production of major crops, household electrification, road density, number of cities with a population more than 500,000) for each district in the aspirant state. The relationships between the internal division of states into cultural, physical-geographical, historical and administrative regions and proposals for the creation of new states are determined.
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Iqbal, Aamir. "Problems and Challenges faced by Panchayati Raj Institutions in the Union Territory of Jammu & Kashmir." Shanlax International Journal of Management 8, S1-Feb (February 26, 2021): 79–84. http://dx.doi.org/10.34293/management.v8is1-feb.3761.
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The creation of the institution of Panchayati Raj was a landmark in Indian history for democracy to percolate deep down to the grass-root level. It is seen as a mechanism through which the unheard’s voice could find a place in the planning and implementation process. The 73rd Constitutional Amendment Act, 1992, passed by the union government of India becomes the Panchayati Raj law, on April 24, 1993. This amendment act gave the constitutional status to the Panchayats. The power of the local bodies to govern and manage local issues is the highest level of democracy observed in India. Its outcome is the people’s involvement in running their affairs, which results in direct and participatory democracy at a local level, whereas at the national level, it is a parliamentary democracy. The concept of Panchayati Raj in Jammu and Kashmir is the original one; it was the Maharaja Hari Singh, the ruler of the erstwhile state, who introduced the concept of Panchayati Raj in the state in 1935 when he enacted the first Village Panchayati Regulation Act No 1. To see the development concerning the Panchayati Raj in other states of the nation, the government later came with new and comprehensive legislation, which is called the Jammu and Kashmir Panchayati Raj Act 19891. Even though Panchayati raj institutions provide opportunities to the local people to participate in the political and development process at the grass-root level, but these institutions still do not work suitably in the Union Territory of Jammu & Kashmir.The present paper deals with the problems and challenges faced by the representatives of these institutions and emphasize the effect of militancy in the proper functioning of these institutions in the union territory of J&K.
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Chander, Sunil. "Congress—Raj Conflict and the Rise of the Muslim League in the Ministry Period, 1937–39." Modern Asian Studies 21, no. 2 (April 1987): 303–28. http://dx.doi.org/10.1017/s0026749x00013822.
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The Government of India Act of 1935 was a constitutional device meant to extend the Raj's political alliances in Indian society. The Congress Party, on the other hand, construed the Act as a new challenge to the demand for independence. The authorities discovered that the Congress ministers’ primary loyalties lay with the imperatives of the party and not with the constitutional arrangement. Concern on this account was heightened by the resurgence of ground-level Congress activism. The Congress strengthened and expanded its volunteer organization while it governed the provinces. If the formal party institutions were weakened by corruption and factionalism during the ministry period, its grass-roots cadres were revitalized and mobilized opinion against compromises with the Raj, strengthening the ministers’ hands in any major clashes with the authorities. The latter were disturbed by links between the Congress ministers and party activity hostile to the Raj, even though a certain convergence of Congress and British interests kept the experiment of provincial autonomy going. The official response to this situation consisted, at one level, of making expedient concessions.But the authorities explored an alternative possibility as well. The Muslim League, which emerged as a mass party after 1937, was not exactly an ally, but it offered the most powerful resistance to the possibility of total mobilization under the Congress.
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Giladi, Rotem. "Corporate Belligerency and the Delegation Theory from Grotius to Westlake." Grotiana 41, no. 2 (December 17, 2020): 349–70. http://dx.doi.org/10.1163/18760759-41020006.
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Abstract This article starts with a critical reflection on John Westlake’s reading of the history of empire and the English/British East India Company – for him, essentially, the proper concern of ‘constitutional history’ rather than international law. For Westlake, approaching this history through the prism of nineteenth-century positivist doctrine, the Company’s exercise of war powers could only result from state delegation. Against his warnings to international lawyers not to stray from the proper boundaries of international legal inquiry, the article proceeds to recover Hugo Grotius’s theory of corporate belligerency in his early treatise De iure praedae. For Grotius, corporations could wage public war on behalf of the state yet, at the same time, were in law capable of waging private war in their own right. The article proceeds to reflect on the practice of corporate belligerency in the centuries separating Westlake and Grotius; it concludes with observations on the implications of Grotius’s theory of corporate belligerency today.
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Pradhan, David, and Haris Haris. "Religious tolerance in multifaith democracies: a comparative legal study of Indonesia and India." Legality : Jurnal Ilmiah Hukum 29, no. 1 (February 2, 2021): 46–62. http://dx.doi.org/10.22219/ljih.v29i1.14694.
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This exploratory research Article, based on secondary sources, undertakes a comparative legal study of the Constitutional and statutory provisions as well as recent jurisprudential developments in India and Indonesia for the promotion of religious tolerance in the two diverse, multifaith democracies with a history of social conflict and highly contested religious politics. By adopting the functional method for the comparative legal analysis of the two jurisdictions from Civil Law (Indonesia) and Common Law (India) traditions, the implemental convergence and functional equivalence of the penal laws for preventing communalism and promoting inclusivity and religious amity among the different religious communities in the two States has been elucidated. At the same time, the conceptual and doctrinal differences in jurisprudential understanding of the content, extent, and mechanism for preserving inter-faith amity in the two jurisdictions have been posited to be the result of the divergences in the post-colonial historical trajectories of the two States
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Dey, Mini. "Insurgency and Counterinsurgency: Case Study of Manipur." European Journal of Interdisciplinary Studies 3, no. 3 (May 19, 2017): 49. http://dx.doi.org/10.26417/ejis.v3i3.p49-59.
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The Indian army, from the colonial era has been trained for conventional warfare. They have been used to curb the internal disturbances caused by non-state actors especially against insurgencies in Kashmir and the Northeast. Currently in northern part of India insurgency is the main problem and creates the war like situations like curfew and strike, sometimes which clearly challenges the model of democracy. Insurgency is an organized movement aimed to overthrow or destruct the constitutional government by the use of subversion, terrorism as well as armed conflict. And similar attempts by the state to crush them is known as counterinsurgency. This counterinsurgency often changes its nature to repression and human right violations. The northeast region of India comprised of eight states: Assam, Nagaland, Arunachal Pradesh, Mizoram, Tripura and Sikkim and all eight states have been poorly connected to the mainland India. but all of them has been surrounded by major countries like China, Myanmar, Bangladesh and Bhutan. it is very unfortunate to see that the numbers and information of the entire region is not sufficiently analyzed and communicated to the center, which creates the further misinformation, mismanagement and alienation. At another level, these all conflicts contribute to the violent forms, it has not only affects the Indian sovereignty but also affects the life of various people living in the entire region. As of now, among all of the eight states Manipur remains the most violent states in the north-east India. Manipur comes under the armed forces special power act, 1958. which had made the situation of Manipur from bad to worst. In this paper, I will critically analyze the history of Manipur with respect of AFSPA,1958 violations of human rights, role of Irom Chanu Sharmila also known as the "Iron Lady" or "Mengoubi” who has been on hunger strike for the 16 years to safe guard the rights of people of Manipur from the draconian law of AFSPA and the actions of Indian government.
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Dey, Mini. "Insurgency and Counterinsurgency: Case Study of Manipur." European Journal of Interdisciplinary Studies 8, no. 1 (May 19, 2017): 49. http://dx.doi.org/10.26417/ejis.v8i1.p49-59.
Full textAbstract:
The Indian army, from the colonial era has been trained for conventional warfare. They have been used to curb the internal disturbances caused by non-state actors especially against insurgencies in Kashmir and the Northeast. Currently in northern part of India insurgency is the main problem and creates the war like situations like curfew and strike, sometimes which clearly challenges the model of democracy. Insurgency is an organized movement aimed to overthrow or destruct the constitutional government by the use of subversion, terrorism as well as armed conflict. And similar attempts by the state to crush them is known as counterinsurgency. This counterinsurgency often changes its nature to repression and human right violations. The northeast region of India comprised of eight states: Assam, Nagaland, Arunachal Pradesh, Mizoram, Tripura and Sikkim and all eight states have been poorly connected to the mainland India. but all of them has been surrounded by major countries like China, Myanmar, Bangladesh and Bhutan. it is very unfortunate to see that the numbers and information of the entire region is not sufficiently analyzed and communicated to the center, which creates the further misinformation, mismanagement and alienation. At another level, these all conflicts contribute to the violent forms, it has not only affects the Indian sovereignty but also affects the life of various people living in the entire region. As of now, among all of the eight states Manipur remains the most violent states in the north-east India. Manipur comes under the armed forces special power act, 1958. which had made the situation of Manipur from bad to worst. In this paper, I will critically analyze the history of Manipur with respect of AFSPA,1958 violations of human rights, role of Irom Chanu Sharmila also known as the "Iron Lady" or "Mengoubi” who has been on hunger strike for the 16 years to safe guard the rights of people of Manipur from the draconian law of AFSPA and the actions of Indian government.
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SEHGAL, MANU, and SAMIKSHA SEHRAWAT. "Scandal in Mesopotamia: Press, empire, and India during the First World War." Modern Asian Studies 54, no. 5 (October 24, 2019): 1395–445. http://dx.doi.org/10.1017/s0026749x18000215.
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AbstractBy providing the first comprehensive account of the role of the British and Indian press in war propaganda, this article makes an intervention in the global history of the First World War. The positive propaganda early in the war, intertwined with a rhetoric of loyalism, contrasted with how the conservative British press affixed blame for military defeats in Mesopotamia upon the colonial regime's failure to effectively mobilize India's resources. Using a highly emotive and enduring trope of the ‘Mesopotamia muddle’, the Northcliffe press was successful in channelling a high degree of public scrutiny onto the campaign. The effectiveness of this criticism ensured that debates about the Mesopotamian debacle became a vehicle for registering criticism of structures of colonial rule and control in India. On the one hand, this critique hastened constitutional reforms and devolution in colonial India and, on the other, it led to demands that the inadequacy of India's contribution to the war be remedied by raising war loans. Both the colonial government and its nationalist critics were briefly and paradoxically united in opposing these demands. The coercive extraction of funds for the imperial war effort as well as the British press's vituperative criticism contributed to a post-war, anti-colonial political upsurge. The procedure of creating a colonial ‘scandal’ out of a military disaster required a specific politics for assessing the regulated flows of information, which proved to be highly effective in shaping both the enquiry that followed and the politics of interwar colonial South Asia.
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Othan, Eyyup. "Ahtar Gazetesi’nin Doğuş Serüveni ve İran Matbuatındaki Yeri ve Öneminin İncelenmesi." Journal of Social Research and Behavioral Sciences 8, no. 16 (June 20, 2022): 34–50. http://dx.doi.org/10.52096/jsrbs.8.16.3.
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In this study, the place occupied by Akhtar newspaper in the Iranian printing press and the rationale for its emergence and publication adventure were examined by focusing on the importance of the newspaper. Ahtar has been a unique newspaper that has been growing in influence and surroundings since the first day it started publication. So much so that the group gathered around him was called the Ahteri sect. The newspaper has become a pioneer and model for Persian-language newspapers that will be published both outside Iran and inside Iran after him. The topics covered in the Ahtar newspaper range from politics to law, from literature to history, from education to trade. In order to enlighten Persian speakers in the political field, Akhtar has explained concepts such as civilization, freedom, equality, nation, homeland and ittihad-ı Islam and reinterpreted them by observing the conditions of the period. Ahtar newspaper informed people in Iran, the Caucasus, and India about these issues by including constitutional and constitutional debates in the Ottoman Empire in the newspaper. Key Words: Ahtar Newspaper, Persian, Iranian Printing Press, Ottoman Empire
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Victoria, O. Argo, and Fadly Ameer. "Systems and Political Development in Malaysia." Jurnal Akta 5, no. 3 (September 15, 2018): 661. http://dx.doi.org/10.30659/akta.v5i3.3271.
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Malaysia is a country in Southeast Asia with an area of 329 758 km2 and a population in 2007 amounted to 27.17 million. Of the total population in 2007, 60% are ethnic Malay “Bumiputera”, 26% ethnic Chinese, 8% Indians, 5% other ethnic Bumiputera, and 1% other ethnic groups such as Arabic, Sinhalese, Eurasian and Europe.[1] Under the constitution, Malays are Malaysian citizens who practice a traditional Malay, Melayu Language, and Muslim. Approximately 25% of the Malaysian population is Chinese, and 7% is made up of India. Almost 85% of the races Indians in Malaysia are Tamil community. More than half the population of Sarawak and Sabah 66% of the population consists of non-Malay indigenous people. The entry of another race to some extent reduce the percentage of indigenous population in the two states. In addition, Malaysia also has a population that comes out of Europe and the Middle East. Malaysia's population density is not distributed evenly, with 17 million of the 25 million people living in Peninsula Malaysia.Keywords: Malaysia; Politic; Constitutional.[1] Barbara Watson Andaya and Leonard Andaya, 1983, History of Malaysia, Petaling Jaya: Macmillan Publishers, p. 6-7
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MENON, NANDAGOPAL R. "Communal Harmony as Governmentality: Reciprocity, peace-keeping, state legitimacy, and citizenship in contemporary India." Modern Asian Studies 49, no. 2 (August 20, 2014): 393–429. http://dx.doi.org/10.1017/s0026749x14000109.
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AbstractDebates about secularism in post-independence India have often revolved around the visions of two of the country's founding fathers—M. K. Gandhi and Jawaharlal Nehru. A sharp distinction is drawn between them by those who argue that the Gandhian model (or, what in common parlance and state discourses is called communal harmony) stems from Indian cultural and religious values, and lies beyond the realm of the state. The Nehruvian model, however, is a state project through and through. This article transcends this dichotomy to show that the association of Nehru and Gandhi with these models does not necessarily mean that secularism and communal harmony faithfully reflect their ideas and, despite the differences in their aims and methods, both models are united in the discourses and practices of the state as strategies of ‘governmentality’. After redefining the core of communal harmony as reciprocity (rather than tolerance), I show how it is performed, how it supplements the state's efforts to keep the peace in a religiously plural society by the force of law, and shores up the state's legitimacy deficit. However, the state's simultaneous involvement in Nehruvian and Gandhian projects is not an innocuous fact because it undermines the state's constitutional and secular obligations to non-discriminatory citizenship in the Indian nation. The argument is that the state's endorsement ofdargah-centred Islamic piety as an exemplary site of communal harmony and particular ideas of the Indian nation legitimized by communal harmony ‘problematizes’ the national belonging of certain kinds of pious Muslims.
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FUKURAI, Hiroshi. "The Decoupling of the Nation and the State: Constitutionalizing Transnational Nationhood, Cross-Border Connectivity, Diaspora, and “National” Identity-Affiliation in Asia and Beyond." Asian Journal of Law and Society 7, no. 1 (February 2020): 1–4. http://dx.doi.org/10.1017/als.2019.26.
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AbstractSince the first Asian Law and Society Conference (ALSA) was held at the National University of Singapore (NUS) in 2016, a number of special sessions have been organized to focus on the deconstruction of the Westphalian transnational order based on the concept of the “nation-state.”1 This dominant hegemony was predicated on the congruence of the geo-territorial boundaries of both the state and the nation, as well as the “assumed integration” of state-defined “citizenship” and another distinctly layered “membership” based on culture, ethnic, religious, and indigenous affiliations. The “nation-state” ideology has thus masked a history of tensions and conflicts, often manifested in the form of oppression, persecution, and genocide directed at the nation and its peoples by the state and its predatory institutions. Our studies have shown that such conflicts between the nation and the state have been observed in multiple regions in Asia, including Kashmir in India; Moro and Islamic communities of Mindanao in the Philippines; Karen, Kachin, and other autonomous nations in Myanmar; West Papua, Aceh, Kalimantan, South Moluccas, Minahasa, and Riau in Indonesia; Kurds in multiple state systems of Iraq, Syria, Turkey, and Iran; and Palestine in Israel, among many other culturally autonomous nucleated communities in Asia and across the world.2 The phrase “the nation and the state” was specifically chosen to distinguish and highlight the unique conflictual histories of two geo-political entities and to provide a fundamentally differing interpretation of history, geography, the role of law, and global affairs from the perspectives of nation peoples, rather than from that of the state or international organizations, as traditional analyses do. The Westphalian “nation-state” hegemony led to the inviolability of the state’s sovereign control over the nation and peoples within a state-delimited territory. The state then began to engage in another predatory project: to strengthen and extend its international influence over other states and, thus, the nations within these states, by adopting new constitutional provisions to offer cross-border “citizenship” to diasporic “ethnic-nationals” and descendants of “ex-migrants” who now inhabit foreign states. The nations have similarly capitalized on constitutional activism by erecting their own Constitutions to explore collaboration with other nations, as well as diasporic populations of their own, in order to carve out a path toward the nations’ independence within, and even beyond, the respective state systems. The “constitutional” activism sought by the state and the nation has become an important political vehicle with which to engage in possible collaboration with diasporic “ethno-nationals” and ex-migrant communities, in order to further assert political influence and strengthen trans-border politics of the state and the nation. Three articles included in this issue investigate such constitutional activism of cross-border politics and transnational collaborations in Asia, the Americas, Europe, and other regions across the globe.