This volume extricates the philosophy latent in the Indian constitution, as distinct from the traditional legal-institutional studies. It critically analyses the various aspects of the Constitution.
The primary aim of this volume is to resuscitate political theory in India, evolve a form of political theory that is suitable for us, and to simultaneously open up Western political theory as it exists today. The study of the Constitution provides a platform on which extensive political deliberations and arguments over procedural and substantive issues relating to Indian society can be found. The volume provides discussions on equality, the idea of citizenship and property, notion of minority rights, conception of democracy and welfare found in the Constitution. It also asks questions like: Does the Constitution recognize all moral rights possessed by citizens? What importance does the Constitution accord to the rights that it recognizes? Is the section on duties consistent with the section on fundamental rights? If it is, then why do tensions between rights and duties still exist? Is it because the Constitution prescribes duties over and above rights? Is the Indian Constitution predominantly right-based? Does the Constitution support liberty, equality and fraternity in equal measure?The aim of the volume, thus, is to arbitrate between contesting interpretations of the many core values of our polity. It points to the need to examine whether or not serious disjunction exists between the constitutional ideals and its expression.
Table of contents:
INTRODUCTION; I; 1.OUTLINE OF A THEORY OF PRACTICE OF INDIAN CONSTITUTIONALISM (UPENDRA BAXI); 2. A TEXT WITHOUT AUTHOR: LOCATING THE CONSTITUENT ASSEMBLY AS EVENT (ADITYA NIGAM);; 3. GANDHI AND THE CONSTITUTION: PARLIAMENTARY SWARAJ AND VILLAGE SWARAJ (THOMAS PANTHAM);; 4. THE INDIAN STATE: CONSTITUTION AND BEYOND (SUHAS PALSHIKAR);; 5. CONCEPTUAL LAXITY SURROUNDING INDIAN CITIZENSHIP: CITIZENSHIP AND CONSTITUTION IN INDIA (VALERIAN RODRIGUES);; II; 6. RENAMING SOCIAL JUSTICE (GOPAL GURU);; 7. AFFIRMATIVE ACTION FOR DISADVANTAGED GROUPS: A CROSS-CONSTITUTIONAL STUDY OF INDIA AND THE US (ASHOK ACHARYA);; 8. CONTAINING THE LOWER CASTES: THE CONSTITUENT ASSEMBLY AND THE RESERVATION POLICY IN FAVOUR OF SCS AND OBCS (CHRISTOPHE JAFFRELOT);; 9. MINORITY RIGHTS IN THE CONSTITUENT ASSEMBLY DEBATES (ROCHANA BAJPAI);; 10. RIGHTS VERSUS REPRESENTATION (SHEFALI JHA);; 11. RELIGION AND THE INDIAN CONSTITUTION: QUESTIONS OF SEPARATION AND EQUALITY (GURPREET MAHAJAN);; III; 12. PASSION AND CONSTRAINT: COURTS AND REGULATION OF RELIGIOUS MEANING (PRATAP BHANU MEHTA);; 13. INSTITUTIONAL VISIONS AND SOCIOLOGICAL IMAGINATIONS: THE DEBATE ON PANCHAYATI RAJ (PETER DSOUZA);; 14. CONSTITUTIONALISM AND DEMOCRACY: THE RIGHT TO PROPERTY IN THE INDIAN CONSTITUTION (SANJAY PALSHIKAR);; 15. CITIZENSHIP AND THE PASSIVE REVOLUTION: INTERPRETING THE FIRST AMENDMENT (NIVEDITA MENON);; 16. DEFINING INDIAN IDENTITY (BHIKHU PAREKH);; CONTRIBUTORS;; INDEX