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Author: Shruti Rajagopalan
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 191
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Book Description
The Indian Parliament has amended the Indian Constitution ninety-seven times since its ratification in 1950. Fundamental Rights in India were amended frequently, specifically the right to private property, which was deleted in 1978 through the Forty- Fourth Amendment. These amendments gradually removed the constitutional constraints placed by the founding fathers on democratic decision-making. In this dissertation, I analyze the role of the ideology and interests of political entrepreneurs in forming and amending constitutional rules in postcolonial India. I also examine the robustness of the amendment process and its vulnerability to political and ideological capture by interest groups in the post-constitutional setting in India. In the first essay, I argue that frequent constitutional amendments are a consequence of the incompatibility between socialism and constitutionalism in India. I provide evidence from constitutional amendments and Supreme Court cases to show that the Constitution was amended to execute the objectives and targets of the Five-Year Plans. In the second essay, I examine the role of ideology and interests of the Constituent Assembly, consequently creating a weak procedure for amending property rights. I find that the socialist ideology of the founding fathers, and their fear of markets and private predation, reduced the voting requirements for amending property rights. In the third essay, I examine the consequent political opportunism and constitutional rent seeking due to a weak amendment procedure; and explain the creation, expansion and recent dormancy of the Ninth Schedule of the Constitution. Using the 282 laws in the Ninth Schedule, I show that a combination of weak procedural rules and strong substantive rights, led to rent seeking at a constitutional level, despite the institution of independent judicial review.
Author: Shruti Rajagopalan
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 191
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Book Description
The Indian Parliament has amended the Indian Constitution ninety-seven times since its ratification in 1950. Fundamental Rights in India were amended frequently, specifically the right to private property, which was deleted in 1978 through the Forty- Fourth Amendment. These amendments gradually removed the constitutional constraints placed by the founding fathers on democratic decision-making. In this dissertation, I analyze the role of the ideology and interests of political entrepreneurs in forming and amending constitutional rules in postcolonial India. I also examine the robustness of the amendment process and its vulnerability to political and ideological capture by interest groups in the post-constitutional setting in India. In the first essay, I argue that frequent constitutional amendments are a consequence of the incompatibility between socialism and constitutionalism in India. I provide evidence from constitutional amendments and Supreme Court cases to show that the Constitution was amended to execute the objectives and targets of the Five-Year Plans. In the second essay, I examine the role of ideology and interests of the Constituent Assembly, consequently creating a weak procedure for amending property rights. I find that the socialist ideology of the founding fathers, and their fear of markets and private predation, reduced the voting requirements for amending property rights. In the third essay, I examine the consequent political opportunism and constitutional rent seeking due to a weak amendment procedure; and explain the creation, expansion and recent dormancy of the Ninth Schedule of the Constitution. Using the 282 laws in the Ninth Schedule, I show that a combination of weak procedural rules and strong substantive rights, led to rent seeking at a constitutional level, despite the institution of independent judicial review.
Author: Shruti Rajagopalan
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
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Book Description
Amendments to the Constitution, especially to the fundamental rights, have two starkly different patterns in Indian constitutional history. During 1950-80, Parliament was the battleground for seeking formal constitutional amendments; while post-1980, the Supreme Court became the power centre, with interest groups seeking amendments through interpretation. What is the reason for this shift of interest-group activity from the legislature to the judiciary? The existing literature has attributed this shift to the increasing power of the Indian Supreme Court; coalition politics; changes in ideology; greater emphasis on positive rights; etc. In this chapter, I explain the change in constitutional amendments using economic analysis.
Author: Arun K Thiruvengadam
Publisher: Bloomsbury Publishing
ISBN: 1849468702
Category : Law
Languages : en
Pages : 291
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Book Description
This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.
Author: Ngoc Son Bui
Publisher: Oxford University Press
ISBN: 0192592025
Category : Law
Languages : en
Pages : 336
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Book Description
After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.
Author: United States
Publisher: United States House of Representatives
ISBN:
Category : History
Languages : en
Pages : 92
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Book Description
219 years ago you were given the right to practice the religion of your choice. 219 years ago you were given the right to say what you wanted without persecution. 219 years ago it was written that your house and property were secure from unreasonable search and seizure. 219 years ago you were given the right to a public trial. 219 years ago, fifty-five men you will never know sat in a sweltering hot room as they fought and argued for you. 219 years ago you were given your rights as a citizen of the United States. This fall, as we return again to the ballot box to decide the course of our country' s congressional and state leadership, every voter must find their way back to that room in Philadelphia. Welcome Books is proud to provide a map. The Constitution of The United States of America, inscribed and illustrated by the master calligrapher Sam Fink, brings to life the issues underlying the triumphs of this abiding document. Originally published in pen and ink for Random House in 1987, Sam has, at the request of Welcome Books, gone back to the original black-and-white art and painted it entirely, creating a full-color masterpiece. Each amendment, each article, each word so thoughtfully placed in the Constitution has been given Sam' s profound touch. With a powerful intelligence and a wonderful sense of humor, he has provided us with an entry point, allowing us to read this essential document better, more clearly. Welcome Books is honored to present a full-color limited edition of Sam' s startling work as well as a trade edition, exquisitely designed and produced - matching in its manufacture the stunning quality of Sam' s ambition and thegravitas and significance of the original document. The Constitution of The United States of America is the document we must read again and again. There is no more important document in our country. It is the document we must have an intimate knowledge of. It is the document that we must never forget. 219 years ago, you were entrusted with a living document. Have you kept it safe? To begin, we must read it. This, Sam, in his direct and unadorned way, respectful and loving, helps us do.
Author: Sujit Choudhry
Publisher: Oxford University Press
ISBN: 0191058610
Category : Law
Languages : en
Pages : 1121
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Book Description
The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0198768796
Category : Law
Languages : en
Pages : 369
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Book Description
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Author: Andreas Thiel
Publisher: Cambridge University Press
ISBN: 1108419984
Category : Business & Economics
Languages : en
Pages : 315
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Book Description
This book explains why governance is polycentric and what that means in practice, using examples of complex natural resource management.
Author: Editors : Raj Kapila & Uma Kapila
Publisher: Academic Foundation
ISBN: 9788171882458
Category :
Languages : en
Pages : 332
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Book Description
Author: Granville Austin
Publisher:
ISBN:
Category : Constitution
Languages : en
Pages : 390
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Book Description
