Incompatible Institutions: Socialism vs. Constitutionalism in India

28 Pages Posted: 31 Jan 2014 Last revised: 4 Jun 2016

See all articles by Shruti Rajagopalan

Shruti Rajagopalan

Department of Economics, SUNY Purchase College; Classical Liberal Institute, NYU School of Law

Date Written: January 29, 2014

Abstract

There has been a decline in rule of law in India, reflected in the frequent amendments to the Indian Constitution. This paper analyzes the historical and ideological context for constitutional amendments to understand the reason for the deterioration of constitutionalism in India. I argue that the formal institutions of socialist planning were fundamentally incompatible with the constraints imposed by the Indian Constitution. This incompatibility led to frequent amendments to the Constitution, especially in the area of Fundamental Rights. Pursuit of socialist policies gradually undermined the Constitution. The contradictory mixture of socialism and constitutionalism led to economic and political deprivations that were never intended by the founding fathers.

Keywords: Indian Constitution, Property Rights, Constitutional Amendments, Socialist Planning, Rule of Law

JEL Classification: B25, K100, K11, P37

Suggested Citation

Rajagopalan, Shruti, Incompatible Institutions: Socialism vs. Constitutionalism in India (January 29, 2014). Constitutional Political Economy, Vol. 26, No. 3, 2015. Available at SSRN: https://ssrn.com/abstract=2387818 or http://dx.doi.org/10.2139/ssrn.2387818

Shruti Rajagopalan (Contact Author)

Department of Economics, SUNY Purchase College ( email )

735 Anderson Hill Road
Purchase, NY 10577
United States

Classical Liberal Institute, NYU School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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