Locating Indian Constitutionalism

Oxford Handbook of the Indian Constitution, S. Choudhry, M. Khosla & P.B. Mehta, eds., pp. 1-14, Oxford University Press, 2016

8 Pages Posted: 12 Sep 2017

See all articles by Sujit Choudhry

Sujit Choudhry

Center for Global Constitutionalism, WZB Berlin Social Science Center

Madhav Khosla

Harvard University

Pratap Bhanu Mehta

Independent

Date Written: 2016

Abstract

Indian constitutional law is of immense historical, practical, and theoretical significance. Almost all the issues that arise in the course of thinking about law in modern constitutional democracies find their most intense expression in the evolution of Indian constitutional law. India’s Constitution was the framework through which the world’s largest and one of its most contentious democracies was brought into being. It was the charter through which an ancient civilization was set on the road to modernity and radical social reform. It is the framework that provides for the management and accommodation of the most complex ethnic, religious, and linguistic diversity of any modern nation-State. It has been the site where different ideas of development have been contested and reimagined. It has been the normative and legal framework through which the world’s largest democracy contests its own future. The future of constitutionalism in the world depends a good deal on the future of the Indian experiment. In this chapter, we seek to achieve three outcomes. First, we explicate the historical commitment to the idea of constitutionalism. Second, we examine some of the major substantive tensions that have defined the contours of constitutionalism in India. Third, we consider the character of constitutional development in India, in particular the forces that have shaped its evolution.

Suggested Citation

Choudhry, Sujit and Khosla, Madhav and Mehta, Pratap Bhanu, Locating Indian Constitutionalism (2016). Oxford Handbook of the Indian Constitution, S. Choudhry, M. Khosla & P.B. Mehta, eds., pp. 1-14, Oxford University Press, 2016. Available at SSRN: https://ssrn.com/abstract=3025754

Sujit Choudhry (Contact Author)

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

Madhav Khosla

Harvard University ( email )

No Address Available

Pratap Bhanu Mehta

Independent ( email )

No Address Available

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