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Constitutional Perspective of Multiculturalism in India

10 Pages Posted: 16 Feb 2007  

Dr. Sanjay Pandey

Government of India; Competition Commission of India ; Amity Law School; National Law University, Jodhpur

Date Written: February 15, 2007

Abstract

Is multiculturalism a constitutional ethos? Or is an addition to existing elements of constitutionalism? Choice of answer is a matter of debate now because proliferation of multiculturalism is seen as a counterforce to a number of political and societal problems like terrorism. The paradigm of multiculturalism is based on positive equality wherein state endeavours to treat people equal and make them equal. Encouraging multiculturalism necessarily includes recognition of a number of political, social and economic rights of inhabitants in the given territory. In panoply it appears that for any analysis of the nature or impacts of multiculturalism assessment of constitutional design is a sine qua non. The Constitution of India indeed proclaims unity in diversity but not much diversion exists in the cultural/racial/ethnic base. If multiculturalism is a norm, it must be recognized through constitutional mandate and if it is an executive principle then it needs statutory recognition. The seeds of multiculturalism as sown in the perambulatory resolve of the Constitution have been largely pruned and trimmed by subsequent constitutional provisions and statutory mandates.

Keywords: Multiculturalism, Constitution, Liberty, Multicultural Rights, Separatist tendencies

Suggested Citation

Pandey, Dr. Sanjay, Constitutional Perspective of Multiculturalism in India (February 15, 2007). Available at SSRN: https://ssrn.com/abstract=963563 or http://dx.doi.org/10.2139/ssrn.963563

Sanjay Kumar Pandey (Contact Author)

National Law University, Jodhpur ( email )

NH-65, Nagaur Road, Mandore
Jodhpur-342004 (Raj), Rajasthan
India
91 291 5121595; 9828122466 (Phone)
91 291 2577540 (Fax)

HOME PAGE: http://www.nlujodhpur.ac.in

Government of India ( email )

India

HOME PAGE: http://mca.gov.in

Competition Commission of India ( email )

The Hindustan Times House
18-20 Kasturba Gandhi Marg
New Delhi, 110001
India

HOME PAGE: http://cci.gov.in

Amity Law School ( email )

F-1 Block, Amity University Campus
Sector 125
Noida, ND Uttar Pradesh 201005
India

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