The Oxford Handbook of the Indian Constitution

Price: 1595.00 INR

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ISBN:

9780198787334

Publication date:

18/04/2016

Paperback

1072 pages

246x171mm

Price: 1595.00 INR

We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.

ISBN:

9780198787334

Publication date:

18/04/2016

Paperback

1072 pages

Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

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.

Rights:  OUP UK (INDIAN TERRITORY)

Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

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.

About the author

Sujit Choudhry is Dean and I. Michael Heyman Professor of Law at the UC Berkeley School of Law. His books include The Migration of Constitutional Ideas (Cambridge, 2006) and Constitutional Design for Divided Societies: Integration or Accommodation (Oxford, 2008).

Madhav Khosla is a PhD candidate at the Department of Government, Harvard University. His books include The Indian Constitution (Oxford, 2012), Letters for a Nation: From Jawaharlal Nehru to His Chief Ministers (Penguin, 2014) and Unstable Constitutionalism: Law and Politics in South Asia (with Mark Tushnet, Cambridge, 2015).

Pratap Bhanu Mehta is President and Chief Executive of the Centre for Policy Research, New Delhi. His books include The Burden of Democracy (Penguin, 2003), Public Institutions in India: Performance and Design (with Devesh Kapur, Oxford, 2005), and The Oxford Companion to Politics in India (with Niraja Gopal Jayal, Oxford, 2010).

Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

Table of contents

Introduction
1:Locating Indian Constitutionalism, Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta
Part I: History
2:Constitutional Antecedents, Rohit De
3:Indian Constitutionalism: Crisis, Unity, and History, Uday S. Mehta
4:The Indian Founding: A Comparative Perspective, Hanna Lerner
Part II: Negotiating Constitutionalism
5:Constitutional Interpretation, Chintan Chandrachud
6:Law, Politics, and Constitutional Hegemony: The Supreme Court, Jurisprudence, and Demosprudence, Upendra Baxi
7:Constitutional Identity, Gary Jacobsohn
8:Constitutional Change: A Public Choice Analysis, Shruti Rajagopalan
9:International Law and the Constitutional Schema, Lavanya Rajamani
Part III: Constituting Democracy
10:Citizenship, Niraja Gopal Jayal
11:Language, Sujit Choudhry
12:Elections, Aditya Sondhi
13:Emergency Powers, Rahul Sagar
14:Constitutional Amendment, Madhav Khosla
Part IV: Separation of Powers
15:Separation of Powers, Justice (retd.) Ruma Pal
16:Legislature: Composition, Qualifications, and Disqualifications, M. R. Madhavan
17:Legislature: Privileges and Process, Sidharth Chauhan
18:Executive, Shubhankar Dam
19:Judicial Architecture and Capacity, Nick Robinson
20:Judicial Independence, Justice (retd.) B. N. Srikrishna
21:Jurisdiction, Raeesa Vakil
22:The Administrative and Regulatory State, T. V. Somanathan
23:Tribunals, Arun K. Thiruvengadam
24:Review of Administrative Action, Prateek Jalan and Ritin Rai
Part V: Federalism
25:The Federal Scheme, Mahendra Pal Singh
26:Legislative Competence: The Union and the States, V. Niranjan
27:Inter-State Trade and Commerce, Arvind Datar
28:Inter-State River Water Disputes, Harish Salve
29:Fiscal Federalism, Nirvikar Singh
30:Asymmetric Federalism, Louise Tillin
31:Local Government, K. C. Sivaramakrishnan
Part VI: Rights - Structures and Scope
32:Rights: Breadth, Scope, and Applicability, Ananth Padmanabhan
33:Horizontal Effect, Stephen Gardbaum
34:Writs and Remedies, Gopal Subramanium
35:Savings Clauses: The Ninth Schedule and Articles 31A-C, Surya Deva
36:Directive Principles of State Policy, Gautam Bhatia
37:Public Interest Litigation, Shyam Divan
38:The Constitutionalization of Indian Private Law, Shyam Balganesh
Part VII: Rights - Substance and Content
39:Equality: Legislative Review under Article 14, Tarunabh Khaitan
40:Reservations, Vinay Sitapati
41:Gender Equality, Ratna Kapur
42:Life and Personal Liberty, Anup Surendranath
43:Due Process, Abhinav Chandrachud
44:Criminal Law and the Constitution, Aparna Chandra and Mrinal Satish
45:Speech and Expression, Lawrence Liang
46:Assembly and Association, Menaka Guruswamy
47:Movement and Residence, Anirudh Burman
48:Profession, Occupation, Trade, and Business, Vikramaditya Khanna
79:Secularism and Religious Freedom, Ronojoy Sen
50:Personal Laws, Flavia Agnes
51:Minority Educational Institutions, K. Vivek Reddy
52:Property, Namita Wahi
Part VIII: The Government's Legal Personality
53:Government Contracts, V. Umakanth
54:Sovereign Immunity, Neel Maitra
55:Public Employment and Service Law, Raju Ramachandran
Epilogue
56:The Indian Constitution Seen from Outside, Mark Tushnet

Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

Review

"While there are already some existing substantial pieces of work on the Indian Constitution, the volume by Khosla et al. is exhilarating for two reasons. Firstly, the book is comprehensive for its encyclopedic coverage of the various dimensions related to the Indian Constitution - its genesis, its evolution, and its political and social relevance to the Indian society. Secondly, the book enterprisingly brings together a multifaceted set of perspectives emanating from both varied disciplinary standpoints and intellectual concerns. ... The book is useful to any scholar interested in issues surrounding the Indian Constitution, and will equally prove to be a good reference text for students of Indian constitution and legal history of India." - Meenakshi Sinha, Regional & Federal Studies,"Issues have been addressed with a competence and an intellectual rigour that does justify the claim on the books blurb that it is "an essential reference point ... for Indian and comparative constitutional scholars" Works such as as these deserve to be encouraged, and Oxford University Press merits praise for commissioning the present volume." - The Commonwealth Lawyer.,"The Oxford Handbook of the Indian Constitution contains fifty-six scintillating essays on how India's Constitution has (and has not) worked these past sixty-five years. These essays eloquently capture the tension that exists between traditional legal approaches to a written constitution and the contrary expectations of the people for whose benefit it was framed." - Fali S. Nariman, Senior Advocate, Supreme Court of India,"Indian constitutionalism is one of humanity's great jurisprudential achievements. It is a boisterous and contentious enterprise that strives to endow the planet's largest, most diverse, and most complex democracy with legal form. The Oxford Handbook of the Indian Constitution is a comprehensive guide to this great adventure. It provides an essential introduction to the multiple and intricate dimensions of this aspiration to legal structure." - Robert Post, Dean and Sol & Lillian Goldman Professor of Law, Yale Law School,"The Oxford Handbook of the Indian Constitution is a massive undertaking—not only in the many facets of the Indian Constitution that it explores, but in the detailed and illuminating ways in which it relates the constitutional politics of India to constitutionalism generally in the world. The result is that constitutional scholars everywhere will benefit from reading these fifty-six rich and insightful chapters. I can't imagine a better or more thoughtful guide to the principles, procedures, and problems of the world's largest democracy." - Jeremy Waldron, University Professor and Professor of Law, New York University School of Law

Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

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.

About the author

Sujit Choudhry is Dean and I. Michael Heyman Professor of Law at the UC Berkeley School of Law. His books include The Migration of Constitutional Ideas (Cambridge, 2006) and Constitutional Design for Divided Societies: Integration or Accommodation (Oxford, 2008).

Madhav Khosla is a PhD candidate at the Department of Government, Harvard University. His books include The Indian Constitution (Oxford, 2012), Letters for a Nation: From Jawaharlal Nehru to His Chief Ministers (Penguin, 2014) and Unstable Constitutionalism: Law and Politics in South Asia (with Mark Tushnet, Cambridge, 2015).

Pratap Bhanu Mehta is President and Chief Executive of the Centre for Policy Research, New Delhi. His books include The Burden of Democracy (Penguin, 2003), Public Institutions in India: Performance and Design (with Devesh Kapur, Oxford, 2005), and The Oxford Companion to Politics in India (with Niraja Gopal Jayal, Oxford, 2010).

Table of contents

Introduction
1:Locating Indian Constitutionalism, Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta
Part I: History
2:Constitutional Antecedents, Rohit De
3:Indian Constitutionalism: Crisis, Unity, and History, Uday S. Mehta
4:The Indian Founding: A Comparative Perspective, Hanna Lerner
Part II: Negotiating Constitutionalism
5:Constitutional Interpretation, Chintan Chandrachud
6:Law, Politics, and Constitutional Hegemony: The Supreme Court, Jurisprudence, and Demosprudence, Upendra Baxi
7:Constitutional Identity, Gary Jacobsohn
8:Constitutional Change: A Public Choice Analysis, Shruti Rajagopalan
9:International Law and the Constitutional Schema, Lavanya Rajamani
Part III: Constituting Democracy
10:Citizenship, Niraja Gopal Jayal
11:Language, Sujit Choudhry
12:Elections, Aditya Sondhi
13:Emergency Powers, Rahul Sagar
14:Constitutional Amendment, Madhav Khosla
Part IV: Separation of Powers
15:Separation of Powers, Justice (retd.) Ruma Pal
16:Legislature: Composition, Qualifications, and Disqualifications, M. R. Madhavan
17:Legislature: Privileges and Process, Sidharth Chauhan
18:Executive, Shubhankar Dam
19:Judicial Architecture and Capacity, Nick Robinson
20:Judicial Independence, Justice (retd.) B. N. Srikrishna
21:Jurisdiction, Raeesa Vakil
22:The Administrative and Regulatory State, T. V. Somanathan
23:Tribunals, Arun K. Thiruvengadam
24:Review of Administrative Action, Prateek Jalan and Ritin Rai
Part V: Federalism
25:The Federal Scheme, Mahendra Pal Singh
26:Legislative Competence: The Union and the States, V. Niranjan
27:Inter-State Trade and Commerce, Arvind Datar
28:Inter-State River Water Disputes, Harish Salve
29:Fiscal Federalism, Nirvikar Singh
30:Asymmetric Federalism, Louise Tillin
31:Local Government, K. C. Sivaramakrishnan
Part VI: Rights - Structures and Scope
32:Rights: Breadth, Scope, and Applicability, Ananth Padmanabhan
33:Horizontal Effect, Stephen Gardbaum
34:Writs and Remedies, Gopal Subramanium
35:Savings Clauses: The Ninth Schedule and Articles 31A-C, Surya Deva
36:Directive Principles of State Policy, Gautam Bhatia
37:Public Interest Litigation, Shyam Divan
38:The Constitutionalization of Indian Private Law, Shyam Balganesh
Part VII: Rights - Substance and Content
39:Equality: Legislative Review under Article 14, Tarunabh Khaitan
40:Reservations, Vinay Sitapati
41:Gender Equality, Ratna Kapur
42:Life and Personal Liberty, Anup Surendranath
43:Due Process, Abhinav Chandrachud
44:Criminal Law and the Constitution, Aparna Chandra and Mrinal Satish
45:Speech and Expression, Lawrence Liang
46:Assembly and Association, Menaka Guruswamy
47:Movement and Residence, Anirudh Burman
48:Profession, Occupation, Trade, and Business, Vikramaditya Khanna
79:Secularism and Religious Freedom, Ronojoy Sen
50:Personal Laws, Flavia Agnes
51:Minority Educational Institutions, K. Vivek Reddy
52:Property, Namita Wahi
Part VIII: The Government's Legal Personality
53:Government Contracts, V. Umakanth
54:Sovereign Immunity, Neel Maitra
55:Public Employment and Service Law, Raju Ramachandran
Epilogue
56:The Indian Constitution Seen from Outside, Mark Tushnet