Politics and Ethics of the Indian Constitution

Politics and Ethics of the Indian Constitution

by Rajeev Bhargava (Editor)
Politics and Ethics of the Indian Constitution

Politics and Ethics of the Indian Constitution

by Rajeev Bhargava (Editor)

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Overview

This collection of essays analyzes the Indian Constitution as a political or an ethical document, from a political theory perspective, reflecting configurations of power and interest or articulating a moral vision. This study of the constitution provides a platform on which extensive political deliberations and arguments over procedural and substantive issues relating to Indian society can take place. The essays discuss ideas of equality, freedom, citizenship and property, minority rights, democracy and welfare as found in the Constitution. It also asks questions like: Does the Constitution recognize all moral rights possessed by the citizens? What importance does the Constitution accord to the rights that it recognizes? Is the section on duties consistent with the section on fundamental rights? If so, then why do tensions between rights and duties still exist? Is it because the Constitution prescribes duties over rights? Does the Constitution support liberty, equality, and fraternity in equal measure?

The contributors critically examine the potential, achievements, and limitations of the Indian Constitution. They further emphasize the need to examine whether or not a serious disjunction exists between the ideals as enshrined in the Constitution and their expression. The volume also aims to resuscitate political theory in India, evolve a form of political theory that is suitable in the Indian context, and to simultaneously open up Western political theory as it exists today.

Product Details

ISBN-13: 9780198063551
Publisher: Oxford University Press
Publication date: 12/13/2009
Series: Oxford India Paperbacks
Pages: 418
Product dimensions: 5.50(w) x 8.30(h) x 1.00(d)

About the Author

Rajeev Bhargava is Director of the Centre for the Study of Developing Societies in Delhi, India.

Table of Contents

Acknowledgements vii

Introduction: Outline of a Political Theory of the Indian Constitution Rajeev Bhargava 1

Section I

1 The Constitution as a Statement of Indian Identity Bhikhu Parekh 43

2 Gandhi and the Constitution: Parliamentary Swaraj and Village Swaraj Thomas Pantham 59

3 Institutional Visions and Sociological Imaginations: The Debate on Panchayati Raj Peter Ronald deSouza 79

4 Outline of a ‘Theory of Practice’ of Indian Constitutionalism Upendra Baxi 92

5 A Text Without Author: Locating the Constituent Assembly as Event Aditya Nigam 119

Section II

6 The Indian State: Constitution and Beyond Suhas Palshikar 143

7 Citizenship and the Indian Constitution Valerian Rodrigues 164

8 Citizenship and the Passive Revolution: Interpreting the First Amendment Nivedita Menon 189

9 Democracy and Constitutionalism Sanjay Palshikar 211

10 Constitutional Justice: Positional and Cultural Gopal Guru 230

Section III

11 Containing the Lower Castes: The Constituent Assembly and the Reservation Policy Christophe Jaffrelot 249

12 Affirmative Action for Disadvantaged Groups: A Cross-constitutional Study of India and the US Ashok Acharya 267

Section IV

13 Religion and the Indian Constitution: Questions of Separation and Equality Gurpreet Mahajan 297

14 Passion and Constraint: Courts and the Regulation of Religious Meaning Pratap Bhanu Mehta 311

15 Rights versus Representation: Defending Minority Interests in the Constituent Assembly Shefali Jha 339

16 Minority Representation and the Making of the Indian Constitution Rochana Bajpai 354

Notes on Contributors 392

Index 394

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