The Constitution of India: A Contextual Analysis

313 Pages·2017·3.593 MB·English

by  Arun K Thiruvengadam

Pictorial Narrative
Tyger, Burning Bright: The Constitution of India
This composition seeks to encapsulate the evolution of Indian
constitutionalism while adverting to some of its social and political
outcomes. At its heart lies the façade of the Indian Parliament. Its
interior is graced by India’s charismatic and iconic leaders:
Mohandas Gandhi, the ‘Father of the Nation’, who led India to
independence; Jawaharlal Nehru, India’s first Prime Minister; Indira
Gandhi, the country’s only female Prime Minister; and Bhimrao
Ramji Ambedkar, India’s first Law Minister and one of the principal
architects of the Constitution of India.
To the right of the Parliament, the Gopuram of the Meenakshi
temple in Madurai, Tamil Nadu, embodies Hinduism, which is, in
equal measure, a religion and the essence of spiritual equilibrium.
Perched atop the Gopuram is one of the most influential deities in
contemporary Hinduism: Shiva, dancing in the ring of Cosmic
energy. Further to the right, a crescent moon and star, in green,
symbolise Islam. A solitary tree, in the style of tribal art, alludes to
some 105 million tribal inhabitants, representing the people least
served by the Constitution. The lotus and the open right palm signify
the two dominant national political parties—the Bharatiya Janata
Party and the Indian National Congress respectively.
To the left of the Parliament, the façade of the Buland Darwaza
(or the Exalted Gateway) at Fatehpur Sikri is depicted. Built by the
Mughal Emperor Akbar, it represents the syncretism of Hindu and
Muslim elements in architecture that he sought to incorporate in
many fields. Above the Gateway, a cricket ball symbolises national
unity as it is the most popular contemporary sport in India. The figure
‘1947’ marks the date of India’s Independence, a pivotal moment
which simultaneously adverts to the horror of Partition and the
promise of freedom that awaited after two centuries of colonial rule.
Below it, the flag of the British East India Company is a visual
manifestation of the phenomenon of British Colonialism.
At the bottom of the composition, a gathering of citizens
brandishing ballots portray India as the world’s largest democracy. To
their right, the ‘Three Graces’, gazing out in defiance, remind us that
gender inequality is an important issue of contemporary debate in
India. Finally, the tiger at the top left symbolises India as a nation,
while saffron and green are colours from India’s National Flag.
Putachad
Artist
THE CONSTITUTION OF INDIA
This book provides an overview of the content and functioning of the
Indian Constitution, with an emphasis on the broader socio-political
context. It focuses on the overarching principles and the main
institutions of constitutional governance that the world’s longest
written constitution inaugurated in 1950. The nine chapters of the
book deal with specific aspects of the Indian constitutional tradition
as it has evolved across seven decades of India’s existence as an
independent nation. Beginning with the pre-history of the
Constitution and its making, the book moves onto an examination of
the structural features and actual operation of the Constitution’s
principal governance institutions. These include the executive and
the parliament, the institutions of federalism and local government,
and the judiciary. An unusual feature of Indian constitutionalism that
is highlighted here is the role played by technocratic institutions such
as the Election Commission, the Comptroller and Auditor General,
and a set of new regulatory institutions, most of which were created
during the 1990s. A considerable portion of the book evaluates
issues relating to constitutional rights, directive principles and the
constitutional regulation of multiple forms of identity in India. The
important issue of constitutional change in India is approached from
an atypical perspective.
The book employs a narrative form to describe the twists, turns
and challenges confronted across nearly seven decades of the
working of the constitutional order. It departs from conventional
Indian constitutional scholarship in placing less emphasis on
constitutional doctrine (as evolved in judicial decisions delivered by
the High Courts and the Supreme Court). Instead, the book turns the
spotlight on the political bargains and extra-legal developments that
have influenced constitutional evolution.
Written in accessible prose that avoids undue legal jargon, the
book aims at a general audience that is interested in understanding
the complex yet fascinating challenges posed by constitutionalism in
India. Its unconventional approach to some classic issues will
stimulate the more seasoned student of constitutional law and
politics.
Constitutional Systems of the World
General Editors: Benjamin L Berger, Rosalind
Dixon,
Andrew Harding, Peter Leyland and Heinz Klug
In the era of globalisation, issues of constitutional law and good
governance are being seen increasingly as vital issues in all types of
society. Since the end of the Cold War, there have been dramatic
developments in democratic and legal reform, and post-conflict
societies are also in the throes of reconstructing their governance
systems. Even societies already firmly based on constitutional
governance and the rule of law have undergone constitutional
change and experimentation with new forms of governance; and
their constitutional systems are increasingly subjected to
comparative analysis and transplantation. Constitutional texts for
practically every country in the world are now easily available on the
internet. However, texts which enable one to understand the true
context, purposes, interpretation and incidents of a constitutional
system are much harder to locate, and are often extremely detailed
and descriptive. This series seeks to provide scholars and students
with accessible introductions to the constitutional systems of the
world, supplying both a road map for the novice and, at the same
time, a deeper understanding of the key historical, political and legal
events which have shaped the constitutional landscape of each
country. Each book in this series deals with a single country, or a
group of countries with a common constitutional history, and each
author is an expert in their field.
Published volumes
The Constitution of the United Kingdom; The
Constitution of the United States; The Constitution of
Vietnam; The Constitution of South Africa; The
Constitution of Japan; The Constitution of Germany;
The Constitution of Finland; The Constitution of
Australia; The Constitution of the Republic of Austria;
The Constitution of the Russian Federation; The
Constitutional System of Thailand; The Constitution of
Malaysia; The Constitution of China; The Constitution
of Indonesia; The Constitution of France; The
Constitution of Spain; The Constitution of Mexico; The
Constitution of Israel; The Constitutional Systems of
the Commonwealth Caribbean; The Constitution of
Canada; The Constitution of Singapore; The
Constitution of Belgium; The Constitution of Taiwan;
The Constitution of Romania; The Constitutional
Systems of the Independent Central Asian States; The
Constitution of Pakistan
Link to series website
www.bloomsburyprofessional.com/uk/series/
constitutional-systems-of-the-world
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