[PDF] The Framing Of Indias Constitution eBook

Author : Madhav Khosla
Publisher :
Page : 241 pages
File Size : 26,69 MB
Release : 2020
Category : Constitutional history
ISBN : 0674980875

GET BOOK

"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Author : Achyut Chetan
Publisher : Cambridge University Press
Page : 366 pages
File Size : 31,66 MB
Release : 2022-11-30
Category : History
ISBN : 1009032356

GET BOOK

The book begins with the momentous task of demolishing the prejudices attached with the phrase 'founding fathers' that has held an immense sway over constitutional interpretation. It shows that women members of the Indian Constituent Assembly had painstakingly co-authored a Constitution that embodied a moral imagination developed by years of feminist politics. It traces the genealogies of several constitutional provisions to argue that, without the interventions of these women framers, the Constitution would hardly have a much poorer document of rights and statecraft that it is. Situating these interventions in the larger trajectory of Indian feminism in which they are rooted, in the nationalist discourse with which they perpetually negotiated, and in the larger human rights discourse of the 1940s, the book shows that the women members of the Indian Constituent Assembly were much more than the 'founding mothers' of a republic.