The Oxford Handbook of the Indian Constitution

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Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta
Oxford University Press, May 3, 2016 - Law - 1050 pages
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.
 

Contents

Table of Cases
Table of Legislation
List of Abbreviations
INTRODUCTION
Constitutional Antecedents
Crisis Unity and History
A Comparative Perspective
Constitutional Interpretation
Fiscal Federalism
Asymmetric Federalism
Local Government
Breadth Scope and Applicability
Horizontal Effect
Writs and Remedies
The Ninth Schedule and Articles 31AC
Directive Principles of State Policy

The Supreme Court
Constitutional Identity
SHRUTI RAJAGOPALAN
International Law and the Constitutional Schema
Citizenship
Language
Elections
Emergency Powers
Constitutional Amendment
Separation of Powers
Composition Qualifications and Disqualifications
Privileges and Process
Executive
The Administrative and Regulatory State
Tribunals
Judicial Architecture and Capacity
Review of Administrative Action
The Federal Scheme
The Union and the States
InterState Trade Commerce and Intercourse
InterState River Water Disputes
Jurisdiction
Public Interest Litigation
The Constitutionalisation of Indian Private
Legislative Review under Article 14
Reservations
Gender Equality
Life and Personal Liberty
Due Process
Criminal Law and the Constitution
Free Speech and Expression
Assembly and Association
Movement and Residence
Profession Occupation Trade or Business
Secularism and Religious Freedom
Personal Laws
Minority Educational Institutions
Property
Government Contracts
Sovereign Immunity
Public Employment and Service
The Indian Constitution Seen from Outside
Index
Copyright

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About the author (2016)

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).

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