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The Oxford Handbook of the Indian Constitution


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Table of Contents

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

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).


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 *

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