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“The Indian Founding: A Comparative Perspective”.pdf

Chapter-4-Lerner-OUP-April-2016.pdf

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📊 Size: 256 KB

📄 Pages: 16 pages

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Summary

The Indian Constitution was drafted from 1946 to 1950 under conditions of limited sovereignty, partition, and immense internal diversity. Despite these challenges, the Constituent Assembly managed to lay down the legal foundation for the largest and one of the most stable democracies in the world. Indian society is characterized by immense religious, ethnic, linguistic, and social diversity, with 20% of the population being Muslim, and numerous other religious minorities, languages, and dialects. The framers faced the challenge of incorporating 562 Princely States and forging a common national identity. The chapter explores the making of the Indian Constitution from a comparative perspective, highlighting innovative strategies of constitutional incrementalism, such as deferral of controversial decisions, ambiguity, and non-justiciability, which allowed the framers to reconcile deep disagreements with democratic principles. The drafting of the Indian Constitution occurred within a historical wave of constitutional transitions following World War II and the breakup of colonial empires, with other countries in Africa and Asia also writing new constitutions during this period.

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The Indian Constitution was drafted from 1946 to 1950 under conditions of limited sovereignty, partition, and immense internal diversity.

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File Format: PDF
File Size: 256 KB
Pages: 16
Language: EN
Total Downloads: 154
Last Updated: 7 days ago

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