The Constitution of India

Description

The relationship between constitutionalism and popular sovereignty in the Indian context is the critical focus of this original work in political theory, jurisprudence, and constitutionalism. This intellectually rigorous and elegantly argued book examines fundamental issues about the basic law of the land. The author contends that it is necessary to go beyond viewing democracy merely as the vesting of fundamental authority in institutions of elected representatives. She examines the founding of the Indian constitution and the emergence of its text in the background of the ideas of leading constitutional law theorists, such as Habermas and Ackerman. The author suggests that the constitution can be more meaningfully understood by adopting a more complex concept of democracy-one that is able to distinguish between popular sovereign power in the hands of the people themselves, and in those of their agents in government. She establishes that underlying the bedrock doctrine of the basic structure of the constitution, are fundamental questions about the relationship between constitutionalism and popular sovereignty. The text is a conscious effort to institutionalize the country's revolutionary experience during its anti-colonial struggle.

About the Author

Sarbani Sen received her PhD at Yale Law School and practiced law at the Calcutta High Court. She was a Graham Fellow at the Faculty of Law, University of Toronto and Research Associate at the Centre for Refugee Studies, York University, Toronto. Currently she is a member, Articling class, 2010-2011, Blake, Cassels and Graydon LLP.

Table of contents

Introduction; Part I, Conceptualizing the Idea of Popular Sovereignty, Chap. 1. The Beginning of the Idea, Chap. 2. Developing the Relationship between Popular Sovereignty and Constitutionalism; Part II Constructing a Sovereign Political Identity: the Indian Founding, Chap. 1. Constitution and Revolution, Chap. 2. Creating a United Political Community, Chap. 3. Redefining Popular Sovereignty, Conclusion. Part III, Renewing the Idea of Popular Sovereignty: Post- founding Transformations