The Transformative Constitution: A Radical Biography in Nine Acts


Gautam Bhatia - 2019
    Yet the working of the Constitution over the last seven decades has often failed to fulfill that transformative promise. Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

Republic of Rhetoric: Free Speech and the Constitution of India


Abhinav Chandrachud - 2017
    Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been advanced substantially before by any of the leading thinkers on the right of free speech in India.

The Indian Constitution


Madhav Khosla - 2012
    Combining authoritative analysis, new ideas, and diverse perspectives, they discuss subjects which are topical yet enduring, as also emerging areas of study and debate. Giving identity to over a billion people, the Indian Constitution is one of the world's great political texts. Drafted over six decades ago, its endurance and operation have fascinated and surprised many. In this short introduction, Madhav Khosla brings to light its many features, aspirations, and controversies. How does the Constitution separate power between different political actors? What form of citizenship does it embrace? And how can it change? In answering questions such as these, Khosla unravels the document's remarkable and challenging journey, inviting readers to reflect upon the theory and practice of constitutionalism in the world's largest democracy.

The Cases That India Forgot


Chintan Chandrachud - 2019
    Written in a lively, riveting style, this book has a cast of characters that includes the who’s who of the Indian legal system. It also paints an unexpected picture of the Indian judiciary: the Courts are not always on the right side of history or justice, and they don’t always have the last word on the matters before them. This entertaining book is an incisive look into the functioning of Indian institutions.

Sixteen Stormy Days: The Story of the First Amendment of the Constitution of India


Tripurdaman Singh - 2020
    Passed in June 1951 in the face of tremendous opposition within and outside Parliament, the subject of some of independent India's fiercest parliamentary debates, the First Amendment drastically curbed freedom of speech; enabled caste-based reservation by restricting freedom against discrimination; circumscribed the right to property and validated abolition of the zamindari system; and fashioned a special schedule of unconstitutional laws immune to judicial challenge.Enacted months before India's inaugural election, the amendment represents the most profound changes that the Constitution has ever seen. Faced with an expansively liberal Constitution that stood in the way of nearly every major socio-economic plan in the Congress party's manifesto, a judiciary vigorously upholding civil liberties, and a press fiercely resisting his attempt to control public discourse, Prime Minister Jawaharlal Nehru reasserted executive supremacy, creating the constitutional architecture for repression and coercion.What extraordinary set of events led the prime minister—who had championed the Constitution when it was passed in 1950 after three years of deliberation—to radically amend it after a mere sixteen days of debate in 1951?Drawing on parliamentary debates, press reports, judicial pronouncements, official correspondence and existing scholarship, Sixteen Stormy Days challenges conventional wisdom on iconic figures such as Jawaharlal Nehru, B.R. Ambedkar, Rajendra Prasad, Sardar Patel and Shyama Prasad Mookerji, and lays bare the vast gulf between the liberal promise of India's Constitution and the authoritarian impulses of her first government.

The Argumentative Indian: Writings on Indian History, Culture and Identity


Amartya Sen - 2005
    The Argumentative Indian is "a bracing sweep through aspects of Indian history and culture, and a tempered analysis of the highly charged disputes surrounding these subjects--the nature of Hindu traditions, Indian identity, the country's huge social and economic disparities, and its current place in the world" (Sunil Khilnani, Financial Times, U.K.).

The Case that Shook India: The Verdict That Led to the Emergency


Prashant Bhushan - 1978
    The watershed case, Indira Gandhi v. Raj Narain, acted as the catalyst for the imposition of the Emergency. Based on detailed notes of the court proceedings, The Case That Shook India is both a significant legal and a historical document.The author, advocate Prashant Bhushan, provides a blow-by-blow account of the goings-on inside the courtroom as well as the manoeuvrings outside it, including threats, bribes and deceit. As the case goes to the Supreme Court, we see how a ruling government can misuse legislative power to save the PM's election.Through his forceful and gripping narrative, Bhushan vividly recreates the legal drama that decisively shaped India's political destiny.

Democracy on the Road


Ruchir Sharma - 2019
    Democracy on the Road takes readers on a rollicking ride with Ruchir and his merry band of fellow writers as they talk to farmers, shopkeepers and CEOs from Rajasthan to Tamil Nadu, and interview leaders from Narendra Modi to Rahul Gandhi.No book has traced the arc of modern India by taking readers so close to the action. Offering an intimate view inside the lives and minds of India’s political giants and its people, Sharma explains how the complex forces of family, caste and community, economics and development, money and corruption, Bollywood and Godmen, have conspired to elect and topple Indian leaders since Indira Gandhi. The ultimately encouraging message of Ruchir’s travels is that, while democracy is retreating in many parts of the world, it is thriving in India.

India's Legal System: Can It Be Saved?


Fali S. Nariman - 2006
    But how are lawyers and the judicial system in India perceived today? It is no secret that the very thought of facing the courts in India leaves the common man with a sense of dread and despair; cases drag on interminably, and justice sometimes seems like an afterthought. Who or what is responsible for this situation? Where have we lost our way? It is at times good to see ourselves as others see us, and the picture is not a very flattering one, argues Fali S. Nariman, renowned constitutional expert, practising lawyer and president of the Bar Association of India. In this frank and thought-provoking book, he realistically appraises the performance of those in the profession and what they need to do in the years ahead, and addresses some home truths about our country's legal system.

Working a Democratic Constitution: A History of the Indian Experience


Granville Austin - 2000
    Austin's magnum opus tells the very human story of how the social, political, and day-to-day realities of the Indian people have been reflected in and directed the course of constitutional reforms since 1950.

The Arthashastra


Chanakya
    It identifies its author by the names 'Kauṭilya' and 'Vishnugupta', both names that are traditionally identified with Chanakya (c. 350–283 BC), who was a scholar at Takshashila and the teacher and guardian of Emperor Chandragupta Maurya, founder of the Mauryan Empire. The text was influential until the 12th century, when it disappeared. It was rediscovered in 1904 by R. Shamasastry, who published it in 1909. The first English translation was published in 1915.Roger Boesche describes the Arthaśāstra as "a book of political realism, a book analysing how the political world does work and not very often stating how it ought to work, a book that frequently discloses to a king what calculating and sometimes brutal measures he must carry out to preserve the state and the common good."Centrally, Arthaśāstra argues how in an autocracy an efficient and solid economy can be managed. It discusses the ethics of economics and the duties and obligations of a king. The scope of Arthaśāstra is, however, far wider than statecraft, and it offers an outline of the entire legal and bureaucratic framework for administering a kingdom, with a wealth of descriptive cultural detail on topics such as mineralogy, mining and metals, agriculture, animal husbandry, medicine and the use of wildlife. The Arthaśāstra also focuses on issues of welfare (for instance, redistribution of wealth during a famine) and the collective ethics that hold a society together.

In Service of the Republic: The Art and Science of Economic Policy


Vijay Kelkar - 2019
    

RSS: A View to the Inside


Walter K. Andersen - 2018
    This book fundamentally addresses three key questions: ● Why has the Rashtriya Swayamsevak Sangh (RSS) and its affiliates expanded so rapidly over the past twenty-five years? ● How have they evolved in response to India's new socio-economic milieu? ● How does their rapid growth impact the country's politics and policy?With unprecedented access, Walter K. Andersen and Shridhar D. Damle lift the curtains to help us understand the inner workings of the Sangh. Backed by deep research and case studies, this book explores the evolution of the Sangh into its present form, its relationship with the ruling party, the BJP, their overseas affiliates and so much more.

India After Gandhi: The History of the World's Largest Democracy


Ramachandra Guha - 2007
    An intricately researched and elegantly written epic history peopled with larger-than-life characters, it is the work of a major scholar at the peak of his abilities...

A New Idea of India: Individual Rights in a Civilisational State


Harsh Gupta 'Madhusudan' - 2020
    Rajeev and Harsh, two brilliant young authors, confront these political scientists head on with a fabulous book.’-Jagdish Bhagwati, University Professor, Columbia University‘It has become fashionable to suggest that the Indian right has no intellectuals. Rajeev and Harsh set about disproving this in their well-researched and fluently written book. Though there is much I disagree with in both their premises and their conclusions, it is a pleasure to engage with their ideas and find much common ground in the defence of free speech, economic freedom, government reform and individual liberty.’-Shashi Tharoor, MP and author‘We need our own understanding to build a new idea of India. An idea of India that is actually connected to the real India. An idea of India that works. A good first step to build that is to read this wonderful book by these two young intellectuals.’-Amish Tripathi, Director, The Nehru Centre and authorFor the better part of seven decades after independence, the Nehruvian idea of India held sway in India's polity, even if it was not always in consonance with the views of Jawaharlal Nehru himself. Three key features constituted the crux of the Nehruvian way: socialism, which in practice devolved to corruption and stagnation; secularism, which boxed citizens into group membership and diluted individual identity; and non-alignment, which effectively placed India in the Communist camp.In the early nineties, India started a gradual withdrawal from this path. But it was only in 2019, with Narendra Modi’s second successive win in the general elections, that this philosophy is finally being replaced by a worldview that acknowledges India as an ancient civilisation, even if a young republic, and that sees citizens as equal for developmental and other purposes. A New Idea of India constructs and expounds on a new framework beyond the rough and tumble of partisan politics.Lucid in its laying out of ideas and policies while taking a novel position, this book is illuminated by years of research and the authors’ first-hand experiences, as citizens, entrepreneurs and investors, of the vagaries and challenges of India.