Law And Democracy In Contemporary India
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Law And Democracy In Contemporary India
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Author : Tatsuya Yamamoto
language : en
Publisher: Springer
Release Date : 2018-11-27
Law And Democracy In Contemporary India written by Tatsuya Yamamoto and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-27 with Political Science categories.
This book analyses legal orders, actors and democracy in contemporary India, with a particular focus on the everyday contexts and dynamics of human rights, citizenship and socio-economic rights and laws. The contributions explore both ‘institutionalization from above’, where the judiciary and legislative body aim to govern people, and ‘institutionalization from below’, where the governed attempt to expand their substantive rights embedded within their everyday lives. This analysis identifies contact zones between the two directions, which act as spaces for democratic participation and negotiation. Such a perspective should be useful to both those who are interested in Indian politics, and anthropologists and sociologists working on dynamics of laws and rights.
Legal Pluralism And Indian Democracy
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Author : Melvil Pereira
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-28
Legal Pluralism And Indian Democracy written by Melvil Pereira and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Social Science categories.
This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights. Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.
Constitution And Parliamentary Democracy In Contemporary India
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Author : Shivalingappa A. Palekar
language : en
Publisher:
Release Date : 2002
Constitution And Parliamentary Democracy In Contemporary India written by Shivalingappa A. Palekar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Democracy categories.
Democracy And The State
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Author : Niraja Gopal Jayal
language : en
Publisher:
Release Date : 2001
Democracy And The State written by Niraja Gopal Jayal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Democracy categories.
This study examines the relationship between state, society and democracy in India over the last decade of the 20th century, by exploring how the Indian state has fared vis-a-vis its three major goals in independent India: welfare, secularism and development. In exploring some aspects of the discursive terrain of Indian politics, the book provides a narrative which bridges the gap between political theory and empirical political analysis.
Law And The Economy In A Young Democracy
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Author : Tirthankar Roy
language : en
Publisher: University of Chicago Press
Release Date : 2022-02-08
Law And The Economy In A Young Democracy written by Tirthankar Roy and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with Business & Economics categories.
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
Democratic Constitutionalism In India And The European Union
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Author : Philipp Dann
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-28
Democratic Constitutionalism In India And The European Union written by Philipp Dann and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-28 with categories.
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has been long neglected in comparative constitutional studies. This timely and invigorating book showcases a novel comparative approach termed 'slow comparison', counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges. This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.
Dimensions Of Constitutional Democracy
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Author : Anupama Roy
language : en
Publisher: Springer Nature
Release Date : 2020-06-01
Dimensions Of Constitutional Democracy written by Anupama Roy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-01 with Political Science categories.
This book examines a selection of themes that have become salient in contemporary debates on constitutional democracies. It focuses in particular on the experiences of India and Germany as examples of post-war and post-colonial constitutional democracies whose trajectories illustrate democratic transitions and transformative constitutionalism. While transformative constitutionalism has come to be associated specifically with the post-apartheid experience in South Africa, this book uses the transformative as an analytical framework to transcend the dichotomy of west and east and explore how temporally coincident constitutions have sought to install constitutional democracies by breaking with the past. While the constitution-making processes in the two countries were specific to their political contexts, the constitutional promises and futures converged. In this context, the book explores the themes of Constitutionalism, Nationalism, Secularism, Sovereignty and Rule of Law, Freedoms and Rights, to investigate how the contestations over democratic transitions and democratic futures have unfolded in the two democracies. It offers readers valuable insights into how the normative frameworks of constitutional democracy take concrete form at specific sites of democratic and constitutional imagination in Dalit and Islamic writings, as well as the relationship between state and religion in the writings of public intellectuals, political and legal philosophers. The book also focuses on specific sites of contestation in democracies including the relationship between sovereignty and citizenship in post-colonial India, free speech and sedition in liberal democracies, questions of land rights in connection with economic and political changes in contemporary contexts, and the rights of indigenous communities with regard to international conventions and domestic law. Given its scope, it will be of interest to students and scholars of political theory, political philosophy, comparative constitutionalism, law and human rights.
India S Founding Moment
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Author : Madhav Khosla
language : en
Publisher:
Release Date : 2020
India S Founding Moment written by Madhav Khosla and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Constitutional history categories.
"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--
Contemporary India
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Author : Arnold Dashefsky
language : en
Publisher: Routledge
Release Date : 2017-10-06
Contemporary India written by Arnold Dashefsky and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-06 with categories.
Soon after independence, Indian political leadership decided to pursue the attainment of four self-stipulated goals: to attain an improved standard of living through higher rates of growth, to establish a functioning political democracy, to achieve social equality through social re-engineering, and to make a quick transition in making government a servant of the public than being its master as was the case during the previous colonial regime. This book describes the journey from the past to the present in the articulation of these goals and evaluates the extent to which they have been achieved. This book is based on the belief that there is at work a principle of reciprocal causation between society and government. What society wants becomes a mandate for the government. That government is not a disinterested party and its actions, and failures to act, have an immense impact on the working of society. Premchand asserts that there is no aspect of civic life in India that is immune from governmental action. This relationship between government and society during the last six decades since independence is intensively examined. India is a land of paradoxes and surprises. The book covers political, social, and administrative developments during the last decades to provide perspective on the changing relationship between society and governments at various levels. This is followed by studies of the various ways in which classification systems are used in India today, the urban-rural divide, non-resident Indians as neo-change agents, emerging pattern of classes, and the resurgence of religion in everyday life. The final chapters deal with the vast range of discontents in governance, corruption and its impact on civic life, the myth of law and order, and the emergence of a public voice in policymaking. The work is fair, balanced, tough minded, and revealing. It is a must read for specialists, policymakers, and people worldwide for whom India is a civilization of inexhaustible interest.
The State Democracy And Anti Terror Laws In India
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Author : Ujjwal Kumar Singh
language : en
Publisher: SAGE Publications Pvt. Limited
Release Date : 2007-01-12
The State Democracy And Anti Terror Laws In India written by Ujjwal Kumar Singh and has been published by SAGE Publications Pvt. Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-12 with Law categories.
Laws like the Prevention of Terrorism Act (POTA) are enacted to address what the state describes as extraordinary situations and put in place exceptions to the ordinary legal and judicial procedures. By examining public debates surrounding extraordinary laws like POTA and the Terrorist and Disruptive Activities (Prevention) Act (TADA) and also specific cases, trials and judgements under the Acts, the author - argues that extraordinary laws have ramifications for people’s lives, political institutions, the rule of law and democratic functioning; - shows how such laws assume ‘normalcy’ and acquire a place of permanence in state practices; and - examines the ways in which such extraordinary laws manifest dominant configurations of political power and ideology. While exploring the unfolding of POTA in specific contexts, the book shows how the law was enmeshed in the politics of Hindutva, electoral and coalition politics, centre-state relations, the politics of repression and reconciliation against nationality struggles, and issues of poverty and development.