The Constitution of India: A Contextual Analysis

by Arun K. Thiruvengadam

This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective.The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution.Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

Genres: Law, India, Legal

381 pages, Kindle Edition

Published December 28, 2017

Reviews

[Nishanth Bala · Rating 4 out of 5]

Gives a decent high level understanding of the text that governs close to 1.3 billion people. The author managed to pique my interest in what I previously thought was a pretty dry subject and only for legal experts but it turns out otherwise. Moving onto The Oxford Handbook of the Indian Constitution next which the author cites extensively throughout.

[Mohit Dhanjani · Rating 4 out of 5]

This book was recommended to me by Gautam Bhatia (author of The Transformative Constitution: A Radical Biography in Nine Acts) when I requested him to suggest a book which can serve as an introductory text to the idea of Constitutionalism in general.
As must be clear by its title, this book deals with constitutionalism in context of India in particular, and not constitutionalism in general. For latter, probably The Principles of Constitutionalism by Nick Barber is a book that one can refer to (even though it majorly deals with positive constitutionalism instead of negative one.)

This book by Arun Thiruvengadam is an extremely insightful book, and can easily be considered as the first book that one should read to get an overview of Constitution of India. It is relatively new, and covers the period till 2017 (including some brief mentions of NJAC and GST). Given the structure, substance and arrangement, it is a book that must be read before one proceeds to read The Indian Constitution by Dr. Madhav Khosla.

It is also interesting to note the series of which this book is part of. Almost all major constitutions of the world are covered in the series. For eg. US, UK, and even Pakistan.

This book provides a very authoritative account of Constitution of India, and is definitely a must read.

[Arvind · Rating 2 out of 5]

Thiruvengadam briefly summarises political and judicial developments that shaped the Constitution since Independence. Although initially impressive, the book is a disappointment as he cites an exponent of duplicitous propaganda like Ramachandra Guha as a reference multiple times. In his concluding chapter on Modi's tenure, he misrepresents facts to paint a picture that many sections of biased media conform to. His take can either be alluded to a desperation to be accepted by the torch-bearers of anti-Hindu propaganda who enjoy significant influence in academic circles internationally or plain ignorance. Furthermore, cementing his lack of understanding, he uses caste and varna somewhat interchangeably, proving without an iota of doubt that he is not fit to comment on such matters and is at best an efficient compiler of references.

[Swrang Varma · Rating 4 out of 5]

An enjoyable read that transcends the understandable blindspot that most comparative constitutional law scholars have, which is an overwhelming focus on legal doctrine bereft of, or with very little emphasis, on the influence of socio-political moments and the events where the judiciary isn't always a key driver of change in the shape that the Constitution takes. After reading this book, one truly appreciates the prescience of the framers in assembling a document that would set in place a rational mechanism for the governance of a country with nothing to unite her people except the common goal of attempting to shake off the ghosts of postcolonial practices of top-down governance and paternalism, to finally adopt the individual as its unit.

[Kshitij Kumar · Rating 3 out of 5]

Considering it is written by a law professor I was surprised at how basic its analysis was. And if the point was to create a basic primer for general readers then it fails even more masterfully by using the most dense possible language on the Indian Constitution I have ever read.

[Anand · Rating 4 out of 5]

A great introduction to the Constitution of India with important historical context and a good summary of the key players/concerns.