India's Communal Constitution: Law, Religion, and the Making of a People

This book explores the debates on law, constitutionalism, and political identity in modern India, highlighting the tendency of the Indian Constitution to identify the Indian people in parochial and communal terms. It demonstrates how this Communal Constitution impacts constitutional practice, particularly in areas such as religious freedom, personal law, minority rights, and caste identification.

Format: Hardback
Length: 280 pages
Publication date: 04 January 2024
Publisher: Cambridge University Press

This book delves into profound discussions surrounding law, constitutionalism, and the intricate and contentious realm of political identity in contemporary India. Set against the backdrop of the Indian Constitution, which is characterized by a predominantly liberal framework, the book reveals a recurring tendency within the Constitution and its implementation to narrowly define the Indian people in terms of parochial and communal identities. This inclination is recognized as India's Communal Constitution, and its impact on modern constitutional practice is explored by examining how the Constitution addresses issues such as religious freedom, personal law, minority rights, and the identification of caste groups. By framing the Constitution and its practices as a domain of contention, the book challenges the aspiration to establish the Indian people as a unified community of individual citizens. At the heart of this opposition lies the tendency to portray the Indian people as a conglomeration of communities, which this book meticulously examines and outlines as India's Communal Constitution.

The book's exploration of these dynamics highlights the complex interplay between the Constitution, societal norms, and the pursuit of a unified national identity in India. It sheds light on the challenges faced by the country in reconciling its diverse cultural, religious, and social traditions while upholding the principles of constitutionalism and individual rights. Through its detailed analysis and insightful perspectives, the book contributes to a deeper understanding of the complex dynamics shaping India's political landscape and offers valuable insights into the ongoing debates surrounding law, constitutionalism, and political identity.

Weight: 352g
Dimension: 161 x 238 x 15 (mm)
ISBN-13: 9781009317757