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

£95.00

  • Author: Mathew John, O.P. Jindal Global University, India
  • Date Published: January 2024
  • availability: In stock
  • format: Hardback
  • isbn: 9781009317757

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  • This book speaks to debates on law, constitutionalism, and the contested terrain of political identity in modern India. Set against the overwhelmingly liberal design of the Indian Constitution, the book demonstrates a tendency in the Constitution and its practice to identify the Indian people in parochial and communal terms. This tendency is identified as India's Communal Constitution and its imprint on contemporary constitutional practice is illustrated by drawing on the constitutional practice as it addresses religious freedom, personal law, minority rights and the identification of caste groups. Thus, casting the Constitution and its practice as a field of contest, the aspiration to define the Indian people as a community of individual citizens is brought face to face with its antagonists. The most significant of these antagonists is the tendency to cast the Indian people as a collection of communities which this book examines and details as India's Communal Constitution.

    • Illustrates the communal challenge confronting the liberal aspiration of the Indian Constitution
    • Explains the role that law plays in foregrounding and entrenching communal identities
    • Identifies the 'Indian people' as a field of contest in the design and practice of Indian Constitutional law
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    Product details

    • Date Published: January 2024
    • format: Hardback
    • isbn: 9781009317757
    • length: 280 pages
    • dimensions: 237 x 161 x 13 mm
    • weight: 0.35kg
    • availability: In stock
  • Table of Contents

    1. Introduction
    2. The Communalisation of Religion in Indian Constitutional Law
    3. The Communal Image of the People in India's Personal Laws
    4. A Lurking Majoritarianism: A Communal Prism of Minority Rights
    5. Sacralising Caste: The Hindu Resolution of Equal Citizenship
    6. Conclusion: Appraising the Communal Constitution.

  • Author

    Mathew John, O.P. Jindal Global University, India
    Mathew John is Professor and Executive Director, Centre on Public Law and Jurisprudence at the Jindal Global Law School. He completed his doctoral work at the London School of Economics on the impact of secularism on Indian constitutional practice. His research interests are Public Law, Constitutionalism, Governance, Pluralism and Human Rights.

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