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Author: K̲h̲āksār Taḥrīk
Publisher:
Published: 2008
Total Pages: 0
ISBN-13: 9780976033394
DOWNLOAD EBOOK →In 1945, Allama Inayatullah Khan Al-Mashriqi, founder of the Khaksar Tehreek, published "The Constitution of Free India, 1946 A.C.," a monumental work that accommodated the rights of all. This text is a lasting example of the Khaksars' efforts to create a united, independent India.
Author: Rohit De
Publisher: Princeton University Press
Published: 2020-08-04
Total Pages: 308
ISBN-13: 0691210381
DOWNLOAD EBOOK →It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Author: Tom Allen
Publisher: Cambridge University Press
Published: 2000-03-09
Total Pages: 302
ISBN-13: 9780521583770
DOWNLOAD EBOOK →Practical, theoretical and historical approach to constitutional rights to property in Commonwealth countries.
Author: Nasim Yousaf
Publisher:
Published: 2013
Total Pages: 242
ISBN-13:
DOWNLOAD EBOOK →"I grew up learning from my family and the Khaksars about the role of Allama Mashriqi, Mahatma Gandhi, Quaid-e-Azam Mohammad Ali Jinnah, and other leaders in the freedom movement of the Indian sub-continent. And I have dedicated the last seventeen years to research on this topic. In this book, I seek to share this knowledge with the world. My goal is to help unite the human race, a vision inspired from the ideals of my beloved grandfather, Allama Mashriqi." - Scholar and Historian Nasim Yousaf *** In August of 1947, Muslims, Hindus, Sikhs, and others who had lived together peacefully for centuries were torn apart when a united India was divided into Pakistan and India on the basis of the Two-Nation Theory. This partition led to enormous tragedy, as communal riots escalated, families were separated, innocent victims were murdered and females raped. In the years following partition, Pakistan and India fought wars over Kashmir and become nuclear-armed states. Furthermore, hostility between the two countries contributed to terrorism, poverty and constant instability in the region, a situation that persists to this day. All of this could have been avoided had there been an alliance between two prominent leaders of the time: Allama Mashriqi and Mahatma Gandhi. Allama Mashriqi and Mahatma Gandhi shared many similarities - both men left their professions behind and dedicated their lives to liberating India from British rule. Both adopted a life of simplicity and began their grassroots campaigns in the streets and villages of the country. Both were nominated for the Nobel Prize (Mashriqi for his monumental work, Tazkirah, and Gandhi for his non-violence) and shared a common objective of achieving independence for the nation. Yet despite all their similarities, they could not reach agreement on Mashriqi's "The Constitution of Free India, 1946 A.C." nor were they able to work together to achieve a united, independent India. Why? The answers are contained in this book. In "Mahatma Gandhi and My Grandfather, Allama Mashriqi," Mr. Yousaf brings together nearly 17 years of exhaustive research of historical documents as well as firsthand knowledge and insights gained from Allama Mashriqi's wife, sons, daughters, and the Khaksars, who were part of the freedom movement and witnessed the division of India. He takes the reader through a riveting journey as he brings to light a fresh new analysis of the freedom of British India.
Author: Fali S. Nariman
Publisher: Hay House, Inc
Published: 2024-01-02
Total Pages: 365
ISBN-13: 8195991734
DOWNLOAD EBOOK →26 November 1949 marks the date when the longest constitution in the world was formally adopted to guide the largest democracy in the world. It effectively transformed the British Dominion of India into one nation—the independent Republic of India. The supreme law of the land set forth the workings of Indian democracy and polity, and its provisions aimed to secure justice, liberty, equality, and fraternity for the people of India. As drafted and as conceived, the constitution makes provision for a functioning democracy and not an electoral autocracy, and this is how it has to be worked. It is therefore imperative for all citizens to familiarise themselves with its provisions. In this definitive tome, the author (who commenced his legal practice in the year the constitution was enacted) presents his comments in a style that is comprehensive, lucid, and systematic. The book traces the history and the origins of India’s document of governance and explains its provisions. Some of the salient features of the book include: • An educative and informative exposition of the different parts of the Indian Constitution, including a bird’s-eye view of—and with comments on—all the three hundred and ninety-five articles of the constitution and additions made by constitutional amendments. • Provides references of critical cases and prominent constitutional developments up to 31 July 2023. • Insightfully describes the structure, powers, and directive principles of government institutions. • Contains updated judicial pronouncements and legislative and constitutional amendments. In essence, You Must Know Your Constitution is an immensely readable and insightful compendium, inter alia, for judiciary aspirants, academicians, legal and administrative authorities, policymakers, research scholars, and students as well as for general readers who are interested in exploring the manifold facets of India’s core document of governance.
Author:
Publisher: Disha Publications
Published:
Total Pages: 427
ISBN-13: 9395985194
DOWNLOAD EBOOK →Author: Goodwin Liu
Publisher: Oxford University Press
Published: 2010-08-05
Total Pages: 274
ISBN-13: 0199752834
DOWNLOAD EBOOK →Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Robert D. Cooter
Publisher: Princeton University Press
Published: 2020-06-30
Total Pages: 435
ISBN-13: 0691214506
DOWNLOAD EBOOK →Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
