Choudhuri, Salmoli and Tundawala, Moiz (2023) Sovereignty before law. Global Intellectual History. ISSN 2380-1891 (In Press)
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Abstract
The Indian Constitution of 1950 was authored in the shadow of a bloody partition which left at least a million people dead and another fifteen million displaced in what was the largest mass migration in human history. Yet, it is hardly surprising that there is no reckoning with partition in this fundamental charter of rights and governance since all modern constitutions are grounded in sovereign violence which they then seek to repress and sublate within some form of legal and national consensus. Constitutions, after all, are future-oriented in their scope and ambition. Regardless of whether these documents are revolutionary or constitutionalist in emphasis, they at least claim to inaugurate a new beginning by breaking away from the past. Constitution writing in India followed a long period of anti-colonial resistance, but distinct from concretising or curtailing a revolutionary success story, the postcolonial national ideology channelised it to usher in a social revolution
Item Type: | Article |
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Keywords: | Indian Constitution | 1950 | Violent Fraternity: Indian Political Thought in the Global Age |
Subjects: | Social Sciences and humanities > Arts and Humanities > History Social Sciences and humanities > Social Sciences > Social Sciences (General) Social Sciences and humanities > Social Sciences > Law and Legal Studies Social Sciences and humanities > Social Sciences > Cultural Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Subhajit Bhattacharjee |
Date Deposited: | 09 Nov 2023 06:50 |
Last Modified: | 09 Nov 2023 06:50 |
Official URL: | https://doi.org/10.1080/23801883.2023.2269490 |
URI: | https://pure.jgu.edu.in/id/eprint/6873 |
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