Sovereignty before law

Choudhuri, Salmoli and Tundawala, Moiz (2023) Sovereignty before law. Global Intellectual History. ISSN 2380-1891 (In Press)

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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
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
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