'India’s Republican Constitution' a talk by Prof. Sudhir Krishnaswamy at Seminar Room, Library Building, Nehru Memorial Museum & Library (NMML), Teen Murti House, Teen Murti Marg > 3pm on 19th February 2014
Time : 3:00 pm
Entry : Free (Seating on First-Come First-Served basis)
Place : Seminar Room, Library Building, Nehru Memorial Museum & Library (NMML), Teen Murti House, Teen Murti Marg, New Delhi - 110011
Venue Info : Events | About | Map | Nearest Metro Station - 'Race Course(Yellow Line)'
Event Description : The Nehru Memorial Museum and Library cordially invites you to a Public Lecture in the ‘India in Transition’ series on ‘India’s Republican Constitution’ by Prof. Sudhir Krishnaswamy, Azim Premji University, Bengaluru.
Abstract : Dr. Ambedkar, the Chairperson of the Drafting Committee of the Constitution of India 1950, initiated the debate on the place and significance of directive principles in the constitution by squarely confronting the problem of understanding constitutional provisions that are not primarily enforced by the courts. The ensuing debate focused on three questions: the content of principles placed in Part IV of the constitution; the role of the courts in the enforcement of these principles and whether constitutional principles with diminished legal force should be included in the constitution. Notwithstanding the conclusions in these founding debates the constitutional struggles around the implementation of directive principles have motivated almost a quarter of the 100 constitutional amendments since 1950. Further, many of the important institutional battles between the legislature, executive and courts in the last 6 decades of Indian constitutional history have been about achieving directive principles without forsaking fundamental rights. There is no doubt that these problems of implementation arise in part from the inherent novelty that arose from the placement of principles of political justice in Part IV of the Indian constitution. As these problems remain in contemporary constitutional practice we must recognize that the challenge to develop a coherent theoretical understanding of the nature of directive principles and a doctrinal framework that protects these principles in an appropriate manner remains a central concern in Indian constitutional law. In this paper the speaker will argue that the key to understanding the constitutional status of directive principles is to recognize their distinctive republican character: first, the commitment to non-domination in political, economic and social life and secondly, novel institutional arrangements that establish the priority of the deliberative and representative institutions of the state to determine constitutional meaning leaving the courts in a secondary role.
Speaker : Prof. Sudhir Krishnaswamy is Professor of Law at Azim Premji University, Bengaluru and the Dr. BR Ambedkar Visiting Professor of Indian Constitutional Law, Columbia Law School New York. He graduated with a BA LLB (Hons) from the National Law School of India University, Bengaluru and a Doctor of Philosophy (Law) and Bachelor of Civil Law degrees from the University of Oxford. His book titled Democracy and Constitutionalism in India develops a new theoretical and doctrinal understanding of the place of the basic structure doctrine in Indian constitutional law. His academic research and writing focuses on areas of constitutional and administrative law, property law and law and development with a special focus on Indian legal system reform. He is a Founder of the Centre for Law and Policy Research, which works to redefine the concept and practice of public interest lawyering in India.
Entry : Free (Seating on First-Come First-Served basis)
Place : Seminar Room, Library Building, Nehru Memorial Museum & Library (NMML), Teen Murti House, Teen Murti Marg, New Delhi - 110011
Venue Info : Events | About | Map | Nearest Metro Station - 'Race Course(Yellow Line)'
Event Description : The Nehru Memorial Museum and Library cordially invites you to a Public Lecture in the ‘India in Transition’ series on ‘India’s Republican Constitution’ by Prof. Sudhir Krishnaswamy, Azim Premji University, Bengaluru.
Abstract : Dr. Ambedkar, the Chairperson of the Drafting Committee of the Constitution of India 1950, initiated the debate on the place and significance of directive principles in the constitution by squarely confronting the problem of understanding constitutional provisions that are not primarily enforced by the courts. The ensuing debate focused on three questions: the content of principles placed in Part IV of the constitution; the role of the courts in the enforcement of these principles and whether constitutional principles with diminished legal force should be included in the constitution. Notwithstanding the conclusions in these founding debates the constitutional struggles around the implementation of directive principles have motivated almost a quarter of the 100 constitutional amendments since 1950. Further, many of the important institutional battles between the legislature, executive and courts in the last 6 decades of Indian constitutional history have been about achieving directive principles without forsaking fundamental rights. There is no doubt that these problems of implementation arise in part from the inherent novelty that arose from the placement of principles of political justice in Part IV of the Indian constitution. As these problems remain in contemporary constitutional practice we must recognize that the challenge to develop a coherent theoretical understanding of the nature of directive principles and a doctrinal framework that protects these principles in an appropriate manner remains a central concern in Indian constitutional law. In this paper the speaker will argue that the key to understanding the constitutional status of directive principles is to recognize their distinctive republican character: first, the commitment to non-domination in political, economic and social life and secondly, novel institutional arrangements that establish the priority of the deliberative and representative institutions of the state to determine constitutional meaning leaving the courts in a secondary role.
Speaker : Prof. Sudhir Krishnaswamy is Professor of Law at Azim Premji University, Bengaluru and the Dr. BR Ambedkar Visiting Professor of Indian Constitutional Law, Columbia Law School New York. He graduated with a BA LLB (Hons) from the National Law School of India University, Bengaluru and a Doctor of Philosophy (Law) and Bachelor of Civil Law degrees from the University of Oxford. His book titled Democracy and Constitutionalism in India develops a new theoretical and doctrinal understanding of the place of the basic structure doctrine in Indian constitutional law. His academic research and writing focuses on areas of constitutional and administrative law, property law and law and development with a special focus on Indian legal system reform. He is a Founder of the Centre for Law and Policy Research, which works to redefine the concept and practice of public interest lawyering in India.
Related Events : Talks
'India’s Republican Constitution' a talk by Prof. Sudhir Krishnaswamy at Seminar Room, Library Building, Nehru Memorial Museum & Library (NMML), Teen Murti House, Teen Murti Marg > 3pm on 19th February 2014
!['India’s Republican Constitution' a talk by Prof. Sudhir Krishnaswamy at Seminar Room, Library Building, Nehru Memorial Museum & Library (NMML), Teen Murti House, Teen Murti Marg > 3pm on 19th February 2014]()
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Wednesday, February 19, 2014
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