Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 17 September 2019

Abstract and Keywords

This chapter examines the concept of constitutional identity as it applies to the Indian Constitution. It first considers the problem of constitutional identity, with particular emphasis on the preservative function of the constitution. It then explains how the constitution acquires an identity that emerges dialogically and represents a combination of political aspirations and commitments reflective of a nation’s past. It also explores the static and dynamic perspectives on identity with regard to the transformational agenda of Indian constitutionalism, along with the underlying politics of constitutional identity and the judiciary’s articulation of the meaning of constitutional identity. The chapter concludes by reviewing two highly controversial cases that have important implications for India’s constitutional identity.

Keywords: constitutional identity, constitutionalism, India, Indian Constitution, judiciary, politics

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.