Constitution Database

The central aim of Constitution Database is to help students of law and common citizens to acquaint with a sense of what scholarship is being produced within the law but to also provide a limited sense of how scholars in other disciplines (especially political scientists) approach the subject – Constitutional Law and Governance. Although this resource is primarily aimed at public lawyers, it also aims to provide a way to bridge understanding between law and other disciplines in this area, as well as between academics and policymakers. For non-lawyers, this resource will hopefully provide a useful window into how thinking within legal scholarship is developing in this area. 

[Note: The Resources Database provides a list of useful links to aid you in further reading and research. It is not intended to be exhaustive but suggestions for additions are most welcome: simply e-mail to us at [email protected]]

  • Andhyarujina & William Wade, Judicial activism and constitutional democracy in India
  • Upendra Baxi, The Supreme Court and Politics
  • Tarunabh Khaitan, The Theory of Discrimination Law
  • Tripurdaman Singh, Sixteen Stormy Days: The Story of the First Amendment to the Constitution of India
  • Ashok Desai, Supreme but not Infallible: Essays in Honour of the Supreme Court of India
  • Madhav Khosla, India’s Founding Moment: The Constitution of a Most Surprising Democracy
  • Choudhary, Khosla & Mehta, Oxford Handbook on Indian Constitution
  • Rohit De, A People’s Constitution: The Everyday Life of Law in the Indian Republic
  • Granville Austin, The Indian Constitution: Cornerstone of a Nation
  • Granville Austin, Working a Democratic Constitution
  • Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts
  • Justice V R Krishna Iyer, Constitutional Miscellany
  • Justice O Chinnappa Reddy, The Court and the Constitution of India: Summits and Shallows
  • Aakash Singh Rathore, Ambedkar’s Preamble: A Secret History of the Constitution of India
  • Anuj Bhuwania, Courting the People: Public Interest Litigation in Post-Emergency India
  • Gautam Bhatia, Offend, Shock, or Disturb: Free Speech under the Indian Constitution
  • Abhinav Chandrachud, Republic of Rhetoric: Free Speech and the Constitution of India
  • Shreya Atrey, Intersectional Discrimination
  • Tom Bingham, The Rule of Law
  • Abhinav Chandrachud, Due Process of Law
  • K G Kannabiran, The Wages of Impunity: Power, Justice and Human Rights
  • Nani Palkhivala, Our Constitution: Defaced & Defiled
  • N.S. Ramnath, The Aadhaar Effect: Why The World’s Largest Identity Project Matters
  • Sudhir Krishnaswamy, Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine
  • Dr. B.R. Ambedkar, Annihilation of Caste, Access it here.
  • Baby Kamble, The Prisons We Broke
  • Suraj Yengde, Caste Matters
  • Yashica Dutt, Coming out as a Dalit
  • Kancha Ilaiah, Why I am not a Hindu
  • Uma Chakravarti, Gendering Caste through a Lens of Feminist
  • Baburao Bagul, When I Hid My Caste
  • Sujata Gidla, Ants Among Elephants
  • Daya Pawar, Baluta
  • Urmila Pawar, The Weave of My Life: A Dalit Woman’s Memoir
  • Ed. Sunaina Arya & Akash Singh Rathore, Dalit Feminist Theory: A Reader
  • Sharmila Rege, Writing Caste Writing Gender: Narrating Dalit Women’s Testimonials
  • Dr. B.R. Ambedkar & Kancha Ilaiah, Beef, Brahmin and Broken Men
  • Anand Tembule, Republic of Caste
  • Dr. B.R. Ambedkar, Conversion as Emancipation
  • Dr. B.R. Ambedkar, The Untouchables: Who they were and why they become Untouchables
  • Anand Tembule, The Persistence of Caste
  • Dr. B.R. Ambedkar, What Congress and Gandhi has done to the Untouchables
  • Mulk Raj Anand, Untouchable
  • U. R. Ananthamurthy, Samskara: A Rite for a Dead Man, translated by A. K. Ramanujan
  • Viramma with Josiane Racine and jean Luc Racine, Viramma: Life of an Untouchable
  • Dag-Erik Berg, Dynamics of Caste and Law: Dalits, Oppression and Constitutional Democracy in India, Cambridge University Press
Case notes database
  • Chaitanya Singh, Executive Aggrandisement and Democratic Backsliding in India: A Conceptual Analysis, access it here.
  • Minnah Abraham, Indian Constitution and Constitutionalism: Transformative Application, access it here.
  • Tarunabh Khaitan, Executive Aggrandizement in Established Democracies: A Crisis of Liberal Democratic Constitutionalism, access it here.
  • Nancy Bermeo, On Democratic Backsliding, access it here.
  • Tarunabh Khaitan, Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India, access it here.
  • Jan-Werner Mueller, Populism and Constitutionalism, access it here.
  • Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta, Locating Indian Constitutionalism, access it here.
  • Tarunabh Khaitan, Political insurance for the (relative) poor: How liberal constitutionalism could resist plutocracy, access it here.
  • Lord Cooke of Thorndon, The Constitutional Renaissance, access it here.
  • The international IDEA Policy paper, Moving Beyond Transitions to Transformation: Interactions between Transitional Justice and Constitution-Building (University of Edinburgh), access it here.
Tenth Schedule/Defection
  • Chaitanya Singh, Constitutional Crisis in Rajasthan: Analysing the role of Whip, access it here.
  • Rohan Bhatnagar, Analyzing the Scope of Voluntary Forfeiture of Political Party Membership, access it here.
  • Udit Bhatia, Cracking the whip: the deliberative costs of strict party discipline, access it here.
  • Rajya Sabha, Role of the leader of the House, Leader of Opposition and Whip: Brief History, access it here.
  • The Law Commission of India, 170th Report on Reform of the Electoral Laws (May 1999), access it here.
  • Udit Bhatia, Guest Post: The Absence of Deliberative Democracy – The Fetters of the Anti-Defection Law, access it here.
  • Gautam Bhatia, Anti-Defection and Expelled Members: Text, Structure, History, and Theory, access it here.
  • Gautam Bhatia, Judicial Supremacy amid the Breakdown of Constitutional Conventions: What the Karnataka Controversy Tells Us about our Parliamentary Democracy, access it here.
  • Vibhor Relhan, The Anti-Defection Law Explained, access it here.
  • Sakshi Agarwal, Role of the Speaker Under Tenth Schedule, access it here.
  • Csaba Nikolenyi & Shaul Shenhav, In Search of Party Cohesion: The Emergence of Anti-Defection Legislation in Israel and India, access it here.
  • Jeet Chaudhuri, Whether Dissent Equals Defection in the Indian Parliament?, access it here.
Contempt of court [Article 129 and 215]
  • Chaitanya Singh, Contempt of Court: Analysis of the Jurisdiction of an “infallible” Court, access it here.
  • Mriganka Shekhar Dutta & Amba Uttara Kak, CONTEMPT OF COURT: FINDING THE LIMIT, access it here.
  • Gautam Bhatia, Addendum: Contempt and the Supreme Court’s Humpty Dumpty Jurisprudence, access it here.
  • Gautam Bhatia, Free Speech and Contempt of Court – I, access it here.
  • G. V. Mahesh Nath & Audhi Narayana Vavili, Contempt of Court and Free Expression – Need for a Delicate Balance, access it here.
  • Olav Albuquerque, Free speech vs contempt of court, access it here.
  • Thomas Luscher, Freedom of Speech and Press as a Limitation on the Contempt Power, access it here.
  • Kamlesh Pandya, THE CONCEPT OF CONTEMPT OF COURT IN INDIA, access it here.
Jurisdiction of the Supreme Court
  • Pooja Jha, Supreme Court’s Advisory Jurisdiction under Article 143, access it here.
  • Panya Mathur, Gender Equality or Religious Beliefs: Conflicting Rights?, access it here.
  • Panya Mathur, The ‘Essentiality’ of the Essential Religious Practice Test: A Constitutional Paradox?, access it here.
  • Tarunabh Khaitan & Jane Norton, Religion in human rights law: A normative restatement, access it here.
  • Tarunabh Khaitan & Jane Norton, The right to freedom of religion and the right against religious discrimination: Theoretical distinctions, access it here.
  • Daphna Hacker, Religious Tribunals in the Democratic States: Lessons from the Israeli Rabbinical Courts, access it here.
  • Lori G. Beaman, Battles over Symbols: The “Religion” of minorities versus the “culture” of majority, access it here.
Dissents and protests in a democracy
  • Brian Martin, Protest in a liberal democracy, access it here.
  • Chaitanya Singh, Right to Protest, Restrictions and Democracy: Supreme Court and the Chilling Effect, access it here.
  • Roland Bleiker, The Politics of Change: Why Global Democracy Needs Dissent, access it here.
  • OSCE Office for Democratic Institutions and Human Rights (ODIHR), Guidelines on Freedom of Peaceful Assembly, access it here.
  • Supreme Court of India, Mazdoor Kishan Shakti Sangathan v. Union of India, access it here.
  • Rajeev Bhargava, The right to protest in a free society, access it here.
  • Justice (Retd.) Madan B. Lokur, Our Fundamental Rights to Free Speech and Protest Are Being Eroded and Mauled, access it here.
  • Pratap Bhanu Mehta, The Dissenter as Criminal: Reflections on Dissent and the Law, watch it here.

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