NEW BOOK - OPEN ACCESS
JUST PUBLISHED: 4 JULY 2025
Narendra Modi’s Bharatiya Janata Party (BJP) has governed India since 2014, marking a decade of challenges to various aspects of India’s democracy and constitutional system. While the last decade may not have left many conspicuous signs textually, the soul of India’s constitutional system has suffered several dents. The ruling government has launched, quite successfully, a project of redefining India, its constitutional identity, and its vision. This edited volume explores these multifaceted challenges and assesses the current state of Indian Constitutionalism.
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Demoptimism spoke with the editors, Anmol Jain and Tania Herklotz:
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“Over a decade now, academics, politicians, judges, and members of civil society have been articulating concerns for the state of India’s Constitution. Given the absence of any significant formal amendments to undermine it, how could the Constitution be said to be under threat? A litany of excellent scholars grapple with different dimensions of this challenge in this rigorous, thought-provoking, and insightful collection. A must read not only for anyone interested in Indian constitutionalism, but also for scholars of constitutional democracy generally.”
Tarunabh Khaitan, London School of Economics and Political Science“This interesting and timely collection explores the impact of successive Modi governments on constitutionalism in India over the decade from 2014, culminating in the federal election of 2024. As explained in the introduction by Tanja Herklotz and Anmol Jain, the book maps developments during this period against the values of the Indian Constitution and reflects on their significance for India’s constitutional identity. The essays span an extraordinary spectrum of developments as perceived by the contributing authors including, for example, the erosion of the functions of independent institutions; attacks on political opposition using the array of mechanisms at the disposal of an executive government; the erosion of fundamental rights, including free speech and equality; the effects of the rise of Hindu nationalism; the decline in the effectiveness of the legislature; and the centralisation of federal authority. The work as a whole engages with a wide range of contemporary constitutional debates, including the interaction of Constitutions with questions of gender and privacy, modes of constitutional amendment, citizenship, and knowledge institutions. It also, necessarily engages with authoritarian practices under the cover of a Constitution, democratic decay, resilience, and pushback. The book is a valuable resource on the Indian constitutional system, showcasing an array of current and emerging Indian scholars. It also makes a significant contribution to comparative constitutional law.”
Cheryl Saunders, University of Melbourne -
1 - Indian Constitutionalism in the Last Decade: Introduction to the Edited Volume―Anmol Jain, Tania Herklotz
2 - Subordination and Arbitrariness in Citizenship Law―Farrah Ahmed
3 - Amending the Constitution Without Deliberation : The Contemporary Indian Constitutionalism Experience―Maansi Verma
4 - Civil Society and its Engagement with the Constitution―Indira Jaising
5 - Concerning State of Academic Freedom in India―Anmol Jain
6 - Tech, State, and Social Media―Akriti Gaur
7 - Selective, Reactive and Liminal : An Overview of India`s Migration Governance Over the Past Decade―S Irudaya Rajan, Anand Sreekumar
8 - The Digital Public Square Meets the Digital Baton : Ten-Year Retrospective on Free Speech Law in India―Abhinav Sekhri
9 - The Right to Education and Democratic Backsliding in India―Gaurav Mukherjee
10 - The End of a Dream? : The Rise and Fall of India`s Secular Constitutionalism―Vrinda Narain
11 - Gender, Equality and the Predicaments of Faith―Raina Kapur
12 - Growing Authoritarianism and Gender Constitutionalism in India: 2014-2024―Surbhi Karwa
13 - The Fabulous and the Fascist : LGBT Rights in Modi`s India―Saptarshi Mandal
14 - India’s Push-and-Pull on Reproductive Rights―Gauri Pillai
15 - A Mandate for a Democratic and Secular India?: The Results of the 2024 General Elections―Yogendra Yadav, Shreyas Sardesai, Rahul Shastri
16 - Uniting the Indian Opposition―Anmol Jain
17 - Towards a Broader Constitutionalism: External Perceptions of Indian Democracy, 2014-2024―Tom Gerald Daly
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Tanja Herklotz is a Postdoctoral Researcher at the Berlin Social Science Center (WZB).
Anmol Jain is an Associated Editor at Verfassungsblog. He holds law degrees from Yale Law School and National Law University Jodhpur (India). He has been the 2023-24 Fox International Fellow at Melbourne Law School and currently teaches law at Jindal Global Law School.
TASTER TEXT
Introduction: Indian Constitutionalism in the Last Decade
Anmol Jain & Tania Herklotz
It isn’t hard to notice that Indian constitutionalism has been undergoing a phase of churning. Today, the foundational ideas upon which the Indian society was aspired to be reconstituted at the time of independence are under deep strain. While the last decade may not have left many conspicuous signs textually, the soul of India’s constitutional system has suffered several dents. The ruling government (…)
TASTER TEXT
Towards a Broader Constitutionalism: External Perceptions of Indian Democracy, 2014-2024
Tom Gerald Daly
In 2016 I was invited to write a piece for an international collection on democratic backsliding. Having submitted a piece including India as a case study, I received an editorial request to write a substitute case study on the basis that insufficient evidence existed for democratic regression. This was understandable: It was in the early years of the first Modi government after the Bharatiya Janata Party’s (BJP) entry into government (…)