Although comparative constitutional law has steadily grown as a field, it still remains narrow in its geographical focus. South Asia, in particular, is an region that has been neglected. In 2013, Sunil Khilnani, Vikram Raghavan, Arun K. Thiruvengadam put together a wonderful collection of essays, Comparative Constitutionalism in South Asia, that helped remedy some of this lack of attention towards the region.
Mark Tushnet and I have tried to continue the conversation with a new edited collection that has just been published by Cambridge University Press: Unstable Constitutionalism: Law and Politics in South Asia. The book argues that the South Asian experience helps us notice the idea of unstable constitutionalism. The essays unpack the idea of constitutional instability; and the forms and sources of instability and the reactions and responses towards it in the region.
The book should hopefully be available in an affordable format in India soon. A small academic event around the book and its themes will take place in New Delhi on January 20, 2016.
Summary: The approach to ‘transformative constitutionalism’ in Bandhua Mukti Morcha vs Union stands in stark contrast to the rationale preferred in Balram Singh. The central issue concerns both...
Summary: The piece analyses the scope of Section 175(4) of the BNSS. The provision requires a Magistrate, before directing an investigation against a public servant, to seek a report from a superior...
The article focuses on how the Constitution (One Hundred and Thirty-first Amendment) Bill, 2026, alters the foundational logic of delimitation itself. In particular, it highlights two underexplored...
The article focuses on how the Constitution (One Hundred and Thirty-first Amendment) Bill, 2026, alters the foundational logic of delimitation itself. In particular, it highlights two underexplored...
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