India's Undeclared Emergency: Constitutionalism and the Politics of Resistance

India's Undeclared Emergency: Constitutionalism and the Politics of Resistance

Author: Arvind Narrain

Publisher: Westland

Published:

Total Pages: 292

ISBN-13: 9395073047

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About the Book A SHARP AND NECESSARY ANALYSIS OF THE NATURE OF THE CONSTITUTIONAL CRISIS INDIA FACES TODAY In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase ‘undeclared emergency’ gathers currency as citizens and analysts struggle to define the nature of India’s present crisis. In Undeclared Emergency, Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency—a systematic attack on the rule of law that hits at the foundation of a democracy, its Constitution. This clear-eyed legal analysis of its implications also documents an ongoing history of constitutional subversion, one that predates the Narendra Modi-led NDA government—a lineage of curtailed freedoms, censorship, preventive detention laws and diluted executive accountability. Is history repeating itself then? Not quite. This book is an account of an inaugural era in Indian history. Narrain shows that the Modi government, unlike the Congress government of 1975, draws on popular support and this raises the dangerous possibility that today’s authoritarian regime could become tomorrow’s totalitarian state. A lament, Undeclared Emergency is also a war cry. It charts an alternative inheritance of resistance, acts big and small from the Emergency of 1975, the current day and times long gone. Dissent, Narrain says, is an Indian tradition. The Second Coming is at hand, and Narrain reckons that we have a responsibility to determine what it will look like.


Genres of Emergency

Genres of Emergency

Author: Ayelet Ben-Yishai

Publisher: Oxford University Press

Published: 2023-02-09

Total Pages: 211

ISBN-13: 0192866192

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Genres of Emergency offers literary genre as a way to understand and negotiate the varied states of emergency and crisis that have become a fixture of our contemporary world. Building on a critical study of the literature written during and about the State of Emergency declared by Prime Minister Indira Gandhi in India (1975 - 1977), the study establishes emergency and its genres as an important interpretative site: an exceptionally violent episode marked as a one-off crisis, which also functions as a locus for an ongoing renegotiation of a modern polity and culture. Reading a wide-ranging archive of English-language texts - from prison memoir to popular magazine, from high-brow literary fiction to boilerplate thriller, from the unrelentingly realistic to the mythically allegorical - Genres of Emergency traces the tension between crisis and continuity that these genres mediate. In addressing this tension, the authors of Emergency fiction take seriously the genres in which they write and use them to mobilize literary conventions as political interventions. More specifically, these novels use the conventions of realism, epic, allegory, and the thriller to reach back in time and across cultures and languages, invoking past iterations of these genres and histories and anticipating those to come. Combining literary criticism with cultural history, Genres of Emergency thus has implications for the study of literary genre, for the historical events that these genres recount, and for understanding the politics of literary form.


Of Captivity and Resistance

Of Captivity and Resistance

Author: Sharmila Purkayastha

Publisher: Cambridge University Press

Published: 2023-08-31

Total Pages: 338

ISBN-13: 1009392751

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An intervention in the field of dissenting writings by women political detainees in India in the 1970s, and it straddles three interlinked areas: politics, prison and writing. It focuses on writings arising out of Bengal's Naxalite movement (1967–1975) and from the pan-Indian period of Emergency (1975–1977).


Courts and Judicial Activism under Crisis Conditions

Courts and Judicial Activism under Crisis Conditions

Author: Martin Belov

Publisher: Routledge

Published: 2021-09-22

Total Pages: 319

ISBN-13: 1000436411

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This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.


Banaras

Banaras

Author: Radha Kumar

Publisher: Penguin Random House India Private Limited

Published: 2024-05-30

Total Pages: 454

ISBN-13: 9357085319

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Despite the clear danger of the rise of totalitarianism in today, this book’s aim is to look forward to the moment when democracy will be renewed in the country and ask what lessons can be learnt from past experience to anchor it more firmly when the opportunity arises. It is generally assumed that Indian democracy has had an unbroken run since Independence, with the brief disruption of the 1975–77 Emergency. While those two years saw a stark assault on democratic institutions, Indian democracy had been repeatedly punctured prior to the Emergency, and it has been threatened many times since. The country underwent almost four decades of democracy decay after the founding years of the republic, as compared to the three relatively short-lived waves of democracy renewal. That fact makes an examination of these three waves rather significant.


Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives

Author: Matthias Klatt

Publisher: Bloomsbury Publishing

Published: 2023-11-02

Total Pages: 463

ISBN-13: 150995385X

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This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.


Ways of Remembering

Ways of Remembering

Author: Oishik Sircar

Publisher: Cambridge University Press

Published: 2024-05-31

Total Pages: 362

ISBN-13: 1316512819

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Investigation into how a shared narrative of law and cinema produces ways of collectively remembering mass violence in postcolonial India.


Fabricating Homeland Security

Fabricating Homeland Security

Author: Rhys Machold

Publisher: Stanford University Press

Published: 2024-09-24

Total Pages: 300

ISBN-13: 1503640728

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Homeland security is rarely just a matter of the homeland; it involves the circulation and multiplication of policing practices across borders. Though the term "homeland security" is closely associated with the United States, Israel is credited with first developing this all-encompassing approach to domestic surveillance and territorial control. Today, it is a central node in the sprawling global homeland security industry worth hundreds of billions of dollars. And in the wake of the 2008 Mumbai terrorist attacks, India emerged as a major growth market. Known as "India's 9/11" or simply "26/11," the attacks sparked significant public pressure to adopt "modern" homeland security approaches. Since 2008, India has become not only the single largest buyer of Israeli conventional weapons, but also a range of other surveillance technology, police training, and security expertise. Pairing insights from science and technology studies with those from decolonial and postcolonial theory, Fabricating Homeland Security traces 26/11's political and policy fallout, concentrating on the efforts of Israel's homeland security industry to advise and equip Indian city and state governments. Through a focus on the often unseen and overlooked political struggles at work in the making of homeland security, Rhys Machold details how homeland security is a universalizing project, which seeks to remake the world in its image, and tells the story of how claims to global authority are fabricated and put to work.