Anmol Jain & Tanja Herklotz (eds.)

Indian Constitutionalism at Crossroads: 2014-2024

Year of Publication: 2025

ISBN Print: 978-3-819755-19-4

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.

As with all our Verfassungsbooks, the digital edition is Open Access. A print copy can be ordered at your local bookstore or from major online retailers, with worldwide delivery available.

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