Post-Founding Transformations

Sarbani Sen

in The Constitution of India

Published in print January 2011 | ISBN: 9780198071600
Published online September 2012 | e-ISBN: 9780199080045 | DOI:
Post-Founding Transformations

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This chapter attempts to trace the path of exercise of the principle of popular sovereignty in the post-founding period in its third stage of redefinition. In the Indian constitutional tradition, in this third form, popular sovereign power expresses itself during periods of ‘constitutional politics’ in Ackerman's sense, through processes of constitutional transformation that break through existing procedures for constitutional change under Article 368, but which nevertheless creatively adapt present institutional forms to generate prolonged periods of discourse between the citizens and political leaders to arrive at a consensus on conflicting issues. This expression of popular sovereign power falls in between the direct exercise of sovereign power by the people to alter and abolish an arbitrary colonial government that occurred in the pre-founding period, and the proceduralized form of opinion and will formation serving to legitimate ordinary law-making in the nation state.

Keywords: constitution; popular sovereignty; post-founding period; sovereign power; constitutional change; property rights; parliament

Chapter.  14900 words. 

Subjects: Constitutional and Administrative Law

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