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4 - India

Citizens’ Duties in Aspiring to Equality

from Equality

Published online by Cambridge University Press:  23 January 2025

Christina R. Bambrick
Affiliation:
University of Notre Dame, Indiana
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Summary

The framers of the Indian Constitution laid explicit foundation for horizontal application, specifically in Articles 15, 17, 23, and 24. The constitutional debates reveal deep disagreements about the country’s future. At the same time, the textual provisions for horizontal application evince a clear vision on the part of key framers, such as B. R. Ambedkar and Jawaharlal Nehru, to combat entrenched systems of caste and discrimination. These and other framers aimed to instill a new fraternity across the polity, in part by holding private actors accountable for constitutional commitments. In the ensuing years, the Supreme Court vacillated between emphasizing the constitution’s conservative and transformative elements, often under the watchful eye of other governing institutions. For example, the Court largely yielded to Indira Gandhi’s excesses during the Emergency Era of the 1970s, and later to the Hindu-nationalist BJP’s agenda. Likewise, the Court’s development of horizontal application has been somewhat uneven, applying constitutional duties to private actors in a handful of cases. In those instances, involving such salient issues as labor, sexual assault, housing, and education, the constitutional discourses that emerge echo republican rationales from the founding era.

Type
Chapter
Information
Constitutionalizing the Private Sphere
A Comparative Inquiry
, pp. 101 - 142
Publisher: Cambridge University Press
Print publication year: 2025

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  • India
  • Christina R. Bambrick, University of Notre Dame, Indiana
  • Book: Constitutionalizing the Private Sphere
  • Online publication: 23 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781009293723.005
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Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • India
  • Christina R. Bambrick, University of Notre Dame, Indiana
  • Book: Constitutionalizing the Private Sphere
  • Online publication: 23 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781009293723.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • India
  • Christina R. Bambrick, University of Notre Dame, Indiana
  • Book: Constitutionalizing the Private Sphere
  • Online publication: 23 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781009293723.005
Available formats
×