Constitutional Foundings in South Asia

Kevin YL Tan is Adjunct Professor at both the Faculty of Law, National University of Singapore and the S Rajaratnam School of International Studies, Nanyang Technological University.Ridwanul Hoque is Professor of Law at the University of Dhaka, Indonesia and University Fellow at Northern Institute, Charles Darwin University, Australia.

• 1. South Asian Constitutional Foundings: Beyond History Kevin YL Tan, National University of Singapore and Ridwanul Hoque, University of Dhaka, BangladeshIntroduction I. Why this Book? II. Constitutional History Matters A. Constitutional Foundings B. Conditions and Functions of Constitutional Foundings III. Factors Impacting Constitutional Foundings A. Internal Factors B. Local Politics C. Socio-Economic Conditions D. External Factors IV. The Legacies of Constitutional Foundings V. A Note of Acknowledgement 2. India’s Constitutional Founding: An Enduring but Mixed Legacy Arun K Thiruvengadam, Azim Premji University, Bangalore, IndiaIntroduction I. Constitutional Developments in Pre-Modern India and During the Colonial Period (1550–1947) A. The Mughals and the East India Company (1550–1857) B. The British Raj and Colonial Forms of Constitutional Government (1858–1947): A Bird’s Eye View C. The Nationalist Movement and the Build-up of Attempts at Constitution-Making (1885–1947): A Worm’s Eye View II. Crafting a Constitution for Independent India: The Work of the Constituent Assembly (1946–1949) A. Background and Origin of the Constituent Assembly B. The Ambient Atmosphere of Constitution-Making C. Processes, Modes of Functioning, and Stages of Constitution-Making in the Constituent Assembly D. A Survey of Important Provisions and Themes in the Text III. Brief Analysis of Evolution of the Post-Independence Constitutional Order (1947–2019) 3. From Nation to State: Constitutional Founding in Pakistan Sadaf Aziz, Shaikh Ahmad Hassan School of Law, Pakistan and Moeen Cheema, ANU College of Law, AustraliaIntroduction I. Constituent Assemblies as the Site of Constitutional Drafting II. Inchoate Visions of Nationhood III. Competing Visions of Statehood IV. Compromise(d) Constitutionalism V. Conclusion 4. The Founding and Making of Bangladesh’s Constitution Ridwanul Hoque, University of Dhaka, BangladeshIntroduction I. The Emergence of Bangladesh A. Bangladesh and the 1947 Partition of British India B. Bangladesh as Part of Pakistan (1947 to 1971): The Pre-independence Years of Constitution-making II. The Proclamation of Independence and the Provisional Constitution: The First Foundings A. The Proclamation of Independence: The First Interim Constitution B. The Provisional Constitution Order: The Second Interim Constitution III. The Making of Bangladesh’s Founding Constitution: The Drafting Process A. The Constituent Assembly and the Wider Political Policy for Foundings B. The Constitution Drafting Committee C. Adopting the Founding Constitution IV. The Constitution’s Four Identity Principles and the Political Founding A. Nationalism B. Socialism C. Democracy D. Secularism V. The Foundings and the Problem of Inclusive Constitutionalism VI. External Influences on the Founding Constitution VII. Post-1972 Developments and the Impact of Constitutional Foundings VIII. Conclusion 5. Dominion Status and Compromised Foundations: The Soulbury Constitution and Sinhalese Buddhist Nationalist Responses to the Founding of the Ceylonese State, 1931–1956 Roshan de Silva-Wijeyeratne, Griffith University, AustraliaIntroduction I. The Colebrooke-Cameron Commission II. The Donoughmore Reforms III. The Soulbury Commission and the Dominion Constitution IV. Wither Elitism V. Conclusion 6. Constitutional Foundings in Nepal: Experience with Changing Parameters Bipin Adhikari, Kathmandu University, NepalIntroduction I. The 1950–1951 Revolution and the Founding Constitution of 1951 II. The 1951 Interim Constitution and Constitutional Foundings: The Point of Departure III. Promulgation of the Foundational 1959 Constitution IV. The Panchayat Constitution of 1962: Undoing the Founding? V. The 1990 Constitution: Restoring the 1959 Foundings? VI. The Maoist Armed Rebellion VII. Constitution-Making By the People At Last? A. The Interim Constitution 2007 B. Constituent Assembly I C. Constituent Assembly II VIII. The 2015 Constitution IX. Conclusion 7. Making Bhutan’s Constitution: Institutionalising a ‘Traditional’ Monarchy Winnie Bothe is an independent scholarIntroduction I. Historical Trajectories of the Bhutanese Constitution II. The Constitutional Committee III. Consulting the People A. Distributing the First Draft: Ceremony and Symbolism B. The Construction of Citizens as ‘Participants’ IV. The Constitutional Debates V. Discussions between the King and the People VI. Adoption and Content of the Constitution VII. The Traditionalisation of the Constitution VIII. Conclusion 8. Towards a Maldivian Nation-State: The Constitutions of 1932 and 1968 Shamsul Falaah is an Advocate of the Supreme Court of the MaldivesIntroduction I. Historical Backdrop A. Maldives: Origins and a Brief History B. An Historical Overview of the Legal System II. The First Maldives Constitution (1932) A. The Quest for a Written Constitution and Driving Forces B. The Constitution Drafting Process C. Ratification of the First Constitution III. Main Features of the First Constitution A. Structure of the State and Separation of Powers B. The Life and Death of the First Constitution C. A Founding Constitution? IV. Constitutional Developments 1934–1968 A. From Monarchy to Republic B. Main Features of the 1953 Constitution V. The Second Republican Constitution: 1968–1998 A. Resurgence of Republicanism B. Main Features of the Constitution of 1968 VI. Legacy of the Constitutions of 1932 and 1968VII. Conclusion 9. Afghanistan: An Aborted Beginning Ebrahim Afsah, University of Vienna, AustriaIntroduction I. A Contextual Prolegomenon II. Introduction: Where to Begin? III. Constitutionalism and Nation-Building IV. Locating the 1964 Constitution V. Tortuous Transplants and Religious Resistance VI. Constitutions as Tools for Consolidation and Coordination VII. Contestation and Constitutional Compromise VIII. Process and Substance IX. Conclusion