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Incompatible institutions: socialism versus constitutionalism in India

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  • Shruti Rajagopalan

Abstract

There has been a decline in rule of law in India, reflected in the frequent amendments to the Indian Constitution. This paper analyzes the historical, ideological, and economic context for constitutional amendments to understand the reason for the deterioration of constitutionalism in India. I argue that the formal institutions of socialist planning were fundamentally incompatible with the constraints imposed by the Indian Constitution. This incompatibility led to frequent amendments to the Constitution, especially in the area of Fundamental Rights. Consequently, pursuit of socialist policies gradually undermined the Constitution. The contradictory mixture of socialism and constitutionalism led to economic and political deprivations that were never intended by the framers. I demonstrate this incompatibility using evidence from five-year-plans and constitutional amendments in India. Copyright Springer Science+Business Media New York 2015

Suggested Citation

  • Shruti Rajagopalan, 2015. "Incompatible institutions: socialism versus constitutionalism in India," Constitutional Political Economy, Springer, vol. 26(3), pages 328-355, September.
    • Handle: RePEc:kap:copoec:v:26:y:2015:i:3:p:328-355
    DOI: 10.1007/s10602-015-9188-0
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    7. Peter J. Boettke, 1995. "Hayek's The Road to Serfdom Revisited: Government Failure in the Argument against Socialism," Eastern Economic Journal, Eastern Economic Association, vol. 21(1), pages 7-26, Winter.
    8. Dicey, Albert Venn, 1915. "Introduction to the Study of the Law of the Constitution," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, edition 8, number dicey1915.
    9. Feler Bose, 2010. "Parliament vs. Supreme court: a veto player framework of the Indian constitutional experiment in the area of economic and civil rights," Constitutional Political Economy, Springer, vol. 21(4), pages 336-359, December.
    10. T. N. Srinivasan, 2005. "Comments on "From 'Hindu Growth' to Productivity Surge: The Mystery of the Indian Growth Transition"," IMF Staff Papers, Palgrave Macmillan, vol. 52(2), pages 229-233, September.
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    Cited by:

    1. Abishek Choutagunta & G. P. Manish & Shruti Rajagopalan, 2021. "Battling COVID‐19 with dysfunctional federalism: Lessons from India," Southern Economic Journal, John Wiley & Sons, vol. 87(4), pages 1267-1299, April.
    2. Nikodym Tomáš & Nikodym Lukáš & Pušová Tereza, 2015. "Post-War Czechoslovakia: A Theoretical Critique," Journal of Heterodox Economics, Sciendo, vol. 2(2), pages 93-112, December.
    3. G. P. Manish & Shruti Rajagopalan & Daniel Sutter & Lawrence H. White, 2015. "Liberalism in India," Econ Journal Watch, Econ Journal Watch, vol. 12(3), pages 432–459-4, September.
    4. Shruti Rajagopalan, 2023. "Mises's dynamics of interventionism: Lessons from Indian agriculture," Southern Economic Journal, John Wiley & Sons, vol. 89(3), pages 657-679, January.
    5. Shruti Rajagopalan & Alex Tabarrok, 2021. "Simple rules for the developing world," European Journal of Law and Economics, Springer, vol. 52(2), pages 341-362, December.
    6. Art Carden, 2023. "Economic planning must be polycentric, not monocentric: Introduction to a symposium on Mises and Hayek on socialism and knowledge," Southern Economic Journal, John Wiley & Sons, vol. 89(3), pages 647-656, January.
    7. Sato, Hajime, 2017. "The Universality, Peculiarity, and Sustainability of Indian Public Interest Litigation Reconsidered," World Development, Elsevier, vol. 100(C), pages 59-68.

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    More about this item

    Keywords

    Indian Constitution; Property rights; Constitutional amendments; Socialist planning; Rule of law; B25; K100; K11; P37;
    All these keywords.

    JEL classification:

    • B25 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - Historical; Institutional; Evolutionary; Austrian; Stockholm School
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • P37 - Political Economy and Comparative Economic Systems - - Socialist Institutions and Their Transitions - - - Legal

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