Constitution and election law related conferences in india
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K.L.E. Society’s Law College Bengaluru is organising the National Law Conference 2019 on ‘Transformative Constitutionalism in India: Reflections on Shifting Paradigms’. It is scheduled on 8th and 9th of April 2019.
THEME: TRANSFORMATIVE CONSTITUTIONALISM IN INDIA: REFLECTIONS ON SHIFTING PARADIGMS
The idea of constitutionalism is as old as the political society. It has been a constant effort of the society to keep the ruler within the defined or undefined bounds. The classical understanding of constitutionalism, that the authority of the government should be limited, has been attributed with a different facet in the welfare state. The constitution has become a means for transformation and it serves as a catalyst to bring socio-economic developments in the society. This facet of constitutionalism is described as ‘transformative constitutionalism’. In an era of pervasive economic globalization, state institutions have subordinated political considerations to economic ones. However, it does not mean that core values of constitution such as Rule of Law, Democracy, Republicanism, Socialism and Secularism are to be given less impetus. State has a constitutional mandate to realise all the constitutional aspirations—justice, liberty, equality, fraternity, dignity, unity and integrity—while the state undergoes transformation. The framers of Indian Constitution have incorporated the provisions to enable the state to bring about the intended transformation with the coordinated efforts of all the organs of the state. Since the adoption of the Constitution, there have been commendable efforts by the State to bring transformation in society such as land reforms, agrarian reforms, educational reforms, social reforms, political reforms, economic policy reforms, health care reforms and development in service sector and infrastructure, all of which have been contributing in achieving transformative constitutionalism. The Constitution of India has been effectively serving as a bridge between past and future of the nation. In this context few issues that are concerned with socio-economic transformation need to be deliberated as they involve conflict of different interests and constitutional values. Thus, the following topics are identified based on their relevance in the present-day socio-economic scenario of the nation in the context of transformative constitutionalism.
Sub Themes:
I. CONSTITUTIONALISM: A SPECTRUM OF IDEAS
The classical understanding of the idea of constitutionalism is that it is a legal limitation on the government. It is the antithesis of arbitrary rule-a government ruled by law enshrining democratic principles, respect for individual rights, and institutions to assure respect for the constitutional blueprint. As opposed to the classical view of constitutionalism, another view is that constitutionalism, in addition to a legal limitation, also includes affirmative action by the state and its functionaries to fulfil the constitutional aspirations.
II. INTERFACE OF SOCIALISM AND CAPITALISM UNDER CONSTITUTIONAL FRAMEWORK OF INDIA
Open market fuelled by capitalist-oriented policies juxtaposed with limited government and socialist oriented schemes are the undisputed realities of the day. This potpourri reflects the blend of capitalism and Indian socialism. In this context, it needs to be deliberated as to how, within the constitutional framework, the life of contradictions is lived up and to be lived.
III. CO-OPERATIVE FEDERALISM FOR TRANSFORMATION
It is a deliberate design of the Constitution of India to create interdependence between centre and states in tune with cooperative federalism. It also facilitates functioning of local self-governments at 3rd tier and its coordination with governments at higher levels. The success of cooperative federalism lies in the coordinated efforts of the governments at centre, states and local levels in evolving and implementing the various social welfare schemes and measures.
IV. PROTECTIVE DISCRIMINATION OF STATES AND TRANSFORMATIVE CONSTITUTIONALISM
In order to address economic, social and geographical disparities among the states and regions within the states, the Constitution of India makes provision for awarding special status and to provide special funds for alleviating the disparities. This protective discrimination, law and policy governing thereof, and fulfilment of the avowed objectives need to be deliberated.
V. ROLE OF JUDICIARY VIS-A-VIS TRANSFORMATIVE CONSTITUTIONALISM
The Indian Judiciary has contributed immensely in making the Constitution a living law of the nation. It has fostered the transformative constitutionalism. While the contribution is generally applauded, serious concerns have been expressed about conforming to the core values of the Constitution of India. Thus, the same is to be analysed and dwelled upon.