

Decolonization and India’s Constitutional Order
May 28, 2025
Sandipto Dasgupta, Assistant Professor of Politics at the New School for Social Research and author of "Legalizing the Revolution," dives into India's unique constitutional journey post-decolonization. He discusses how anticolonial movements shaped radical ideas of freedom and how those translated into institutional frameworks. The conversation tackles the disconnect between the Congress Party and the masses, the belief in a planned economy to avert social upheaval, and the troubling rise of majoritarianism amid diminishing parliamentary power.
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Decolonization Shapes Constitutions
- Postcolonial constitutions are innovative efforts to institutionalize anticolonial aspirations, not just borrowed templates.
- Understanding constitutions requires integrating decolonization's history and politics, not only legal theory.
A Revolution to Prevent
- Indian constitutional framers feared a future social revolution driven by unaddressed mass economic and social demands.
- To prevent chaos, they aimed for a managed, gradual social transformation through controlled revolution.
Transformational Constitutionalism Explained
- India's constitution was designed to enable transformation, not just preserve order as conventional constitutions do.
- This 'transformational constitutionalism' prioritizes facilitating controlled social change over mere stability.