Constitutional Foundings in South Asia

1. South Asian Constitutional Foundings: Beyond History
Kevin YL Tan, National University of Singapore and Ridwanul Hoque, University of Dhaka, Bangladesh
Introduction
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, India
Introduction
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, Australia
Introduction
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, Bangladesh
Introduction
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, Australia
Introduction
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, Nepal
Introduction
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 scholar
Introduction
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 Maldives
Introduction
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 1968
VII. Conclusion

9. Afghanistan: An Aborted Beginning
Ebrahim Afsah, University of Vienna, Austria
Introduction
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