Asiatische Werte? Indigene Charakteristika im indischen Verfassungsrecht. [Asian Values? Indigenous Characteristics of Indian Constitutional Law]

Abstract

This article deals with state formation and constitutional law in India, keywords: hybrid constitution, autochthonous constitutionalism, law and culture. Constitutional design proceeds under the assumption that constitutional institutions have predictable consequences – nevertheless, even where similar constitutional institutions are adopted, different circumstances may make them operate differently. Based on this puzzle and a socio-legal framework, the article illustrates how Indian constitutionalism evolves beyond the common paradigms of Western models of governance, inventing autochthonous legal institutions and constitutional discourses that accommodate vast ethnic diversity, group rights, religious pluralism and positive discrimination. Emphasising the strong constitutional protection of fundamental rights and political pluralism in India, the article rejects the authoritarian proclivities of superficial “Asian Values” debates – much rather, the indigenisation of constitutional ideas is presented as a constant process of restructuring and reinterpretation that is not only embedded within socio-cultural structures but also deliberative, political and reflexive.