Abstract

PASQUALE, Sofia  and  THRESSIAMMA PANIKULANGARA, Paul. Origin and Development of the Constitution of India: An Example of Balance Between Religious Tradition and Laicism. Frónesis [online]. 2009, vol.16, n.1, pp.63-89. ISSN 1315-6268.

India has nourished diverse cultures and religions: the Hindu, Islamic and western traditions, the latter due to British presence until the mid-twentieth century. In the field of law, this crossing of different traditions has produced constitutional experiences that well represent an example of balance between tradition, religious culture and secular culture that is valuable for all mankind. This article treats two aspects in the area of constitutional law. The first includes an analysis regarding the origin of the Constitution of India as a unified expression of two types of legal codes: one lay-statutory and the other traditional religious-cultural. In the second aspect, the study tries to show how the specific case of India is one of the most interesting having transferred the guarantees of traditions from the principal cultures historically present in its vast territory, into Constitutional Law in order to assure a permanent social peace.

Keywords : India; constitution; hinduism; islam; east india company.