Project title

Legalizing Sovereignty in South Asian Constitutionalism

Project description

Across the world, authoritarian and nationalist movements are claiming political power not by suspending constitutions but by working through them, translating their ideologies into the language of constitutionalism itself. Nowhere is this more visible than in contemporary South Asia, where the ethno-nationalist movement of Hindutva in India and the religious movement of Islamism in Pakistan have instrumentalised constitutional democracy to entrench their visions of law and sovereignty, despite having been at odds with the founding principles of both states.

Moiz Tundawala investigates this paradox by situating himself at the intersection of constitutional theory, comparative constitutional law, and the history of political thought. He asks why Hindutva and Islamism, both historically averse to liberal constitutionalism, have chosen to work within constitutional frameworks rather than declare a state of exception; how juridical discourses and practices in India and Pakistan have accommodated these anti-constitutionalist forces; and what this reveals about the relationship between law and sovereignty in the current age of authoritarian populism. Drawing on the key texts of Hindu and Muslim constitutional thought, including the writings of V.D. Savarkar and Abul A’la Maududi, alongside constitutional debates, statutory enactments, and judicial decisions, he weaves together South Asian legal thought and juridical practice into a broader framework for understanding the conflict between constitutionalism and sovereignty in the modern world.

Selected publications