Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/31816
Title: The Rise of Majorities and Emerging Existential Threats to India and China
Authors: Castellino, J
Keywords: affirmative action;minorities;muslims;national identity
Issue Date: 30-Jun-2020
Publisher: Oxford University Press
Citation: Castellino, J. (2020) 'The Rise of Majorities and Emerging Existential Threats to India and China', Chinese Journal of Comparative Law, 8 (3), pp. 538 - 557. doi: 10.1093/cjcl/cxaa018.
Abstract: China and India are comparable in size, complexity, and their relatively recent State-building histories. Commencing in 1947 and 1949 respectively, the relatively recent foundations of India and China highlighted a 'unity in diversity' message. The significance of this lay as much in ideology as in a pragmatism that was both central and relatively successful in bringing what could be argued as many civilizations into singular modern States. While the messages about diversity have always been contested in some quarters by rival ethno-nationalists, they remained significant in laying the foundations for a strong 'national' identity. To the majority populations, Hindu in India and Han in China this called for restraint to any triumphalism or chauvinism; to the minorities, they called for unshakeable loyalty in return for full citizenship rights. In both cases, these messages were backed by constructive affirmative action measures that, irrespective of their efficacy, served to emphasize the 'unity in diversity' message, sowing a degree of fealty towards the State over what may have been more prominent and compelling ethno-religious or ethno-linguistic cleavages. In recent years, however, this message has been significantly altered, as political majoritarianism has begun to oust legally or administratively determined minority protections. This article seeks to offer an assessment of the potential impact on this phenomenon on each country, arguing that it has contributed to instability, sowing seeds for the rise of opposing sub-national identities that the founding parents of each State actively sought to counter in their statecraft.
URI: https://bura.brunel.ac.uk/handle/2438/31816
DOI: https://doi.org/10.1093/cjcl/cxaa018
ISSN: 2050-4802
Other Identifiers: ORCiD: Joshua Castellino https://orcid.org/0000-0003-0010-315X
Appears in Collections:Brunel Law School Research Papers

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FullText.pdfCopyright © 2020 The Author(s). Published by Oxford University Press. This is a pre-copy-editing, author-produced version of an article accepted for publication in Chinese Journal of Comparative Law, following peer review. The definitive publisher-authenticated version Joshua Castellino, The Rise of Majorities and Emerging Existential Threats to India and China, The Chinese Journal of Comparative Law, Volume 8, Issue 3, December 2020, Pages 538–557, is available online at: https://doi.org/10.1093/cjcl/cxaa018 (see: https://global.oup.com/academic/rights/permissions/autperm/?cc=gb&lang=en&).571.03 kBAdobe PDFView/Open


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