History Hour 8 – “Constitutionalism in Goa – (1822-2000)” by Dr. Carmo D’Souza – 18th November 2004.

The topic was divided into two parts:  (1) Constitutionalism during the Portuguese Regime and (2) Constitutionalism in post-Liberation Period.

A brief outline

Constitutionalism during the Portuguese Regime:

The first part focused on the Constitutional Journey through the documents i.e. (a) Constitution of 1822, (2) Charter (Carta) of 1826, ( c) Constitution of 1838, (d) Constitution of 1911, (e) Constitution of 1933 with the Colonial Act, and (e) Alterations to Constitution of 1951.

It is to be noted that some of the documents had a very brief duration. The Carta had a long period of enforcement though with modifications.

Constitutional documents by themselves are not a guarantee that governance was always governed as per the document. History provides evidence to show that there were ups and downs in the Constitutional journey.

The talk highlighted on the provisions in the Constitutions as regards to the Overseas Provinces.

It dealt with the Individual and Human rights in the documents and discuss how these values were planted in the Goan society.

It focused on how the dictatorship of Dr. Salazar was carried through a specially designed Constitution approved by a Nationwide Referendum.

It discussed the various prejudices prevailing in the society, mainly based on gender, caste, class, etc., which prevented the growth of liberal values. For instance while the intellectual class claimed equality with the Portuguese, it failed to apply the same principles within its own society.

 Post-Liberation Indian Constitution

The second part traced the growth of Indian Constitution in post-liberation period and raised certain issues on the same.

It distinguished Constitutionalism as understood in the past and today in the light of old Documents in Goa , the present Portuguese Constitutional Movement  (Constitution of 1976) and the Indian Constitutional development.

Dr Carmo D’Souza
PC: http://goankrazy.blogspot.com/2012/05/books-by-dr-carmo-dsouza-calangute.html

Publications:

Books by Dr Carmo (Law) 1. Legal System in Goa (Vol.  I) – Judicial Institutions   2. Legal System in Goa (Vol. II) – Laws and Legal Trends 3. The Portuguese and Indian Constitutions (A Comparative Study- Vol. I)   4. The Prime Minister of India (A booklet)  5. Towards a World Constitution

Books (Others) 1. Angela’s Goan Identity (Novel)   2. Calangute: In Search of Sands (On Village of Calangute) 3. Discovering Discovery (Travelogue)  4. Yes Ministerji (Humor)   5. Portugal: In Search of Identity (Novel)  

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