Extrapolating from the ideas of Elinor Ostrom and scholars of the commons, the conceptualization of the Constitution as a commons opens the Constitution out to radical, insurgent readings that redefine belonging and ownership—it is no longer the property of state legislatures and courts to (mis)interpret in the service of political expediency/judicial bias/equivocation. It is the people who, through collective action and civic engagement, hold institutions to account and provide the tools and experiences that must shape constitutional interpretation. This article will examine the emergence of the constitution-as-commons as the space for a public, shared, collectively crafted jurisprudence of citizenship, occupying the commons of the nation and the commons that the Constitution in fact is, bringing space and belonging together in unanticipated ways. What are the implications for courts and for the futures of the Constitution of the rupture of a sequestered “constitutional jurisprudence” through the articulation of an expansive, inclusive constitution-as-commons by “we, the people?”

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References

References
Anzaldua, Gloria.
1987
.
Borderlands/La Frontiera: The New Mestiza
.
San Francisco
:
Aunt Lute Books
.
Choudhury, Chitrangada; Aga, Aniket.
2020
. “
In Memoriam: Sociologist and Activist Abhay Xaxa
.”
India Forum
,
April
3
. .
Citizens Against Hate
.
2020
.
Everyone Has Been Silenced: Police excess against anti-CAA protesters in Uttar Pradesh, and post-violence reprisal
.
New Delhi
:
Citizens Against Hate
. .
Daniyal, Shoaib.
2019
. “
‘I Am Miya’: Why Poetry by Bengal-Origin Muslims in Their Mother Tongue Is Shaking Up Assam
.”
Scroll.in
,
June
14
. .
Hess, Charlotte; Ostrom, Elinor.
2007
. “
Introduction: An Overview of the Knowledge Commons
.” In
Understanding Knowledge as a Commons: From Theory to Practice
, edited by Hess, Charlotte; Ostrom, Elinor,
10
.
Cambridge, MA and London
:
MIT Press
.
Jones, Martha S.
2018
.
Birthright Citizens: A History of Race and Rights in Antebellum Amer-ica
.
Cambridge
:
Cambridge University Press
.
Kannabiran, Kalpana.
2012
.
Tools of Justice: Non-Discrimination and the Indian Constitution
.
New Delhi
:
Routledge
.
Kannabiran, Kalpana.
2019
. “
What Use is Poetry: Excavating Tongues of Justice around Navtej Singh Johar v. Union of India
.”
National Law School of India Review
31
, no.
1
,
1
31
.
Kannabiran, Kalpana; Singh, Sarojini Nadimpally Navsharan; Goswami, Roshmi; Philipose, Pamela.
2020
. “
Interrogating the “Normal” in Kashmir: Report of a Visit to the Valley, January 31 to February 5, 2020
.”
Indian Cultural Forum
,
March
4
. .
LaDuke, Winona; Cowen, Deborah.
2020
. “
Beyond Wiindigo Infrastructure
.”
South Atlantic Quarterly
119
, no.
2
:
257
.
Maitreya, Yogesh.
2018
. “
In the Verses of Dalit Shahirs, You Can Hear the History of India’s Anti-Caste movement
.”
Scroll.in
,
June
9
. .
Mignolo, Walter D.; Walsh, Catherine E..
2018
.
On Decoloniality: Concepts, Analytics, Praxis
.
Durham, NC
:
Duke University Press
.
Puar, Jasbir K.
2017
.
The Right to Maim: Debility, Capacity, Disability
.
Durham, NC
:
Duke University Press
.
Shaheen Bagh Official
(@Shaheenbaghoff1).
2020
.
Twitter
. .
Singh, Aditi.
2020
. “
Delhi Court Grants Bail to Bhim Army Chief Chandra Shekhar Azad (Subject to Several Conditions)
.”
Bar and Bench
,
January
15
. .
Tella, Ramya K.
2020
. “
Responsibility in Viral Times: A Note from India
.”
Discover Society
,
March
30
. .
Wanaan, Zanaan.
2020
. “
Kashmiri Bella Ciao
.”
YouTube
,
February
23
. .