5 - Philosophy Of The Constitution

Philosophy of the Constitution 

Philosophy of Indian Constitution can be initially gleaned from the Historic Resolution of Pandit Nehru and adopted by Constituent Assembly on 22/01/1947. 

Declared itself to be an Independent, Sovereign, Republic.

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Territories under British Rule now under Indian State.

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Territories to maintain their autonomous status.

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Power and authority of sovereign Indian shall be derived from its people

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Shall guarantee and secure for its people: 

Justice – Social, Economic and Political

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Equality of Status, Opportunity before Law

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Freedom of Thought, Expression, Belief, Faith, Worship, Vocation, Association and Action subject to Law and public morality

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Adequate protection to minorities, backward and tribal areas, depressed and backward classes

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Integrity of territory 

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Recognition of Sovereign Rights on Land, Sea and Air according to Justice and Law of Civilised Nations.

Shall aim towards world peace and welfare of mankind.

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The Preamble “We the people of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC And to secure to all its citizens: JUSTICE, social, economic and political LIBERTY, of thought, expression, belief, faith and worship EQUALITY of status and of opportunity 2

and to promote among them all FRATERNITY assuring the dignity of the individual and the UNITY and INTEGRITY of the nation In our CONSTITUENT ASSEMBLY this Twenty Sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS Constitution. 

States objects of Constitution

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Cannot be enforced in court of law

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Facilitates interpretation 

Objects 

States source of power

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Objects

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Gopalan vs. State of Madras –> Guiding Star

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Keshavananda’s case –> objectives specified in the preamble contain the basic structure of our Constitution

Sovereign

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Ultimate sovereignty of the People of India 3

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Constitution rests on the Authority of the People

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India member of British Commonwealth –> purpose, i.e., Promotion of International Peace

Article 51 

“The state shall endeavour to 

Promote international peace and security

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Maintain just and honourable relations between nations

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Foster respect for international law and treaty obligations in dealings of organised people with one another

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Encourage settlement of international disputes by arbitration

Democratic

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Political and social

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Representative Democracy

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Government OF THE PEOPLE, BY THE PEOPLE AND FOR THE PEOPLE 

Universal suffrage

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One man one vote 4

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No distinction on basis of sex and religion

Political Democracy based on Social Justice 

Dr Ambedkar “Political democracy cannot last unless there lies at its base social democracy... liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity”

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Economic democracy

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Therefore all the above ensures “Justice, social, economical and political”

Republic

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No subordination to External Authority

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Government BY THE PEOPLE AND FOR THE PEOPLE

Liberty

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

Envisages free and Civilised Society

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Part III – Articles 19,25 – 28

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Directive Principles

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Fundamental Duties

Equality

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Assured equality of status and opportunity for development

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Article 15: No discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth

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Article 17: Abolishes untouchability

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Article 18: Abolishing titles of honour

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Article 16: 6

Equal opportunity in matters of employment 

Article 14 Justiciable Rights

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Article 326 Universal Adult Suffrage

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Socialistic pattern of society to socialism

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SOCIALIST – 46A – 1976

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Need for unity and integrity of nation

Fraternity

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Feeling of Brotherhood/Dignity of Individual

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Abolishing Untouchability

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No Discrimination

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Article 1 of Declaration of Human Rights, 1948: “All human beings are born free and equal in Dignity and Rights. They are endowed with Reason and Conscious and should act towards one another in Spirit of Brotherhood”

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Dignity of Individual

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Secular

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Articles 25-29 – Freedom of Religion

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Profess and Propagate Religion – Concept one of Law

Socialist

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Welfare State

OUTSTANDING FEATURES OF THE CONSTITUTION 1.

Drawn from different sources

2.

Supplemented by a number of subsequent amendments

3.

More flexible than rigid

4.

Reconciliation of Written Constitution with Parliamentary Sovereignty

5.

Conventions (British) play role in Constitution

6.

Fundamental Rights and Writs – an important aspect of the Constitution 8

7.

Independent Judiciary with power of Judicial Review

8.

Aims at Social Equality

9.

Universal Franchise without Communal Representation

10. Provision for Parliamentary Government combined with elected President at the head 11. Federal System with Unitary Basis 12. Integration of States

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