philosophy of the indian constitution

philosophy of the indian constitution

what is constitution?

1. Set of Rule & Regulation Latin word CONSTITURE - To form, To establish, To compose

2. 1st used - USA - 1st prepared constitution in the world. Enforce on 1789 - smallest constitution in the world

3. It is Supreme law of the world

4. It is not static document It is a dynamic law 5. Referred as Fundamental law of the land, instrument of govt, rule of the land

6. 3 organs / Agents / Branch - of the  govt / const. 

Legislature - law making / policy makers Executive - Implementation

Judiciary - Law interprets

philosophy - the vision of the constitution

• constitution defines the relation between the state ad the individual

• constitution brings stability and order to the actions of the government

• it is connected to the concept of justice

features of the Indian constitution

Constituent Assembly

Elected to write the constitution of India Indirectly elected representative

1st parliament of India Was not elected on the basis of Universal Adult Franchise

Election was held on July 1946 1st meeting held on 9th Dec 1946

Dr. Sachidanand Sinha - temporary president On Dec 11th 1946, Dr. Rajendra Prasad - president of India

H.C. Mukherjee - vice president

B.N. Rau - Advisor of constituent Assembly 13th Dec 1946, Jawaharlal Nehru passed "Objective Resolution" - guiding principles and nature of constituent sovereign, republic, democratic, rights etc.

Types Of Constitution

• Written constitution - USA, Indian, Australian, Canadian constitution

• Unwritten constitution - British & New Zealand constitution

• Enacted constitution - Indian constitution

• Evolved constitution - British constitution

• Federal constitution - American constitution, Indian constitution, Switzerland, Australia and Canada

• Unitary constitution - UK, France, Italy, Japan, China, Sri-Lanka, Iran

• Rigid constitution ,Flexible constitution

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Assembly appointed 17 committee

      a. Union constitution committee - 15 members headed by Nehru

      b. Drafting committee - 6 members headed by Dr. B.R. Ambedkar

      c. Advisory committee

Drafting committee prepared and submitted to president on Feb 1948

It consist of 395 Articles and 8 scheduled on 26th Nov 1949

Took nearly 2 years, 11 months, 18 / 19 days

Come into force on 26th Jan 1950

On 22nd July 1947, our national flag was adopted

Significance of constitution in a democracy

• means of limiting the government power-its the highest law of the land

• means of bringing about changes in a peaceful manner(UAF, elections)

• protection of minority rights-social transformation through state

• Long term goals of Indian polity-freedom, growth and justice

• DPSP-for welfare of the citizen

Sources Of Indian Constitution

  1. PREAMBLE Objective resolution as adopted by the constituent assembly on 22nd Jan 1947

  2. FUNDAMENTAL RIGHTS (PART III) Bill of Rights from America, French declaration of Rights & UDHR (Universal Declaration of Human Rights) 

3. SINGLE citizenship, parliamentary system of GOVT, Constitutional Head of state  British Constitution

 4. WRITTEN Constitution, Vice president & function, Independent Judiciary - Supreme Court & Function American Constitution 

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• 5. DPSP (Part IV), Election of President Irish Constitution 

  6. UNION of India, union & state Relationship Canadian Constitution 

  7. FUNDAMENTAL DUTIES (Part IV A) Russian Constitution

   8. Amendment Procedure South African Constitution 

  9. Part - XVIII  German Constitution

Preamble of Indian Constitution

Who wrote preamble of India?

We the people of INDIA, having solemnly resolved to constitute India in to a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC & to secure to all its Citizens,

Justice - Social, economic, political LIBERTY - of thought, expression, belief, faith & worship EQUALITY - of status & opportunity & to promote among them all FRATERNITY - assuring the dignity of the individual and the unity & integrity of the nation

In Our Constituent Assembly, 26th Nov 1949, do hereby adopt enact & give to ourselves this constitution.

NOTE :- Socialist, Secular & Unity and Integrity words added in preamble - 42nd Amendment Act 1976

Introduction or preface of the constitution

Preamble called identity card of the constitution

1st begin preamble with

Sovereign - Latin word "SUPERANUS" means "SUPREME"

Democratic - it is a govt which is formed by the people and works for the welfare of the people. DEMOCRACY - Greek word "DEMOS" means "the people" "KRATOS" means "RULE or GOVT"

Republic - the authority providing for elected head of state, namely, "The President" 

Socialist - to reduce the gap between the rich & the poor, it was decided to follow the policy of socialism

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Secular - to maintain religious harmony and unity of the country. All citizen are free to practice, preach & profess any religion of their choice

Justice - social justice - equal treatment of all people in matters of religious, caste, race, birth place, etc.

Economic justice - to bridge the gap between the rich and poor

Political justice - participate in pol-system

Liberty - equal before the law, No discrimination shall be made

Fraternity - "Dr. B.R. Ambedkar", Fraternity means spirit of Brotherhood or common Brotherhood

some facts

Fundamental Duties(Part IV A - ART 51 A-K)

Borrowed from Russian

At the time of commencement of the constitution there was no mention of the fundamental duties

It was adopted on the recommendation of the SWARAH SINGH committee appointed by congress party

This committee under study around 50 constitution before recommending the fundamental duties

Influenced by JAPANESE constitution It was added 42nd amendment Act 1976 In 1976, it was 10 duties In 2002, 86th amendment Act added 1 duty to the fundamental duties At present 11 fundamental duties

fundamental duties

• 51 A To abide(obey) by the constitution & respect its ideals & institution. The National Flag & Anthem 

   51 B To follow the Nobel ideas which inspired our National struggle for freedom 

   51 C To protect the sovereignty, unity of India  

  51 D To defend the country and render national service when called upon to do so  

  51 E To promote harmony & spirit of common brotherhood among all the people of India  

fundamental duties

51 F To preserve the rich heritage of our culture  

51 G To protect & improve the Natural environment 

 51 H To develop scientific temper & humanism & the spirit of enquiry & reform

  51 I To safeguard public property

  51 J To strive towards excellence in all sphere of individual & collective activity so that the nation rises to higher level of achievement  

51 K Provide compulsory education between the age of 6 - 14 years

Features of the constitution that promote National Identity/National Integration

1. Dual polity with single citizenship

2. Abolition of communal electorates that were givn under the Indian council act 1909 .It provided for separate representation to the Muslim community at the center and in the provincial legislatures.

3.

procedural achievements

• Decision making by consensus -federal rovisions and language caused a lot of discussion, arguments but the framers overcame them and framed with great unanimity and respect .

• Principle of accommodation -different viewpoints on various important questions like Panchayati Raj, strong center ,decentralization of powers, Right to Property etc. were complex in nature. Regard was give to different view points.

Criticism of the Constitution

• Unwieldy-too long-extraordinary size, Lawyers Paradise, bulky

• Unrepresentative character of the Constituent Assembly- members elected by Provincial Assemblies, represenatatives of the Princely States were nominated by the rulers of those states.

• Alien or Non Indian Constitution-Good mixture of western Constitutions. No reflection of the ancient Indian Polity nor Gandhian Principles.

Limitations and Shortcomings of the Constitution

• A centralized polity- Center made use of this to tighten their control over the states.

• Directive Principles of State Policy are not enforceable by any court. Thus mean very little especially right to work to citizen, assistance in cases of unemployment, old age etc.

• women in India have same rights and privileges, but men repress their womenfolk. Not much attention was paid in this direction by the constitution makers .