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.
 Territories under British Rule now under Indian State.
 Territories to maintain their autonomous status.
 Power and authority of sovereign Indian shall be
derived from its people
 Shall guarantee and secure for its people:
 Justice – Social, Economic and Political
 Equality of Status, Opportunity before Law
 Freedom of Thought, Expression, Belief, Faith,
Worship, Vocation, Association and Action subject
to Law and public morality
 Adequate protection to minorities, backward and tribal
areas, depressed and backward classes
 Integrity of territory
 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
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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
 Cannot be enforced in court of law
 Facilitates interpretation
 Objects
 States source of power
 Objects
 Gopalan vs. State of Madras –> Guiding Star
 Keshavananda’s case –> objectives specified in the
preamble contain the basic structure of our Constitution
Sovereign

 Ultimate sovereignty of the People of India

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 Constitution rests on the Authority of the People
 India member of British Commonwealth –> purpose, i.e.,
Promotion of International Peace

Article 51
 “The state shall endeavour to
 Promote international peace and security
 Maintain just and honourable relations between nations
 Foster respect for international law and treaty
obligations in dealings of organised people with one
another
 Encourage settlement of international disputes by
arbitration

Democratic

 Political and social

 Representative Democracy
 Government OF THE PEOPLE, BY THE PEOPLE AND FOR
THE PEOPLE
 Universal suffrage
 One man one vote
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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”
 Economic democracy
 Therefore all the above ensures “Justice, social, economical
and political”

Republic

 No subordination to External Authority

 Government BY THE PEOPLE AND FOR THE PEOPLE

Liberty

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 Envisages free and Civilised Society
 Part III – Articles 19,25 – 28
 Directive Principles
 Fundamental Duties

Equality

 Assured equality of status and opportunity for development

 Article 15:
No discrimination on grounds of Religion, Race,
Caste, Sex or Place of Birth
 Article 17:
Abolishes untouchability
 Article 18:
Abolishing titles of honour
 Article 16:
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 Equal opportunity in matters of employment
 Article 14
Justiciable Rights

 Article 326
Universal Adult Suffrage

 Socialistic pattern of society to socialism

 SOCIALIST – 46A – 1976
 Need for unity and integrity of nation

Fraternity

 Feeling of Brotherhood/Dignity of Individual

 Abolishing Untouchability
 No Discrimination
 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”
 Dignity of Individual

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Secular

 Articles 25-29 – Freedom of Religion

 Profess and Propagate Religion – Concept one of Law
Socialist

 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

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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