Philosophy of Indian Constitution

One, it provides a set of basic rules that allow for minimal coordination amongst members of society.

Second, it specify who has the power to make decisions in the society, i.e., how the governmement will be constituted.

Third, it set some limits on what a government can impose on its citizens.

Last but not the least, Constitution enables the government to fulfil the aspirations of a society and create conditions for a just society. In a general sense, it lays down the structure of power and obligations of the rulers toward the citizens. Indian Constitution, too, was guided by some ideals, vision and philosophy reflected in following manner:

1. Preamble: Just as a book begins with a preface, a Constitution begins with a preamble. It shows what the Constitution aims at. Or, in other words, what kind of society it ought to be set up in the country. Though the Preamble is not a part of the legal section of the Constitution, still, it is very important. Because it shows the way the government ought to run. The Preamble sets out what the objectives of our government and the kind of system the Constitution wishes to set up in India. It speaks of a sovereign, secular, socialist, democratic, republic, social, political and economic justice, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity, fraternity assuring the dignity of the individual and the unity and the integrity of the nation. Thus the Preamble, by combining the ideals of social, political and economic democracy seeks to establish what Mahatma Gandhi described as the “India of my dreams”. These are the prominent characteristics of the Preamble of our Constitution:

a) It clearly establishes at the outset that irrespective of the difference in socio-economic status the people of India are one and they are the ultimate source of all authority,

b) The people of India has adopted in the Preamble the democratic ideal which assures to the citizens the dignity of the individual and other cherished human values as a means to the full evaluation and expression of his personality, and while delegating to the Legislature, the Executive and the Judiciary their respective powers in the Constitution, they have reserved to themselves certain fundamental rights.

c) The four basic principles or the four pillars of an egalitarian society-Justice, Liberty, Equality and Fraternity are very categorically highlighted in the Preamble. Though they may sound grandiose and rhetoric, yet they serve as the goals which the nation will inspire and strive for.

d) It also highlights the imperative need to establish a just society, where there would be no discrimination of any citizen on the basis of caste, creed, colour or sex.

e) It declares the basic types of government and polity which is sought to be established in the country.

Thus, Preamble to our Constitution serves two important purposes:

· It indicates the source from which the Constitution derives its authority;

· It states the objects which the constitution seeks to establish and promote.

2. Sovereign, socialist, secular and Democratic: The Constitution is not a gift of British Empire but ordained by the people of India to themselves.

3. Republic: The Preamble declares unequivocally that the source of authority is the people. While Pakistan remained a Dominion until 1956, India declared herself a ‘Republic’ in 1949.

4. A Representative Democracy: In our Constitution, the most abiding theme that crossed over the minds of members of the Assembly to establish a Democratic form of Government wherein people will elect their representative to reflect their views and sentiments.

5. Economic and Social Justice

6. Liberty, Equality and Fraternity

7. Dignity of the Individual

8. Fundamental Duties

9. Promotion of International Peace

© Kanoon Jaano