Constitutional Philosophy – The Spirit of Law: A Dive into Constitutional Principles 1100 Words
The philosophy of the constitution reflects what generally forms the core foundation of the nation in which such philosophy is based. The Indian Constitution adopted on 26th January 1950 carries a unique blend of ideals based on justice, liberty, equality, and fraternity. It draws inspiration to build the foundation of a democratic, secular, and inclusive society.
The Preamble: The Soul of the Constitution
Preamble is, in actuality, the introduction and is perceived to be the soul of the Constitution. It declared India to be a sovereign, socialist, secular, and democratic republic working towards realizing justice, equality, liberty, and fraternity in its nation for all its citizens.
Sovereign:-
Independent from external control, hence free.
Socialist:-
Bring down inequalities in wealth and opportunities.
Secular:-
Same respect to all religions.
Democratic Republic:-
Elected representatives are entrusted the task to govern the country, and through this process the people is included in the process
Justice: Social, Economic and Political
Constitution has been framed for that type of social order where there will be no exploitation or discrimination.
Social Justice:-
Article 17 declares Untouchability abolished and Article 15 disallows any discrimination on grounds of religion, race, caste, sex, or place of birth.
It also provides positive discrimination in the form of reservation of Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs).
Economic Justice:-
Demands resources in a fair manner to be made available for them (Directive Principles of State Policy, Article 39).
Political Justice:-
Economic goods and services distributor
Right to vote and also the right to contest will make the citizens more strong with equal chances to participate in government.
Liberty: Liberty for All
Constitution provides a right that gives liberty to the citizens
Freedoms that are Guaranteed(Article 19):-
The freedom of speech and expression.
The right to assemble peaceably.
Right to form associations or unions.
The right to move freely throughout, to reside, and for carrying on any trade or business in India.
Protection of Personal Liberty:-
Protection against the arbitrary actions of the state through the right to life and personal liberty (Article 21).
Protection against illegal detention through the writ of habeas corpus
Equality: No Discrimination
Equality is a vital characteristic of the Constitution, whereby every citizen is treated equally under the law.
Articles that Demonstrate Equality
Article 14: Equally before the law and the equal protection of the laws.
Article 15: Equality in matters of public employment and no discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16: Equality of opportunity in public employment. Article 39A: Free legal aid to the economically weaker sections. 5. Fraternity: Promote Unity
The Constitution promotes the spirit of brotherhood so that national integration is maintained and harmony.
Importance
Dignity of the Individual:-
Nondiscrimination as above described ensures everyone feels important.
Unity and Integrity of the Nation:-
There is a diversified language, culture, and religion, therefore bring forth the feeling of unity.
Secularity: Equality to All Religions
Secularity of India is that which the state has no specific religion, but it treats every religion equally.
Key Features:-
Articles 25-28 comprise the right to freedom related to religion.
The state also prohibits religious discrimination in public places and official services.
This philosophy promotes communitarian integration in the pluralistic country of India.
Democratic Values: Power to the People
The Constitution has reminded that power lies in the hands of the people, but gained through a process of periodic elections
Characteristics:-
Universal adult franchise(Article 326) provides an opportunity for every citizen above 18 years of age to exercise his franchise.
Elected representatives account for their activities to the people.
DPSP: Socio-Economic Goals
DPPS, Articles 36-51 reflects the philosophy of the welfare state. Though non-justiciable they set guidelines for the policy makers
Examples:-
Pay for equal work (Article 39).
Compulsory and free education (Article 45).
Protection of Environment and wild life Article 48A.
Fundamental Duties: Citizens’ Responsibility
Introduced by the 42nd Amendment in 1976, the Fundamental Duties, Article 51A reminds the citizens of their responsibilities
Examples
Respect the Constitution, national flag and anthem.
Promote harmony and brotherhood.
Save the environment and public property.
Unitary Bias with Federal Structure
Indian Constitution is a federal structure but at the same time, the characteristic of a strong Central Government has been incorporated.
Features:-
The Seventh Schedule of the Indian Constitution has divided the powers of the Union and the States.
The case of emergency provisions made the Union powerful with suitable overtures to take over during crises.
Defender of the Constitution
The judiciary is also contributing to saving the constitutional provision by resolving all disputes between people and the government .
Features:
Judicial review is adopted so that all laws are framed well according to the Constitution .
PIL provides people with the right to move courts for fractions that cannot directly reach the courts .
Amendability: Pliable Indian Constitution
Indian Constitution is at the same time rigid and pliable. Change is destined to occur .
Models of Model Amendments
Privy purses Abolition (26th Amendment, 1971).
Goods and Services Tax (GST) (101st Amendment, 2016).
Protection of Minorities: Inclusive Indian Constitution
The Constitution provided rights to the minority communities regarding their culture and education.
Inclusive Provisions of the Constitution :-
Article 29:-
It provides protection for minorities regarding their culture.
Article 30:-
It gives the minorities the right to establish and manage educational institutions.14. Social Change: A Holy Document
The Constitution aims to have just one nation that will be equal and fair for everybody.
Concept:-
In the pattern of land distribution was sought to be done away with the zamindari system is a feudalistic form of governance
There is balance created between the acts of Right to Education Act (2009) and MGNREGA in the year 2005.
Universal reach and influence
Indian Constitution draws inspirations from the rest of the world, but is original.
Influences:-
From UK – the doctrine of parliamentary
USA- Fundamental Rights
Ireland- Directive Principles
Conclusion: A Living Document
More than a code of law, it enunciates the philosophy of the Indian Constitution and acts as a promoter and sharer of ideals toward a just, equal, and inclusive society. Under the individual rights, it further propels collective responsibility toward ensuring the aspirations of its citizens are fulfilled. A dynamic constitution, amendments, and judicial pronouncements underline its growth-its ideals of democracy, unity, and progress.
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