Chapter 5 PHILOSOPHY AND FEATURES OF INDIAN CONSTITUTION

The constituent assembly is an assembly of chosen representatives who gather to draft a

constitution. It is also called the constitution assembly. As the constitution is the fundamental
document for the functioning of the state, it cannot be amended or modified by the normal
legislature procedures

The first constituent assembly in India was elected in 1946 and it also served as the
first Parliament of Independent India. Dr Rajendra Prasad was chosen as the First President of
the Constituent Assembly. The Assembly approved the Constitution of India on 26th
November 1949 and this day is remembered as Constitution Day in India.

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; 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.
Key words in the Preamble
We, the people of India: It indicates the ultimate sovereignty of the people of India.
Sovereignty means the independent authority of the State, not being subject to the control of
any other State or external power.

Sovereign: The term means that India has its own independent authority and it is not a
dominion of any other external power. In the country, the legislature has the power to make
laws which are subject to certain limitations.

Socialist: The term means the achievement of socialist ends through democratic means. It
holds faith in a mixed economy where both private and public sectors co-exist side by side.

It was added in the Preamble by 42nd Amendment, 1976.

Secular: The term means that all the religions in India get equal respect, protection and support
from the state.

It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.

Democratic: The term implies that the Constitution of India has an established form of
Constitution which gets its authority from the will of the people expressed in an election.

Republic: The term indicates that the head of the state is elected by the people. In India, the
President of India is the elected head of the state.
Objectives of the Indian Constitution
The Constitution is the supreme law and it helps to maintain integrity in the society and to
promote unity among the citizens to build a great nation.

1) Justice: It is necessary to maintain order in society that is promised through various

provisions of Fundamental Rights and Directive Principles of State Policy provided
by the Constitution of India. It comprises three elements, which is social, economic,
and political.

2) Social Justice – Social justice means that the Constitution wants to create a society
without discrimination on any grounds like caste, creed, gender, religion, etc.

3) Economic Justice – Economic Justice means no discrimination can be caused by

people on the basis of their wealth, income, and economic status. Every person must
be paid equally for an equal position and all people must get opportunities to earn
for their living.

4) Political Justice – Political Justice means all the people have an equal, free and
fair right without any discrimination to participate in political opportunities.

5) Equality: The term ‘Equality’ means no section of society has any special
privileges and all the people have given equal opportunities for everything
without any discriminations. Everyone is equal before the law.

6) Liberty: The term ‘Liberty’ means freedom for the people to choose their way of
life, have political views and behavior in society. Liberty does not mean freedom to
do anything, a person can do anything but in the limit set by the law.

7) Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional

attachment with the country and all the people. Fraternity helps to promote dignity
and unity in the nation.
Silent Features of Indian Constitution
1. Lengthiest Written Constitution

There are two types of constitutions: written (like the American Constitution) and unwritten (like
the British Constitution). In other words, of all the written constitutions in the world, the Indian
Constitution is the longest. It is an extremely thorough, intricate, and extensive document.
2. Drawn from Various Sources

The majority of the provisions of the Indian Constitution were taken from other nations’
constitutions as well as from the Government of India Act of 1935 (about 250 of the Act’s
provisions were included into the Constitution). Dr. B. R. Ambedkar proclaimed with pride that
the Indian Constitution was drafted after “ransacking all known Constitutions of the world.” The
Government of India Act of 1935 served as the foundation for a substantial portion of the
Constitution’s structural provisions.

3. Blend of Rigidity and Flexibility

There are two types of constitutions: stiff and flexible. A rigid constitution, like the American
Constitution, is one that must be amended through a certain process. A flexible constitution, like
the British Constitution for instance, is one that can be changed in the same way that regular laws
are produced. The Indian Constitution is a special illustration of how rigidity and flexibility may
coexist. A constitution’s amendment process determines whether it is rigid or flexible.

4. Federal System with Unitary Bias

A federal structure of governance is established under the Indian Constitution. Every characteristic
of a federation is present, including two governments, a division of powers, a written constitution,
the supremacy of the Constitution, its rigour, an independent judiciary, and bicameralism.

5. Parliamentary Form of Government

The presidential system is founded on the notion of the separation of powers between the two
organs, whereas the parliamentary system is based on the idea of cooperation and coordination
between the legislative and executive organs. The parliamentary system is established by the
Constitution both at the Center and in the States. It is known as a “Prime Ministerial Government”
since the prime minister’s position has grown so important in parliamentary systems.

6. Synthesis of Parliamentary Sovereignty & Judicial Supremacy

The British Parliament is linked to the theory of parliamentary sovereignty, while the American
Supreme Court is linked to the doctrine of judicial supremacy. The Indian Supreme Court has
less judicial review authority than the US Supreme Court, much as how the Indian parliamentary
system varies from the British one. This is so that it can be contrasted with the Indian
Constitution’s “procedure established by law” and the American Constitution’s guarantee of
“due process of law” (Article 21).
7. Rule of Law

The statement is essential to a democracy. The notion that the rule of law is supreme in a
democracy is more significant. The main component of law is custom, which is nothing more than
the ordinary people’s ingrained behaviors and beliefs over a lengthy period of time.
Rule of law, in the end, refers to the supremacy of the collective knowledge of the people.

8. Integrated and Independent Judiciary

A single, integrated judicial system exists in India. The Indian Constitution also establishes an
independent judiciary by preventing the legislature and government from having any influence
over it. The supreme court of the legal system is known as the Supreme Court. The state-level
High Courts are superior courts to the Supreme Court. District courts and other lower courts fall
within the high court’s hierarchy of subordinate courts.

9. Fundamental Rights

Six Fundamental Rights are guaranteed to all citizens of India under Part III of the constitution.
One of the key components of the Indian Constitution is the guarantee of fundamental rights.
Such rights cannot be revoked by a majority. The purpose of the fundamental rights is to further
the notion of democratic democracy.

10. Directive Principles of State Policy

The Directive Principles of State Policy are a “new aspect,” in Dr. B. R. Ambedkar’s words, of
the Indian Constitution. They are listed in the Constitution’s Part IV. For the sake of ensuring
social and economic justice for our citizens, the Directive Principles were incorporated into our
Constitution. According to Directive Principles, money will not be concentrated in the hands of
a small number of people under India’s welfare state.

11. Fundamental Duties

The fundamental obligations of citizens were not outlined in the original constitution. It outlines
a list of ten Fundamental Duties that all Indian people must uphold. One more essential
obligation was later added by the 86th Constitutional Amendment Act of 2002. While the duties
are expectations placed on every citizen, the rights are offered to the people as guarantees.

12. Indian Secularism

India’s Constitution upholds a secular government. As a result, it does not support a specific
religion as the state’s official religion in India. The idea seeks to create a secular state. This does
not imply that the Indian government is hostile to religion. The Indian constitution exemplifies
secularism, which is the practice of treating all religions equally or providing equal protection
for all of them.

13. Universal Adult Franchise

One person, one vote is the foundation upon which Indian democracy is based. Elections are open
to all Indian citizens who are 18 years old or older, regardless of caste, sex, colour, religion, or
status. The mechanism of universal adult franchise set forth in the Indian Constitution establishes
political equality in India.

14. Single Citizenship

As is the case in the USA, citizens of federal states typically have dual citizenship. There is just
one citizenship in India. It implies that every Indian is a citizen of India, regardless of where
they were born or where they currently reside. All Indian citizens have equal access to
employment opportunities throughout the nation and to all of India’s rights.

15. Independent Bodies

The Indian Constitution establishes a number of independent entities in addition to the legislative,
executive, and judicial branches of the federal and state governments. The Constitution views them
as the cornerstones of India’s democratic system of government.

16. Emergency Provisions

The authors of the Constitution anticipated that there might be circumstances in which the
government could not function as it does in normal circumstances. The Constitution elaborates
on emergency provisions to deal with such circumstances. During a crisis, the state governments
take complete control of the federal government, which gains absolute authority.
17. Three-Tier Government

The Indian Constitution originally called for a dual polity and included clauses describing the
structure and authority of the Centre and the States. Later, a third level of governance (local
government)
Dr. B.R. Ambedkar

Dr. Bhimrao Ambedkar is one of the most celebrated political figures in

India. He has contributed greatly to the country and its politics pre and post-
independence. He is the one who lead the committee which drafted it. He
was a champion of Dalit rights and made many provisions to ensure
equality for them. He was also a supporter of women’s rights and created
various provisions in the Constitution for the same. He was known for his
intellect and forward-thinking. He believed everyone deserves to live with
dignity.

Contributions of Dr. B.R. Ambedkar to the Constitution of India

 Dr. B.R. Ambedkar is known as the father of the Indian Constitution and has contributed to it
in various ways. He was responsible for the drafting of the constitution and wrote various
provisions which ensure equality for all the citizens of the country.

 Ambedkar was the Chairman of the Drafting Committee and drafted the Constitution with its
various laws.

 He made provisions in the constitution for women and lower communities to ensure equity.

 Ambedkar was responsible to foresee the drafting of the Constitution and answer any
objections raised.

 It was also his responsibility to ensure that everyone’s suggestions were considered and
incorporated into the draft of the Constitution.

 He made the Constitution people-centric and introduced concepts like a reservation to ensure
equal opportunities.

Dr Ambedkar wrote several books in his lifetime. He wrote three books on economics –
“Administration and Finance of the East India Company“; “The Evolution of Provincial Finance
in British India“; and “The Problem of the Rupee: Its Origin and Its Solution“. “The Annihilation
of Caste“, based on a speech he was supposed to give, is considered one of the most authoritative
works on Dalit life and politics till date. His other writings include “What Congress and Gandhi
have done to the Untouchables“, and “Pakistan or the Partition of India“. The Ministry of External
Affairs has also published his entire collection of written works and speeches in 17 volumes.
Jawaharlal Nehru

Jawaharlal Nehru was born on 14 November 1889 in Allahabad to a Kashmiri

Pandit family. His father, Motilal Nehru, was a wealthy barrister a prominent
figure in the Indian national movement. Nehru was educated at a number of
elite institutions including the Harrow School and Trinity College,
Cambridge. He trained in law at Inner Temple, London where he encountered
Fabian Society scholars. Later, Nehru would be known for his advocacy of
fabian socialism. After his return from London in 1912, Nehru enrolled
himself as an advocate of the Allahabad High Court.

Contributions of Jawaharlal Nehru to the Constitution of India

Nehru began working for the Indian National Congress after returning from London and soon
moved up the party ranks. He led the Non-Cooperation Movement and the Kisan Movement in
the United Provinces in 1920, participated in the protest against the Simon Commission in 1928,
moved the Purna Swaraj Declaration in 1930, led the Civil Disobedience Movement in the United
Provinces in 1930 and participated in the Quit India Movement in 1942. He was arrested and
imprisoned by the British multiple times and cumulatively spent close to 9 years in prison.

He held the post of the President of the Indian National Congress many times and was the Prime
Minister of the interim Indian Government between 1946 and 1950.

Nehru was elected to the Constituent Assembly from the United Provinces on a Congress Party
ticket and held important positions on various committees. He actively participated in the
Assembly debates on several key issues, including his landmark speech on the Objectives
Resolution.

Nehru served as India’s first Prime Minister for 17 years, from 1947 to 1962. As Prime Minister,
he played a critical role in the Indian economy: he was instrumental in the adoption of import
substitution and the development of the heavy industries sector. He established many academic
institutions including the All India Institute of Medical Sciences, the Indian Institutes of
Technology, the Indian Institutes of Management and the National Institutes of Technology.

As a tribute to Nehru, his birthday is celebrated as Children’s Day across India. He advocated for
children’s rights and considered children as the real strength of a nation and the foundation of
society.

He died on 27 May 1967 in New Delhi due to coronary thrombosis