THE DREAM AND THE PROMISE

THE DREAM AND THE PROMISE

In this book, we shall study the exact provisions of the Constitution on different subjects. At this stage let us begin by understanding the overall philosophy of what our Constitution is all about. We can do this in two ways. We can understand it by reading the views of some of our major leaders on our Constitution. But it is equally important to read what the Constitution says about its own philosophy. This is what the preamble to the Constitution does.

Let us turn to these, one by one.

Some of you may have noticed a name missing from the sketches of the makers of the constitution: Mahatma Gandhi. He was not a member of the Constituent Assembly. Yet there were many members who followed his vision. Years ago, writing in his magazine Young India in 1931, he had spelt out what he wanted the Constitution to do:

This dream of an India that has eliminated inequality was shared by Dr. Ambedkar, who played a key role in the making of the Constitution but he had a different understanding of how inequalities could be removed. He often bitterly criticised Mahatma Gandhi and his vision. In his concluding speech to the Constituent Assembly he stated his anxiety very clearly:

Finally, let us turn to Jawaharlal Constituent Assembly at the stroke Nehru giving his famous speech to the of midnight on 15 August 1947:

Activity:

 Read the three quotations above carefully

*Can you identify one idea that is common to all these three?

*What are the differences in their ways of expressing that common idea?

Source: This topic is taken from NCERT TEXTBOOK

PHILOSOPHY OF THE CONSTITUTION

PHILOSOPHY OF THE CONSTITUTION

Values that inspired and guided the freedom struggle and were in turn nurtured by it, formed the foundation for India’s democracy. These values are embedded in the Preamble of the Indian Constitution. They guide all the articles of the Indian Constitution. The Constitution begins with a short statement of its basic values. This is called the Preamble to the constitution. Taking inspiration from American model, most countries in the contemporary world have chosen to begin their constitutions with a preamble.

Let us read the Preamble of our Constitution very carefully and understand the meaning of each of its keywords.

The Preamble of the Constitution reads like a poem on democracy. It contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluate any law and action of government, to find out whether it is good or bad. It is the soul of the Indian Constitution.

Note: *The terms ‘Socialist’ and ‘Secular’ were added in Preamble through the 42^nd Constitutional Amendment in 1976.

We, the people of India

The constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers.

Sovereign

People have the supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.

Socialist

Wealth is generated socially and should be shared equally by society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.

Secular

Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect.

Democratic

A form of government where people enjoy equal political rights, elect their rulers, and hold them accountable. The government is run according to some basic rules.

Republic

The head of the state is an elected person and not a hereditary position.

Justice

Citizens cannot be discriminated on the grounds of caste, religion, and gender. Social inequalities have to be reduced. Government should work for the welfare of all, especially of the disadvantaged groups.

Liberty

There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts, and the way they wish to follow up their thoughts in action.

Equality

All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all.

Fraternity

All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.

Activity

Compare the Preambles to the constitutions of the United States of America, India and South Africa.

*  Make a list of ideas that are common to all these three.

*  Note down at least one of the major differences among these.

*  Which of the three makes a reference to the past?

*  Which of these does not invoke God?

Source: This topic is taken from NCERT TEXTBOOK

INSTITUTIONAL DESIGN

INSTITUTIONAL DESIGN

A constitution is not merely a statement of values and philosophy. As we noted above, a constitution is mainly about embodying these values into institutional arrangements. Much of the document called the Constitution of India is about these arrangements. It is a very long and detailed document. Therefore, it needs to be amended quite regularly to keep it updated. Those who crafted the Indian Constitution felt that it has to be in accordance with people’s aspirations and changes in society. They did not see it as a sacred, static and unalterable law. So, they made provisions to incorporate changes from time to time. These changes are called constitutional amendments.

The Constitution describes the institutional arrangements in a very legal language. If you read the Constitution for the first time, it can be quite difficult to understand. Yet the basic institutional design is not very difficult to understand. Like any Constitution, the Indian Constitution lays down a procedure for choosing persons to govern the country. It defines who will have how much power to take which decisions. And it puts limits to what the government can do by providing some rights to the citizen that cannot be violated. The remaining three chapters in this book are about these three aspects of the working of Indian constitution. We shall look at some key constitutional provisions in each chapter and understand how they work in democratic politics. But this textbook will not cover all the salient features of the institutional design in the Indian Constitution. Some other aspects will be covered in your textbook next year.

Source: This topic is taken from NCERT TEXTBOOK