Model Answer
0 min readIntroduction
The Constitution of India, adopted in 1950, is a landmark document embodying the aspirations of a newly independent nation. While its structural framework draws heavily from the Government of India Act, 1935 – particularly in areas like federal scheme, provincial autonomy, and public service commissions – its philosophical underpinnings are far more diverse and deeply rooted. These philosophical foundations reflect a synthesis of Western political thought, experiences of other constitutional democracies, and the rich intellectual and spiritual heritage of India. Understanding these sources is crucial to grasping the core values and principles that guide the Indian state.
Sources of the Philosophical Part of the Indian Constitution
The philosophical content of the Indian Constitution isn’t a monolithic entity but a carefully curated blend of ideas from various sources. These can be broadly categorized as follows:
1. Western Political Thought
- Liberalism: The concepts of individual liberty, rights, and equality, central to the Constitution, are deeply influenced by liberal thinkers like John Locke, John Stuart Mill, and Immanuel Kant. Fundamental Rights (Part III) are a direct manifestation of this influence.
- Parliamentary Sovereignty: The British parliamentary system, adopted by India, emphasizes the supremacy of Parliament. This is reflected in Article 368, which outlines the amendment procedure.
- Rule of Law: The principle of the Rule of Law, championed by A.V. Dicey, is enshrined in the Constitution, ensuring that everyone, including the government, is subject to the law.
- Federalism: The concept of a dual polity, with powers divided between the Union and the States, is inspired by the federal models of the USA and Canada. However, India adopted a quasi-federal structure, leaning towards a strong center.
2. Constitutionalism in Other Nations
- United States of America: The Indian Constitution borrowed several features from the US Constitution, including the concept of judicial review (Article 13), fundamental rights, and the impeachment process of the President.
- United Kingdom: Beyond the parliamentary system, India adopted the concept of a single citizenship and the cabinet system from the UK. The writ jurisdiction of the Supreme Court also finds its roots in British common law.
- Canada: The concept of ‘residual powers’ vested with the Union government (Article 248) is borrowed from the Canadian Constitution.
- Australia: The concept of the ‘concurrent list’ (List III of the Seventh Schedule), allowing both the Union and States to legislate on certain subjects, is derived from the Australian Constitution.
- Germany: The concept of cooperative federalism, emphasizing collaboration between the Union and States, has been influenced by the German experience.
- Ireland: The Directive Principles of State Policy (Part IV) were inspired by the Irish Constitution, aiming to promote social and economic justice.
3. Indian Historical and Religious Traditions
- Ancient Indian Polity: Concepts of ‘Dharma’ and ‘Nyaya’ (justice) from ancient Indian texts influenced the emphasis on social justice and ethical governance in the Constitution. The idea of a welfare state can be traced back to ancient Indian rulers like Ashoka.
- Nationalist Movement: The Preamble to the Constitution, with its emphasis on sovereignty, socialism, secularism, and democracy, reflects the ideals of the Indian nationalist movement. Resolutions passed by the Indian National Congress, like the Lahore Resolution (1929) demanding Purna Swaraj, played a crucial role.
- Gandhian Philosophy: Mahatma Gandhi’s emphasis on decentralization of power, village swaraj, and social equality influenced the inclusion of Panchayats (Article 243) and the Directive Principles relating to rural development.
- Buddhist Principles: The emphasis on non-violence, tolerance, and compassion, core tenets of Buddhism, are reflected in the Constitution’s commitment to secularism and minority rights.
It’s important to note that the framers of the Constitution didn’t simply copy these ideas wholesale. They adapted and modified them to suit the specific context of India, creating a unique constitutional framework.
| Feature | Source |
|---|---|
| Fundamental Rights | US Constitution, British Common Law |
| Directive Principles of State Policy | Irish Constitution |
| Federal Structure with Strong Centre | Canada, Australia |
| Parliamentary System | United Kingdom |
Conclusion
In conclusion, the philosophical foundations of the Indian Constitution are a testament to the vision and intellectual depth of its framers. It’s a remarkable synthesis of Western liberal thought, constitutional experiences from around the world, and the rich philosophical and historical traditions of India. This unique blend has shaped the Indian state and continues to guide its evolution, making the Constitution a living document responsive to the changing needs of society. The ongoing debates surrounding issues like secularism and social justice demonstrate the enduring relevance of these philosophical underpinnings.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.