PSIR Simplified

Philosophical Elements of the Indian Constitution

The philosophical elements of the Indian Constitution are mainly found in the the Preamble, the Fundamental Rights, the Directive Principles of State Policy, and the Fundamental Duties of the Constitution of India.

A. Popular Sovereignty and Representative Democracy

Sovereignty has two two components: External, and Internal. The preamble of the con­stitution declares India to be sove­reign and independent nation which means India is not subject to any foreign control (External Sovereignty) and the citizens of the country are subject to the autho­rity of the state (Internal Sovereignty); which is independent from any external control.

The first sentence of the preamble starts with the phrase, we the people of India, which means that this Constitution is adopted and enacted by the people of India and the sovereignty ultimately resides in the people of India. This is known as Popular Sovereignty.  Though, the Constituent Assembly of India was not directly elected by the people, the subsequent endorsement of the Constitution in various general elections endorses its popular approval. Thus, the ultimate source of all political authority is the people of the country.

In tune with the principle of popular sovereignty, India aspires to consolidate ideals of parliamentary democracy. The Parliament (Lok Sabha) consists of representatives directly elected by the people who are empowered to frame the laws for governance and political executive responsible. Again, the adult franchise has been made universal and all the citizens have equal voting rights without any distinction of caste class, religion or creed.

B. Republic

India is declared as Republic that means the head of the state (President) shall not be hereditary but directly or indirectly elected by people. Between the independence of India on August 15, 1947 and the enforcement of the Constitution on January 26, 1950, India remained as a dominion under the British Common­wealth of Nations with King /Queen of England as Head of the State. However, with the enforcement of the Constitution, India became a Republic. Yet, in order to continue with the membership of Common­wealth in spite of being a republic the word ‘British’ was dropped as prefix to the Commonwealth at the instance of India during the Prime Ministers conference of Commonwealth Nations at London in April 1949. In this way the conflict between republican status of India and her Commonwealth membership was reconciled.

C. Socialism and Socialist Pat­tern of Society

     Even before the word ‘socialism’ was included in the preamble in 1976, India was a welfare state and moved on the path of socialist pattern of society. The ideals of welfare state are enshrined in the Directive principles of state policy’. The abolition of zamindari, nationalization of major industries, the idea of planned development, and lead­ing role of the state in the economy are some of the features of the socialist pattern of society in India. This notion was explained in the resolu­tion adopted by Congress in its Avadi Session in 1955. This resolution says, “In order to realize the object of Congress and to further the objectives stated in Directive principles of State Policy of the Constitution of India, planning should take place with a view to the establishment of a ‘socialist pattern of society’ where the principal means of production arc under the social control or owner­ship; production is progressively speeded up and there is equitable distribution of national wealth.”

    However, to give more fillip to the socialistic pattern, the word ‘socia­lism’ was included in the preamble in 1976. Yet India is not a socialist state in the strict sense of the term. It simply means that the pattern and direction of Indian polity should be towards gradual realization of its ideals and principles. Literally, the term socialism refers to the system in which all means of production and distribution are under the control of the state which can be realized gradu­ally by democratic means. Though the word ‘socialism’ still remains in the preamble, the tone and tenor of Indian economic develop­ment has moved in the reverse direction since early 1990s under the impact of globalization, privatization and liberalization. Yet the Indian polity cannot shun off its responsibility as a welfare state. This is the ideological contraction faced by the Indian polity in the beginning of 21st Century. However, in the present Indian context, the socialism should be understood as Welfare State.

D. Secularism

Though the word secularism was added in 1976 in the Preamble, the basic thrust of the Indian Constitution was to establish a secular polity since the very begin­ning. Secularism is a western concept originated in Europe as an aftermath of European renaissance. The western idea of secularism is a negative con­cept which means separation of religion and politics. However, in India, Secularism has been given positive trapping which means equal respect and treatment of all religions as India is a multi-religious society. The ideal of ‘Sarva Dharm Sambhav’ better explains the Indian nation of secularism. As elaborated in the Con­stitution, it has following features—

1. There shall be no state religion of India.
2. No discrimination among citizens on the ground of religious faith.
3. Equal treatment to all religions by the state.
4. Religious freedom to citizens to adopt and propagate any reli­gion.
5. Special protection of religious minorities by the stale.

However, it should be mentioned that in spite of secular credentials of the Constitution, the political process in India is prone to its breach and biased interpretation for political interests.

E. Justice, Equality and Liberty

          The preamble laid due emphasis on the principles of justice, equality and freedom of citizens. While justice has to be ensured in social, economic and political field, the citizens have been guaranteed equality of status and opportunity under the fundamental Rights of the Constitution. All citi­zens enjoy the freedom of thought, expression, belief, faith and worship subject to certain legal limits.

In fad, the principles of justice, equality and freedom are the core values of democracy. They have been well protected in India through independent judiciary and freedom of the press.

F. Dignity of the Individual and Integrity of the Nation

A demo­cratic setup is based on the funda­mental premise of the dignity of each individual. The Constitution of India guarantees equal fundamental rights to all without any discrimination and court of law guards any breach of these rights. India is a welfare state and ensures that the dignity of the individual is not compromised due to economic misery or want. The in human practice of untouchability has been declared illegal and special pro­visions have been made for the pro­tection of the dignity of women, which find place in the Directive principles of state policy. Funda­mental Duties and other legal pro­visions.

The word ‘integrity’ was added in the preamble in 1976 with definite connotation. It denotes maintaining the unity of the nation while res­pecting the diversities of people and groups in society. Thus, the unity of the nation has not to be achieved by sacrificing the diversity but by res­pecting the diversities of the Indian society. The integration process of the Indian nation has to take into account the diversity of different people, culture and regions.

G. Promotion of International Peace

Though this principle does not find direct mention in the preamble, the Indian Constitution upholds the principle of equality of nations, peaceful resolution of inter­national disputes, friendly relations with other countries and respect for international law and organizations. These principles are enshrined in Article 51 of the Constitution under the Directive principles of state policy.

India has consistently striven towards the goal of international peace and cooperation. It has adopted the policy of Non-alignment which promoted values and ideals relevant for international peace like disar­mament, equality of nations, end of apartheid, colonialism and neocolo­nialism and support to the UNO and international legal regime.

The above elements of philo­sophy of the Indian Constitution set the tone and direction of the Indian polity and Constitutional regime. With a few exceptions, the Indian polity has consistently adhered to their faithful implementation of these elements. The Indian Judiciary has also played an important role in the implementation of these philosophical elements through its judgments and progressive interpretation of the Constitution.