Chapter 10 The Philosophy Of The Constitution

Introduction

Having examined key provisions and the working of the Indian Constitution, this chapter explores the deeper reasons behind its adoption and structure. Why did leaders of the national movement choose to establish a constitutional framework? What were the intended objectives, and do they carry a moral weight? Understanding the strengths, limitations, achievements, and weaknesses of the Constitution requires delving into its underlying philosophy.

This chapter aims to clarify:

• The significance of studying the Constitution's philosophy.
• The fundamental characteristics of the Indian Constitution's vision.
• Common criticisms leveled against the Constitution.
• Acknowledged limitations of the Constitution.

What Is Meant By Philosophy Of The Constitution?

While some might view a constitution purely as a set of legal rules, laws are often deeply connected to a society's core values and morality. A law prohibiting discrimination, for example, is rooted in the value of equality. Thus, a constitution embodies a certain moral vision and should be approached from a political philosophy perspective.

A political philosophy approach to the constitution involves three aspects:

1. Understanding the conceptual structure: This means examining the possible meanings of key terms used in the constitution, such as 'rights', 'citizenship', 'minority', or 'democracy'.
2. Developing a coherent vision: Interpreting these concepts to understand the set of ideals (vision of society and polity) embedded in the constitution.
3. Providing justification for values: Reading the constitution alongside the Constituent Assembly Debates helps understand the reasons and justifications behind the values chosen to guide the nation.

Understanding the political philosophy of the constitution is necessary not only to grasp its moral content and evaluate its claims but also to use it as a standard for resolving differing interpretations of core values in political life (legislatures, parties, media, etc.). Since the ideals expressed in the constitution hold considerable authority, they can serve as a reference point when interpretations conflict.

(The example of the Japanese 'peace constitution' highlights how the historical context and specific national aspirations (desire for peace after war) heavily influence the philosophy embedded in a constitution. Article 9's renunciation of war and military forces is a clear manifestation of this philosophical basis.)

(The recognition of different interpretations of the Constitution reinforces that it's not a fixed, simple document but one whose meaning is debated and evolves.)

Constitution As Means Of Democratic Transformation

Constitutions serve a crucial purpose in democratic societies. One primary reason for having a constitution is the need to restrict the power of the state. Modern states hold significant power, including a monopoly on force. Constitutions lay down the fundamental 'rules of the game' to prevent state institutions from becoming tyrannical and harming individuals or groups, ensuring continuous checks on state power.

Beyond merely limiting power, constitutions also provide a framework for peaceful, democratic social transformation. For formerly colonised societies, adopting a constitution marks the first exercise of political self-determination.

Jawaharlal Nehru highlighted both aspects. He saw the demand for a Constituent Assembly as a collective demand for self-determination, asserting the right of Indians to frame their own constitution free from external interference. He also described the Assembly as a "nation on the move," shedding its past structures and forging a new one, signifying the Constitution's role in breaking traditional hierarchies and ushering in freedom, equality, and justice.

This perspective suggests that constitutions exist not just to limit those in power but also to empower those who have been historically deprived, enabling vulnerable groups to pursue collective well-being. This approach has the potential to reshape the theory of constitutional democracy.

Why Do We Need To Go Back To The Constituent Assembly?

Studying the Constituent Assembly Debates (CAD) is essential for understanding the Indian Constitution's philosophy, even decades after its framing. While a legal historian might study the past, students of politics also benefit by understanding the intentions and concerns of the framers, rather than solely focusing on changed circumstances.

In the Indian context, the values and ideals of the framers are still deeply connected to the present. The history of our Constitution is still relevant to understanding contemporary India.

Going back to the debates helps uncover the underlying rationale behind current legal and political practices that might otherwise be taken for granted and whose original purpose might be forgotten. This is crucial because when these practices are challenged, understanding their foundational principles is necessary to defend them.

Therefore, to truly grasp the value and meaning of our constitutional practices, revisiting the Constituent Assembly Debates and the political philosophy that shaped them is necessary. The debates provide the justification and context for the values embedded in the Constitution.

What Is The Political Philosophy Of Our Constitution?

Defining the philosophy of the Indian Constitution with a single label is difficult due to its multifaceted nature. It draws upon various strands of thought, including liberalism, democracy, egalitarianism, secularism, and federalism. It values community, is sensitive to minorities and disadvantaged groups, and aims to build a common national identity. Ultimately, it champions freedom, equality, social justice, and national unity, all pursued through peaceful and democratic means.

(This cartoon likely visualises different ideals or political concepts (represented by the players) interacting or potentially clashing on a political field, with Democracy serving as the regulating authority or 'umpire' that oversees and mediates their interactions within the constitutional framework.)

Individual Freedom

A core commitment of the Indian Constitution is individual freedom. This commitment was not easily arrived at; it emerged from over a century of struggle against colonial rule. Early in the 19th century, figures like Rammohan Roy championed the freedom of the press, arguing for necessary means for citizens to communicate their needs to a responsive state. The demand for freedoms like expression and protection from arbitrary arrest (which the Rowlatt Act denied) was central to the national movement.

These and other individual freedoms, such as freedom of conscience, reflect the influence of liberal ideology on the Indian Constitution. The Constitution has a strong liberal character, valuing individual liberties as non-negotiable, a principle repeatedly emphasised by the Indian National Congress in its documents for decades before independence.

Social Justice

Indian liberalism, however, differs from classical western liberalism, which often prioritises individual rights over demands for social justice. The liberalism of the Indian Constitution is intrinsically linked to social justice.

A prime example is the provision for reservations (affirmative action) for Scheduled Castes (SC) and Scheduled Tribes (ST). The Constitution makers understood that formal equality was insufficient to address the historical injustices and discrimination faced by these groups. Special measures were needed to advance their interests and make their political rights (like the right to vote) meaningful. Thus, the Constitution includes reservations of seats in legislatures and allows for reservations in public sector jobs for SCs and STs.

Indian liberalism evolved with two streams: one focused on individual rights (like Rammohan Roy advocating for women's rights), and another that integrated social justice within existing societal frameworks (like thinkers introducing social justice spirit in orthodox Hinduism, seeing liberal principles as necessary for social reform).

(The reference to Directive Principles is relevant as they contain socio-economic goals aimed at achieving social justice and welfare.)

Respect For Diversity And Minority Rights

The Indian Constitution strives for equal respect among different communities, a challenging task given existing hierarchies (like caste) and potential rivalries (like among religious groups). While many western liberal constitutions tend to ignore communities, this approach was deemed unworkable and undesirable in India, a land of numerous cultural communities (linguistic and religious).

Recognising the value of communities and the need to prevent the dominance of one community over others, the Constitution explicitly included community-based rights. For example, religious communities have the right to establish and manage their own educational institutions, potentially receiving government aid. This shows that the Indian Constitution views religion not solely as a private individual matter but also acknowledges the role and rights of religious communities.

(The reflection on having multiple identities highlights the reality of belonging to various communities simultaneously in a diverse society.)

Secularism

India's Constitution is secular, though the term was added later to the Preamble. Unlike the mainstream western conception of secularism as strict mutual exclusion of state and religion, the Indian model differs.

In the western model, strict separation aims to protect individual religious freedom by preventing the state from supporting or interfering with religious organisations (maintaining 'arm's length'). However, conditions in India necessitated a different approach.

Rights Of Religious Groups

As mentioned, the Indian Constitution recognised the importance of inter-community equality alongside individual equality. A person's freedom and dignity are linked to the status of their community. Granting rights to all religious communities (like the right to establish educational institutions) ensures that freedom of religion applies to both individuals and communities, preventing the dominance of one community over others.

State’s Power Of Intervention

Separation in India does not mean mutual exclusion because active state intervention was needed to address deeply entrenched social evils like untouchability, which violated fundamental dignity. Without state interference, such discriminatory customs could not be eradicated. The state's intervention is guided by principles: it may help or hinder religious communities depending on whether such action promotes values like freedom, equality, and social justice. This concept is termed 'principled distance' – the state remains distant from all religions but can intervene or abstain from interference as principles dictate.

Three core features, also seen as achievements, of the Indian Constitution are:

1. Reinforcing liberal individualism in a society sometimes indifferent to individual autonomy.
2. Upholding social justice (e.g., caste-based affirmative action) without sacrificing individual liberties, making India a pioneer in constitutional affirmative action compared to many Western nations.
3. Committing to group rights (cultural expression) against a backdrop of inter-communal tension, anticipating multiculturalism challenges.

(The question "I would like to know whether finally, the state can regulate matters related to religion or not..." relates to the concept of principled distance and state intervention for reform.)

Universal Franchise

A significant achievement is the commitment to universal franchise (right to vote for all adult citizens), adopted almost uncontested despite traditional hierarchies. From the early nationalist movement (e.g., Constitution of India Bill, 1895; Motilal Nehru Report, 1928), democratic self-government based on universal suffrage was seen as the legitimate way to express the nation's will. The principle of 'one person, one vote' was central to Indian nationalism.

(The pride expressed in the thought bubble regarding universal franchise and women's suffrage reflects the historical context of struggle for voting rights in other democracies, highlighting India's early adoption as a notable achievement.)

Federalism

Indian federalism is another achievement, particularly its asymmetrical nature. Despite a strong central government, the Constitution embeds differences in the status and prerogatives of different sub-units (States). Articles like 371 and 371A (for North-Eastern States) provide special status to meet specific needs, anticipating the concept of asymmetrical federalism, which differs from the constitutional symmetry in American federalism. India has also evolved into a multi-lingual federation, politically recognising major linguistic groups as equals, combining unity with cultural recognition.

(The sentiment "Who says our Constitution is based on imitation?" reflects the argument that while drawing inspiration from other constitutions, India adapted and innovated, creating unique features like asymmetrical federalism.)

National Identity

The Constitution consistently promotes a common national identity while accommodating regional and group identities. This national identity is compatible with distinct religious or linguistic identities. The Constitution balances these, giving preference to the common identity under certain conditions, as seen in the rejection of separate electorates based on religious identity. This rejection was not against difference but against practices endangering a healthy national life, striving for true fraternity and 'one community' rather than forced unity.

(Sardar Patel's quote underscores the goal of fostering a single national community, urging individuals to move beyond majority/minority distinctions for the common good.)

Procedural Achievements

Apart from the substantive achievements related to values, the Constitution-making process itself had procedural achievements:

1. Faith in Political Deliberation: Despite limitations in representation, the Constituent Assembly Debates show a commitment to inclusive political deliberation. Members aimed for outcomes based on reason and justification rather than self-interest, valuing creative differences and disagreements.
2. Spirit of Compromise and Accommodation: The process reflected a willingness to compromise and accommodate differing viewpoints. Not all compromises are negative; trading off one value for another in an open, free deliberation among equals is often necessary and morally acceptable. The commitment to reaching consensual decisions on important issues, rather than relying solely on majority vote, is also commendable.

Criticisms

The Indian Constitution faces several criticisms:

1. Unwieldy: It is criticised for being too large and detailed. This is partly because it includes many administrative and organisational details (like election commissions, civil services) that are often left to ordinary legislation in other countries. However, a country's constitution encompasses more than just one document.
2. Unrepresentative: Critics argue the Constituent Assembly was not truly representative as members were chosen by a restricted franchise (not universal adult suffrage) and mainly came from privileged sections. However, representation can be viewed in terms of 'voice' (representing specific identities) and 'opinion' (representing diverse viewpoints). While lacking full 'voice' representation due to limited suffrage, the debates show a wide range of 'opinions' and concerns of various social sections were raised by the members. Statues of Dr. Ambedkar holding the Constitution symbolise that the Constitution resonates with the aspirations of groups like Dalits.
3. Alien/Borrowed: A common criticism is that it's an alien document, copied from Western constitutions, and doesn't fit India's cultural ethos. While it is modern and influenced by Western ideas, it was an innovative adaptation, not blind borrowing. Furthermore, many Indians have adopted modern thinking as a form of protest against oppressive traditions (e.g., Rammohan Roy, Dalits using the legal system for dignity). This has led to a unique hybrid culture, an 'alternative modernity' forged from combining Western ideas and indigenous traditions through selective adaptation.

(The quote from K. Hanumanthaiya in the CAD echoes the criticism that the Constitution felt alien, like Western music compared to Indian instruments, attributing it to the framers' Western education and arguing it wasn't what Gandhi envisioned.)

(The statement "Of course! Isn’t it what we learnt in the first chapter? That there should be a valid reason for every section of society to go along with the Constitution?" connects the representativeness debate to the principle that a constitution's legitimacy depends on it being accepted by all sections it governs.)

Limitations

Despite its strengths, the Indian Constitution is not without limitations, given the complex social context of its making and the exigencies of the time:

• It exhibits a somewhat centralised idea of national unity, potentially at the expense of regional autonomy.
• It appears to have overlooked some key issues of gender justice, particularly within family law, where personal laws based on religion can discriminate against women.
• The decision to place certain crucial socio-economic rights (like right to work, adequate livelihood) in the Directive Principles (non-enforceable) rather than as fundamental rights (enforceable) is questioned, especially for a poor developing country.

These limitations are acknowledged. However, they are often argued not to be severe enough to fundamentally undermine the core philosophy and democratic potential of the Constitution. Possible explanations for these limitations exist, and efforts can be made to address them, but the core vision remains strong.

(The statement "No document can be perfect and no ideals can be fully achieved. But does that mean we should have no ideals? No vision? Am I right?" provides a philosophical perspective, suggesting that acknowledged limitations or imperfect achievement of ideals do not invalidate the importance of having those ideals and a guiding vision embodied in the constitution.)

Conclusion

The core features discussed are what make the Indian Constitution a living document, capable of adapting to societal needs and evolving through interpretation. Its institutional arrangements are based on a shared vision rooted in the struggle for independence. This vision, articulated and refined in the Constituent Assembly, is embodied in the Constitution.

The Preamble is often considered the best summary of this vision, stating that the Constitution is adopted by "We, the people of India...", signifying popular sovereignty and democracy as instruments for people to shape their destiny.

Despite political conflicts, disagreements between institutions, and shortcomings in its working over decades, the fundamental vision of living and prospering together based on equality, liberty, and fraternity endures and is shared by citizens and politicians. This shared philosophical vision is arguably the most valuable outcome of the Constitution's working. While drafting the Constitution was a great achievement in 1950, maintaining its philosophical vision remains a crucial achievement today.

Democratic politics involves debates and differences, which are signs of a healthy democracy. However, it also requires maturity in setting limits to debates and a willingness to compromise. Politicians and citizens in India have shown this ability, contributing to the success of the democratic Constitution. While different government organs will always compete over importance and public welfare, the final authority ultimately rests with the people, whose freedoms and well-being are the core purpose of democracy.

Exercises

As per instructions, the content of the exercises is not included, only the section heading structure is provided.