Chapter 10 The Philosophy Of The Constitution

This chapter delves into the underlying ideals and vision of the Indian Constitution. Having studied its provisions and working, we now ask why the national movement leaders felt a constitution was necessary post-independence and why they bound themselves and future generations to it. We also explore why examining the Constituent Assembly debates is crucial for understanding the Constitution's philosophy.

We question the nature of the constitution we have given ourselves: its objectives, whether they have a moral content, and the strengths and limitations of this vision and the Constitution itself. Understanding these aspects constitutes the philosophy of the Constitution.

After reading this chapter, you should understand:

• The importance of studying the philosophy of the Constitution.
• The core features and underlying ideals of the Indian Constitution.
• Common criticisms and limitations of the Constitution.

What Is Meant By Philosophy Of The Constitution?

Some view a constitution solely as a collection of laws, separate from values or morality. However, many laws are deeply connected to core values. For instance, laws prohibiting discrimination are linked to the value of equality. Such laws exist because equality is valued. Therefore, a constitution is not just a legal document; it is based on a certain moral vision, requiring a political philosophy approach to understand it.

A political philosophy approach to the constitution involves three aspects:

1. Understanding the conceptual structure: Exploring the various meanings of key terms used in the constitution (e.g., 'rights', 'citizenship', 'minority', 'democracy').
2. Working out a coherent vision: Developing a unified understanding of the society and polity envisioned by the constitution based on interpreting its core concepts and embedded ideals.
3. Justifying values through debates: Reading the Constitution alongside the Constituent Assembly Debates to understand the justifications for the values embedded in it. A philosophical treatment requires detailed justification, and the debates provide insights into the reasons behind the framers' choices.

A political philosophy approach helps identify the moral content, evaluate its claims, and provides a basis for interpreting and arbitrating conflicts over the meaning of core values. As constitutional ideals are debated and contested in various political arenas and institutions, differing interpretations arise. Since the expression of ideals in the constitution carries significant authority, it should be used to guide interpretations and resolve conflicts. The Japanese Constitution's 'peace constitution' philosophy, based on renouncing war (Article 9), exemplifies how a constitution embodies a political philosophy shaped by its historical context (post-WWII defeat).

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

Looking back to the Constituent Assembly debates is essential for understanding the philosophy of the Indian Constitution. While some might argue this is merely historical inquiry and the constitution should be interpreted based on present circumstances, the debates provide crucial context and justification for the values embedded in the document.

For a former colonized people, a constitution represents the exercise of political self-determination. Nehru saw the demand for a Constituent Assembly as a collective assertion of the right to frame India's constitution without external interference. He described the Assembly as a 'nation on the move', aiming to break traditional social structures and create a new era of freedom, equality, and justice. This perspective highlights that the Indian Constitution was designed not just to limit power but also to empower the deprived and facilitate social transformation.

Unlike countries where the constitution was written centuries ago and circumstances have drastically changed, India's political and social landscape since independence, though transformed, still has continuities with the world of the framers. Our values and ideals have not completely diverged. Therefore, the history of our Constitution is relevant to the present.

Revisiting the debates helps us understand the reasoning behind many legal and political practices that we might otherwise take for granted. When these practices are challenged, knowing their underlying principles from the debates is crucial for defending or re-evaluating them. In essence, understanding the value and meaning of current constitutional practice requires going back to the debates, and even further back to the colonial era context that shaped the demand for a constitution. Therefore, studying the intentions and concerns of the framers in the Constituent Assembly is vital for grasping the political philosophy underlying our Constitution.

What Is The Political Philosophy Of Our Constitution?

The political philosophy of the Indian Constitution is multifaceted and cannot be easily reduced to a single label. It embodies principles of liberalism, democracy, egalitarianism, secularism, and federalism, while being open to community values and sensitive to the needs of minorities and disadvantaged groups. It is committed to building a common national identity and emphasizes peaceful, democratic methods for realizing its philosophy.

A political cartoon by Shankar, illustrating the diverse and sometimes seemingly contradictory elements that together constitute the philosophy of the Indian Constitution, suggesting a blend of different ideals.

Underpinning these various aspects is a clear emphasis on freedom, equality, social justice, and national unity, to be achieved through democratic means.

Individual Freedom

A primary commitment of the Indian Constitution is to individual freedom. This commitment was not easily achieved but emerged from over a century of intellectual and political activity, including the nationalist movement's demand for a free press and freedom from arbitrary arrest (e.g., opposing the Rowlatt Act). Freedoms like expression, assembly, movement, conscience, and freedom from arbitrary arrest and detention are integral to the Constitution, reflecting a strong liberal character. The nationalist movement consistently emphasized individual rights as non-negotiable values for decades before independence.

Social Justice

The Indian Constitution's liberalism is distinct from classical western liberalism, which often prioritizes individual rights over social justice. Indian liberalism is inherently linked to social justice. A key example is the provision for reservations for Scheduled Castes and Scheduled Tribes. The framers believed that formal equality alone was insufficient to address age-old injustices and provide real meaning to their rights. Special constitutional measures, like reserving legislative seats and public sector jobs, were deemed necessary to advance the interests of these historically disadvantaged groups and achieve social justice. This demonstrates the Constitution's commitment to combining individual liberties with measures for social equity.

While 'individual freedom' includes freedom of expression, religion, and cultural/educational rights (particularly for minorities), 'social justice' emphasizes achieving equality of status and opportunity, often requiring affirmative action and measures to address historical disadvantages and secure basic needs for all. Directive Principles also guide the state towards social justice goals.

Respect For Diversity And Minority Rights

The Indian Constitution encourages equal respect among communities and fosters a sense of equal respect under conditions of diversity and hierarchy. Given India's multiple cultural, linguistic, and religious communities, ensuring that no one community dominates others was crucial. Unlike some western liberal constitutions that do not explicitly recognize communities, the Indian Constitution acknowledges the value of communities and grants community-based rights, particularly for minorities. This includes the right of religious and linguistic minorities to establish and manage their own educational institutions and receive state aid. This approach reflects the understanding that a person's freedom and self-respect are linked to the status of their community and that recognizing community rights is essential for fostering equal respect and preventing domination in a diverse society. While individuals have many identities, the Constitution acknowledges and protects diversity by granting these community rights, ensuring that group identities are respected alongside individual ones.

Secularism

Although the term 'secular' was added later, the Indian Constitution has always embodied the principle of secularism, which treats religion as a private matter separate from public affairs. However, the Indian conception of secularism differs from the mainstream western model of strict mutual exclusion between state and religion.

The Indian Constitution grants rights to all religious communities, demonstrating that it does not view religion merely as a private matter. It promotes inter-community equality and is compatible with state intervention in religious affairs for social reform (e.g., banning untouchability) or helping communities (e.g., aiding minority educational institutions). This reflects a concept of 'principled distance' rather than strict separation.

Universal Franchise

A major achievement of the Indian Constitution is its commitment to universal franchise – granting every adult citizen the right to vote, irrespective of traditional hierarchies, caste, religion, education, gender, or income. This was a significant step, especially compared to many stable Western democracies where suffrage was extended to women and the working class much later. Indian nationalism envisioned a political order based on the will of every member of society, and universal franchise was seen as the legitimate instrument for expressing the nation's will. From early on (Constitution of India Bill 1895, Motilal Nehru Report 1928), universal franchise was advocated as essential for self-government.

Federalism

The Indian Constitution established a federal system, which, despite a bias towards a strong central government, embodies important constitutionally embedded differences between sub-units (asymmetric federalism). Articles like 371A provide special status and unique relationships for states like Nagaland and other northeastern states, respecting their distinct history and culture and providing protections for local identity and laws. Such differential treatment is not seen as inherently negative but as part of the original design to meet specific needs of certain regions within the federation. This reflects an 'intelligent and balanced design' (as discussed in Chapter 1) adapted to India's diverse reality, combining unity with respect for regional particularities.

Indian federalism is also characterized by linguistic federalism, where major linguistic groups are politically recognized and treated as equals. This multi-lingual federalism combines national unity with cultural recognition, creating a political arena where multiple identities can coexist.

National Identity

The Constitution constantly reinforces a common national identity alongside regional, religious, and linguistic identities, striving to balance them. Preference is given to common national identity in certain conditions, for instance, by rejecting separate electorates based on religious identity (seen as endangering national unity). Instead of forced unity, the Constitution aims for true fraternity, a goal emphasized by Dr. Ambedkar. The rejection of separate electorates was not about denying religious differences but preventing practices that would undermine a healthy national life and the goal of 'one community' based on fraternity, as envisioned by leaders like Sardar Patel. The Indian nation is imagined in a way that encompasses various identities within a shared framework.

The statement "I am really impressed! Who says our Constitution is based on imitation? In every ‘borrowed’ aspect, we have put our own distinct imprint." suggests that while elements were borrowed from other constitutions, they were adapted and integrated in unique ways suited to Indian needs and philosophy, making the Constitution distinctively Indian.

Procedural Achievements

Beyond its substantive features, the Indian Constitution also represents significant procedural achievements:

1. Faith in Political Deliberation: The Constitution reflects a commitment to deliberation in decision-making. Despite inadequate representation of some groups in the Constituent Assembly, the debates show a deliberate effort to be inclusive, representing diverse viewpoints (voice and opinion). This indicates a willingness to move beyond narrow self-interest and justify outcomes through reasoned arguments, recognizing the value of difference and disagreement.
2. Spirit of Compromise and Accommodation: The Constitution reflects a willingness to compromise and accommodate diverse interests. While not all compromises are positive, those made in an open process of free deliberation among equals, where values are partially traded off for other values (e.g., balancing competing principles), can be morally commendable. The commitment to consensual decision-making on important issues, rather than solely relying on majority vote, is also a positive procedural aspect.

These procedural aspects demonstrate the democratic values and methods employed in the making of the Constitution, highlighting the commitment to reasoned debate, inclusivity, and reaching consensus.

Criticisms

The Indian Constitution, despite its achievements, faces several criticisms:

1. Unwieldy: Critics argue the Constitution is too large and detailed, unlike compact constitutions of other countries. However, this is partly because it includes many matters (like election commission, civil service commission) within the main document itself, which are often found in separate laws elsewhere.
2. Unrepresentative: Criticism that the Constituent Assembly was not truly representative as members were chosen by a restricted franchise (not universal adult suffrage) and came largely from advanced sections of society. While true in terms of direct election, the Assembly aimed for broad representation of different communities (voice) and represented a wide range of viewpoints and concerns (opinion) in its debates, making the charge of being entirely unrepresentative debatable.
3. Alien to Indian conditions: Criticism that the Constitution is too modern, western-influenced, and borrowed from other constitutions, sitting uneasily with India's cultural ethos. This is often voiced by those preferring a constitution more rooted in traditional Indian practices.

Limitations

While the Constitution has many achievements, it is not a perfect document and has certain limitations, partly stemming from the social and political conditions at the time of its making. These include:

1. Centralized idea of national unity: Critics argue the Constitution's emphasis on a strong central government and national unity might sometimes override regional autonomy and distinct identities.
2. Inadequate gender justice: Some argue the Constitution did not fully address issues of gender justice, particularly within family laws, leaving room for unequal treatment of women in areas like property rights and personal laws, which are governed by different religious traditions.
3. Socio-economic rights as Directive Principles: The relegation of certain basic socio-economic rights (like adequate livelihood, healthcare, education) to the non-justiciable Directive Principles rather than making them legally enforceable Fundamental Rights is seen as a limitation in a poor, developing country where these are essential for dignified life and equal opportunity.

While these limitations exist and are debated, they are not seen as fundamentally undermining the Constitution's core philosophy.

Conclusion

The Indian Constitution is a living document that continues to evolve, responding to societal changes through legal provisions and institutional arrangements guided by its core philosophy. This philosophy, rooted in the independence struggle, emphasizes freedom, equality, social justice, and national unity, achieved through democratic means. The Constituent Assembly articulated and refined this vision, embedding it in the Constitution as the embodiment of the people's aspirations. The Preamble, starting with "We, the people of India," signifies that people are the architects of their destiny, using democracy as the instrument.

Despite conflicts (between courts and government, center and states, parties), political challenges, and shortcomings over the decades, the philosophical vision of the Constitution—living together and prospering based on equality, liberty, and fraternity—remains intact and commands respect. This shared vision is a valuable outcome of the Constitution's working. Making the Constitution was a great achievement in 1950; keeping its philosophical vision alive today is an ongoing important achievement. Debates about basic structure and other aspects are inherent in a vibrant democracy, reflecting diversity. Political parties and leadership have shown maturity in managing these debates through compromise and finding common ground, essential for democratic politics. Competition among government organs is natural, but ultimately, authority rests with the people, whose freedoms, well-being, and rights are the purpose and outcome of democracy.

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?" reflects the understanding that while the Constitution has limitations and its ideals are aspirational, this does not diminish the importance of having such guiding principles and a vision for the future. It affirms the ongoing pursuit of these ideals.

The quote from Lakshminarayan Sahu in the CAD reflects early criticism that the drafted Constitution lacked a fundamental Indian spirit, was too western, and might fail. This mirrors the 'alien document' criticism discussed earlier, highlighting that debates about the Constitution's nature began even during its making.

Exercises

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