Socio- Economic and Political Basis of Constitution

8/3/2019 Socio- Economic and Political Basis of Constitution

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SOCIO-ECONOMIC AND PHILOSOPHICAL FOUNDATIONS

OF INDIAN CONSTITUTION

The observance of the 50th anniversary of the Indian Constitution is also an

occasion for stock taking of the achievements during the course of these fifty-years. The

occasion raised extensive debates on Constitutional reforms changes, shift to Presidential

form of government, political instability, electoral reforms and even writing a new

Constitution. Right from the inception of the BJP led coalition government the issue of

the review of the constitution has become a serious issue throughout the country. In this

context, there is a great significance to look into social, economic, political and

philosophical foundations of the present Indian Constitution evolved from the India

independence movement. A constitution of a country is the product of the circumstances

in which it is formulated. The historical legacy, the socio-economic and geographical

condition, the nature of constitution making body, the contemporary situations all such

factors have to be reconciled with the ideals that the makers of the Constitution wish to

enshrine in the document.


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CONSTITUENT ASSEMBLY

The Indian Constituent Assembly formally came into being in November 1946. The

members of the constituent assembly was elected by the provincial assemblies, who

were themselves elected on the basis of separate electorates and restricted franchise.

The first session of the assembly was held on 9th December 1946, and

Dr.Sachidananda Sinha, the oldest member of the assembly acted as the provisional

president. On 11th the December the assembly elected Dr.Rajendra Prasad as a

permanent chairman. The Constituent Assembly worked through numerous

committees. Dr.B.N. Rau, was chosen as constitutional advisor to the assembly.


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The first preliminary session of the Constituent Assembly opened on 9th December

1946, the members of the constituent met at a most critical point of time of Indian

life. They were to make a historic decision for the future of India. Members of the

assembly set on their mission of framing Indias Constitution with a solemn pledge,

that stated; At this solemn moment, when the people of India, through suffering and

sacrifice, have secured freedom, I a member of Constituent Assembly of India do

dedicate my self in all humility to the service of India and her people to the end of

this ancient land attain her rightful place in the world and make her full and willing

contribution to the promotion of world peace and welfare of mankind.(CAD.

Vol.I:57) Dr.S.Radhakrishnan made a remarkable speech, he said; our opportunities

are great, but let me worn you that when power outstrips ability, we will fall on evil

days we should develop competence and ability which would helps us to utilize the

opportunities which are now open to us. From tomorrow we cannot through blame

on the Britishers. We have to assume responsibility ourselves for what we do. A free

India will judge by the way in which it will serve the interests of the common man in

the matter of food, clothing, shelter and social activities. (CAD.Vol.I:60)

The prospects of future of Indian democracy found a testing time, the

fundamental question before the members was, what type of Constitution India should

adopt? What are the alternatives available and which would suit Indian conditions? The

objectives of the Constitution should therefore consider with the provisions of the basic

means of livelihood to the people and securing material advancement. With the

achievement of independence the goals of political revolution are accomplished, it means

the transfer of power to Indians and recognizes their political sovereignty, this marks the


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completion of political revolution. The other challenge before the India was to go on

board upon social revolution concentrating social reconstruction. Jawahar Lal Nehru

said, which was fully in tune with the occasion of Constitution making, he said;

Freedom and power bring responsibility. That responsibility rests upon this assembly a

sovereign body representing the sovereign people of India, before the birth of freedom,

we have underused all the pains of labour, and our hearts are heavy with the memory of

the sorrow, some of these pains continue even now. Nevertheless, the past is over and it

is the future that beckons to us now. The future is not one of ease or resting but of

incessant striving. So that we might fulfill the pledges we have so often taken and one we

shall taken today. The service of India means, the service of millions who suffer. It

means the ending of poverty and ignorance and disease and inequality of opportunity.

The ambition of the greatest man of our generation has been to wipe every tear from

every eye. That may be beyond us; but as long as tears and sufferings, so long our work

will not be over. (CAD.Vol.I:56-57)

Social revolution implies the real transition to democratisation. Social revolution

is an urgent priority for the oppressive social practices and institutions have to be

translated into new values of egalitarianism, humanism, and democracy. However, social

revolution remains to be achieved not withstanding political revolution. Hence, the

political revolution should not only aim at social revolution but also act as a conductive

means for achieving social revolution. A constitution, which reflects the ideals of social

revolution, acquires tremendous importance and priority. The political institutions

therefore to subserve the end objectives of the social modernization, the members of the


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constituent assembly had to be fully alive to this burning task. According to Granville

Austin, the constituent assembly task was to draft a constitution that would serve the

ultimate goal of social revolution, of national renaissance. But this was a task for more

complicated than the simple drafting of fundamental rights or moral precepts of a

preamble. What form of political institutions would foster or at least permit a social

revolution? Moreover, any thought of social betterment for the nation would be mere

romantic nonsense if the requisite conditions did not exist in the country. (Austin

1966:27)

Yet another task before the members of Constituent Assembly consisted in

economic reconstruction of India. In other words, it is referred as economic revolution.

The economic revolution implies the transformation of rural economy of India into

scientific and planned development of agriculture and industry. It also presupposes

building up an economic system would promote the welfare of the people, wipe out

inequalities, fulfillment of basic needs of life and ensuring good quality of life. The

objectives resolution moved by Pandit Jawaharlal Nehru, which was adopted on 22nd

January 1947 have been taken into account in framing the Constitution, which is

described as solemn pledge to people, which they would redeem in the Constitution they

would frame. The fundamentals and philosophy of the constitutional structure were laid

down by the objectives resolution. It reads;

(1) The constituent declares its firm and solemn resolve to proclaim India as an

independent sovereign and to draw up for her future governance of a Constitution;


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(2) WHERE IN the territories that now comprise British India, the territories that now

form the Indian states, and such other parts of India as are outside India and the states as

well as other territories as are willing to be constituted into the sovereign India shall be a

union of them all;

(3) WHERE IN the said territories, whether with their present boundaries or with such

others as may be determined by the constituent assembly and there after according to the

law of the Constitution, shall possess and written the states of autonomous units, together

with the residuary and exercise all powers and functions of government and

administration, save and except such powers and functions as are vested in or assign to

the union or as are inherent or implied in the union are resulting there from; and

(4) WHERE IN all power and authority of the sovereign independent India its constituent

parts and organs of government are derived from the people; and

(5) WHERE IN shall be guaranteed and secured to all the people of India, justice, social,

economic and political; equality of status, of opportunity and before the law; freedom of

thought, expression, belief, faith and worship, vocation, association and action subject to

law and public morality; and

(6) WHEREIN adequate safeguards shall be provided for minorities, backward and tribal

areas, and depressed and other backward classes; and

(7) WHERE BY shall be maintained by integrity of territory of the republic and its

sovereign rights on land, sea and air according to justice and law of the civilized nations;

and


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(8) This ancient land attains its rightful and honoured place in the world and makes its

full and willing contribution to the promotion of world peace and welfare of mankind.

(CAD. Vol.I: 59)

These were the objectives shaped the Indian Constitution; this objectives

resolution contains the basic philosophy behind the Constitution, and reflects in the

Preamble of the Constitution of Indian Republic. To achieve these objectives the

Constituent Assembly studied the alternative political constitutions of the world, to adopt

a suitable Constitution to the India.

ALTERNATIVE POLITICAL SYSTEMS BEFORE THE CONSTITUENT

ASSEMBLY

The members of the Constituent Assembly were seized with the problem adopting

available Constitution to meet the abovementioned demands. There were few viewpoints

in opting the constitutional model. These viewpoints were partly a response or reaction to

Indigenous tradition and European inspiration, there were three popular perceptions,

firstly, Indian Indigenous tradition represented Gandhian followers of Constituent

Assembly based on decentralized polity. It is based upon panchayats. Gandhi had always

been an uncompressing champion of economic and political decentralization. He wanted

a village based panchayat system with the superstructure of indirect decentralized

government. Every village panchayat should be made autonomous and Indian

Independent, the only powers given to the national government, which cannot be handled

by the panchayats. Srimannarain Agarwal, a prominent Gandhian, prepared a Gandhian


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K.Santhanam stressed in the Constituent Assembly; I wish that some statutory provision

had been inserted regarding village autonomy within proper limits. (CAD.Vol.VII:264)

The blueprint of Gandhian constitution received little or no favorable response in

the constituent assembly. Majority of the members were doubtful whether it was possible

in 1947 to radically change or to take back India to agricultural village nation. While

introducing the draft Constitution Dr. Ambedkar said in the assembly, I hold that these

village republics have been the ruination of India. I am therefore surprised that those who

condemn provincialism and communalism should come forward as champions of the

village. What is the village but a sink of localism, a den of ignorance, narrow-mindedness

and communalism. I am glade that the draft constitution has discarded the village and

adopt the individual as its unit.(CAD.vol.VII:38) It was also widely felt whether state

was a responsibility towards the citizen or not? If so, can state do in a decentralized

constitution? Do the villagers have the necessary initiative and drive to remark their self.

Further there was a strong belief that the Gandhian decentralized constitution cannot

adequately meet the requirements of unity and integrity, material welfare and the

demands of defence. These were some of the reasons for the rejection of Gandhian model

of decentralized panchayat based constitution. It is pointed out that congress had never

been Gandhian, although Gandhi was a guiding and inspirational force, the Congress has

never considered Gandhian view of society namely Hind Swaraj. Politically Gandhis

role was expedient for achieving independence. His economic and political philosophy

did not strike roots in the Congress rank and file. But the Gandhian concept of Panchayat

Raj found its way into the Directive Principles. After the 73rd and 74th Constitutional


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amendments the local self-government institutions gained lot of importance in the

governance of country.

The second alternative before the members of the constituent assembly was Sovit

Socialist Model. It is based on monolithic party system with a high degree of

centralization. It also reflects the totalitarian nature of state with the immense power at its

disposal. The Sovit Communist model did not find any favorable response; it was

rejected due to its totalitarian character. It was also believed that communist system

couldnt fit for Indian framework. India represent a distinct frame work of cultural

pluralism which is incompatible with heavily armed communist state, further there was a

strong opposition to communism among the members of constituent assembly. They

strongly believed that communist model would be negating to democratic freedoms and

liberties. It would establish a Leviathan type of state structure and sacrifice the

individual. So, assembly rejected the Sovit Socialist Model, even though some of the

members were strongly influenced by Russian revolution and its ideals and planned

economic development. Jawahar Lal Nehru, while moving objectives resolution, said;

my mind goes back to amore recent revolution which gave rise to a new type of state,

the revolution took place in Russia and out which was arisen the union of Sovit Socilist

Republics. This revolution on the ground that we have not said that it should be a

socialist state. Well I stand for socialism and that India will go towards the Constitution

of a socialist state and, I do believe that the whole world will have to go that way. What

form of socialism again is another matter for your consideration. But main thing is that in

such a resolution, I had put in that we want a socialist state, we would have put in


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something which may be agreeable to many and may not be agreeable to some, and we

wanted this resolution not to be controversial in regard to such matters.(CAD.Vol.I:

61-62)

The other alternative was European-American tradition. It is based on centralized

Constitution and directly elected democratic governments. The members of the

constituent assembly had not only soft corner for western liberal tradition, but they had a

stanch belief that the unity and stability of India would demand a centralized polity. They

entertained suspicion in the infectiveness and inadequacy of a weak decentralized

constitution. Besides, they also perceived western model of liberal democracy as an

inevitable choice for the modernization of India.

Indian federal and parliamentary system is the product of the circumstances in

which it is evolved. The historical legacy, the socio-economic and geographical

conditions, the contemporary situations all such factors have to be reconciled with the

ideals that the makers of the constitution wish to enshrine in the document. The type of

federal system that we find in the Indian Constitution is a result of such factors that had

their influence. That this system is most suited to Indian conditions is born out by the

diverse nature of its society, and of its economic and political units. The British

provinces and the princely states that come to constitute the states in the independent

India were differently administered and even followed different legal systems. There

were vast differences even among the princely states. All these units used different

languages; there were cultural differences also. Constituent assembly itself contained


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representatives of different communities like the Muslims, Hindus, Sikhs and Christians,

and also have different parties like the Muslim League, Unionist, Union Muslims,

Unionist Scheduled Castes, Krishak Praja, Scheduled Castes Federation and some

Independents. While bringing these diversities together, the leaders of freedom

movement were always conscious of them. The federal idea was reflected in the

Constituent Assembly, much before the Constitution was framed, the act of 1935 had

established the federal working. The Cripps Mission of 1942, the Cabinet Mission of

1946, and the objectives resolution proposed by Nehru in Constituent Assembly all of

them had accepted the federal principle. Thus the adoption of federal structure seemed

most natural for India. There were certain other equally important forces, which

emphasized the need for a strong center. The Indian economy that was left by the British

after the Second World War was from deficits and shortages; food shortage had reached

an alarming stage. The communal situation that had posed problems even earlier was

acute, as the partition seemed inevitable. The communal riots that accompanied the

partition posed serious problem of marinating law and order, and unity of the country.

The statuses of princely states to decide whether they would remain independent or join

in India, or Pakistan. The requirement of economic reconstruction, the uncertain status of

princely states and the communal situation that culminated into the 1947 riots, Jinnahs

Direct Action Day were important considerations that persuaded the constituent assembly

to provide a strong center within the federal framework. In fact the members of the

constituent assembly were escorted with security guards and curfew passes while going

to attend their official business, logically it created a psychological conviction that strong

central government with wide powers alone can save the situation. This psychological


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conviction in assembly, for instance, S. Nagappa, the member of constituent assembly

said in his speech on 5th November 1948, Especially as we all know that we have won

our freedom very recently. We require sufficient time to consolidate it and to retain it for

all time to come for another reason also center has to be strong, we have been already

divided in so many respects, communally and on religious grounds. Now let us not divide

on the basis of provinces. So in order to unite all provinces and to bring about more

unity, it is in the countrys interest as a whole to have a strong

centre.(CAD.vol.VII:252) Assembly felt that any change in this regard would amount to

risking Indias unity, integrity and nationhood. It is significant to mention that the

framers of Indian Constitution have deliberately avoided the usage of the term

Federation. Instead of federation, the Constitution describes India as a Union of

States. This description was made in view of several factors abating at the time of

formulating the Constitution, describing a Constitution as federal presupposes greater

devolution of powers to the states, in order to ensure the unity and to check the

fissiparous tendencies, the centre has been armed with large powers which necessitated

describing India as a union of states. Moving the draft constitution for the consideration

of constituent assembly Dr. Ambedkar explained significance of the use of the expression

Union of states instead of the Federation, he said; what is important is that the use of

the word Union is deliberate. though the country and the people may be divided into

different states for convenience of administration, the country is one integral whole, its

people a single people living under a single imperium derived from a single source.

(CAD.Vol.VII:43) The constituent assembly was thus committed to the federal idea, and

at the same time, convinced of the need for a balance in favor of the center. Indian


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federation was given rise to the controversy about its nature, while some describes it as a

federal structure with strong bias towards the centre, others feel that it is more unitary

than federal. K.C. Wheare calls it a Quasi-federal state. This is a middle position, which

views the provisions of the Constitution as providing for a federation, but of a kind,

which cannot be called a federation in classical and full sense of the term.

The assembly decision to give India a parliamentary democracy based on west-

minister model after due consideration. In the constituent assembly, the members were

sharply divided on the issue whether India should adopt the parliamentary or the

presidential system of government. Members like K.T. Shah favored the adoption of

presidential system, but the majority of the members of the assembly favored the

parliamentary system on the basis of British pattern. The decision of the constituent

assembly was guided by both historical and practical considerations. Popular assemblies

like Sabhas and Samitis have existed in India since the earliest times, and the people

have always shown great love for these institutions of parliamentary democracy, the

people were keen to have them in the country. Further the people have fully familiar with

the function of parliamentary institutions of western style, which were introduced in

India by the British in the nineteenth century and strengthened in subsequent years. The

framers of Constitution tried to improve upon the existing parliamentary system by

making it broad based, through the introduction of universal adult franchise. Certain

practical considerations also led the framers of the Constitution to adopt the

parliamentary system, in view of vast size of the country; they thought that it desirable to

associate the people with the administration of the country at various levels. Accordingly


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they introduced representative institutions. It is the experts committee set up by the

Congress Working Committee headed by Jawahar Lal Nehru, also recommended

adoption of parliamentary form of government. The report of the union and provincial

constitutions committee of constituent assembly also recommended parliamentary

democratic model. The committee recommended direct, parliamentary and federal

Constitution borrowing freely from the Government of India Act 1935. The belief of the

members of the assembly in parliamentary democracy seemed to be universal. Granville

Austin pointed out, the constitutional model was a product of the social content of the

independence movement, which it turn stemmed from the awareness of the plight of the

mass of Indians, so the political provisions were largely a product of the assembly

members experience in government and existence of times. (Austin 1966:50)

Though the parliamentary system of government adopted in India is largely based

on the pattern of British parliamentary system, yet it was not certainly its replica. The

framers of the Constitution made many modifications in the British parliamentary system

to suit a vast country like India, which had opted for a federal polity and a republican

system of government. Jawahar Lal Nehru, said; we chose this system of parliamentary

democracy deliberately; we chose it not because to some extent we had always thought

on those lines previously, but because we thought it in keeping with our old traditions,

not the old tradition as they were, but adjusted to the new conditions and new

surroundings. We chose it let us give credit where credit is due because we approved of

its functioning in other countries, more especially, in the United Kingdom".(LSD. 28 th

March,1957) Further Nehru explained reasons for democratic parliamentary system in


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1956 in a seminar, he said; Democracy has been spoken cheaply in the past, so the

political democracy roughly represented by every person having a vote by itself does not

represent very much in a person who is down and out, to a person let us say, who is

starving or hungry. Political democracy by itself, is not enough except that it may be used

to obtain a gradually increasing measure of economic democracy, equality and spread of

good things of life to others and removal of gross inequalities.*

PHILOSOPHY OF THE CONSTITUTION

The present Constitution of India, which came in to force on 26

th

, January 1950,

was based on objectives resolution were prepared under the leadership of Jawaharlal

Nehru. Resoultion constitute the blue print for the framing of Indian Constitution. The

ideals of resolution were fully reflected the Preamble of the Constitution. The Preamble

of the Constitution in other words reveals the philosophical foundations of the

Constitution. In the historic Kesavananda Bharati case Justice Sikri, held It seems to me

that the Preamble of our Constitution extreme importance on the Constitution should be

read and interpret it in the light of the grand and noble vision expressed in the preamble.

(AIR1973 SC:1461) The constituent assembly which gave shape to the Constitution of

India, faced at the out set the task of the stating its basic objectives the ideals of the

national unity had gathered prime importance because of the specter of partition hunting

the working of the assembly. Preamble contains the basic principles and basic underlying

principles of Constitution, stated mostly in moral terms that indicated the desired

direction of political system. The ideals of Constitution took its shaped during the

* Inaugural Address of Pandit Nehru at a Seminar on Parliamentary Democracy on 25th February 1956

Delhi.


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freedom movement and were inspired by its distinguished leaders. The constitutional

structure is based on a very comprehensive philosophy. The Preamble of the Constitution

in its original form read:

WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVERIGN DEMOCRATIC REPUBLIC and to secure to all its citizens

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQALITY of status and of opportunity; and to promote among them all;

FRETERNITY assuring the dignity of the individual and the unity of the nation;

IN OUR CONSTITUANT ASSEMBLY this twenty-sixth day of November 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION.(Preamble of Indian Constitution)

In 1976 by the Constitution 42nd amendment act, the words Socialist, Secular

were added in the first part of the preamble and in the second part the word Integrity

was added. Preamble starts by saying that we the people of India represent the source

of authority of Constitution traced from the people of India. The will of the people was

expressed in the resolution of the constituent assembly. It is also clear that the people

decided on their own to adopt the Constitution. Ananthsayanam Ayyangar had observed;

It vests the Sovereignty in the people and enables them to continue to exercise that

sovereignty in full. (CAD.18th November 1949) The type of the government that the

Constitution provides for is defined in terms of sovereign democratic republic. The terms

socialist and secular, which were added in 1976, were emphasize repeatedly by the


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leaders during the freedom movement. There were suggestions during the debates in the

constituent assembly on the objectives resolution. K.T. Shah, prominent socialist in the

assembly moved such an amendment on two occasions, but it was pointed out that other

provisions of the Constitution took care of both the ideals such ideals are emphasized in

the provisions in the Fundamental Rights, which provides right to equality and right

against exploitation. Social and economic justice is important ideal of the Directive

Principles of the State Policy. Similarly, liberty of belief, faith and worship and equality

of status and opportunity were adequate explanations of idea of secularism. Still these

ideals had to be emphasized the 42

nd

amendment. It is to be noted that Indian type of

socialism is different from western type of socialist, which involves the nationalization of

means of production. Mrs. Indira Gandhi explained this in the context of 42nd

amendment. She said; we have always said that, we have our own bond of socialism.

We will nationalize the sector where we feel necessity. Just nationalization is not our

type of socialism.* Therefore the Indian Constitution does not abolish private property

altogether but seek to be put it under restrains, so that it may be used for public benefit,

Instead of, the total nationalization of all property and industries. India has followed a

concept of Mixed Economy, which aims that offering of equal opportunities to all and the

abolition of vested interests. However it is felt that the word socialist used in the

preamble is very ambiguous and Confucius due to, it was not been preciously defined in

the Constitution, Especially in the era of Globalization, when the government following

free market economy and Disinvestments to bring the means of production into private

sector. According to Subash C. Kashayap, all talks of socialism are a meaningless

chatter in the context of new economic policy or free market economy.

* Indira Gandhis statement to The Statesman, 25th October 1976.


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giving certain directions to the future legislative and the future executive to show in what

manner they are to exercise the legislative and executive power they will have. Surely, it

is not the intention to introduce in this part these principles as pious declarations. It is the

intention of the assembly that in future both the legislative and executive should not

merely pay lip service to these principles, but they should be made the basis of all

legislative and executive actions that they may be taking here after in the matter of the

governance of the country.(CAD.Vol.VII:382) Ambedkar give further stress or

Economic Democracy. He observed that Directive Principles are tools to achieve

economic democracy and economic justice. He said, We do not want merely to lay

down a mechanism to enable people to come and capture power. The Constitution also

wishes to lay down and ideal before those who would be forming the

government.Have we got any fixed idea as to how we should bring about economic

democracy?.. Now having regard to the fact that there are various ways by which

economic democracy may be brought about, we have deliberately introduced in the

language that we have used in the directive principles something, which is not fixed or

rigid. We have left enough room for people of different ways of thinking, with regard to

the reaching of the ideal of economic democracy, to strive in their own way, to perused

the electorate that it the best way of reaching economic democracy. (CAD.vol.VII:494)

The ideal of economic democracy clearly spelt out in clause (b) and (c) of article 39 of

the Indian Constitution under Directive Principles of State Policy. Article 39 directs;

The state shall, in particular, direct its policy towards securing (b) that the

ownership and control of material resources of the community are so distributed as to

best sub serve the common good; (c) that the operation of the economic system does not


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result in the concentration of wealth and means of production to the common detriment.

(Article 39 of Indian Constitution) Nehru gave at most importance to the Directive

principles, when government faced courts decisions against the implementation of

directive principles, Nehru government moved First amendment bill in that context,

Nehru said; the Constitution lays down certain Directive Principles of state policy, and

after long discussion we agreed to them and they pointed out the way we have got to

travel. The Constitution also lays down certain Fundamental Rights both are important.

The Directive Principles of State Policy represent a dynamic move towards a certain

objectives. The Fundamental Rights represent something static, to preserve certain rights

which exist, both again are right.(LSD 16 th May 1951) Preamble mentions that the

dignity of individual and the unity and integrity of the nation together in the same clause.

This indicates the importance that is attached to the individual as a basic unit of Indian

polity. While guaranteeing different kinds of freedom in article 19 of the Fundamental

Rights, the Constitution subjects them to certain reasonable restrictions mentioned clause

(2) and (6) of article 19. These restrictions refer to the sovereign and integrity of India

and public order. The court of law can decide whether a particular restriction imposed by

the government is reasonable or not. The ideal of fraternity enshrined in the Indian

Constitution is not limited to our country but reaches the lifter idea of universal

brotherhood. It was expressed by Nehru in a memorable words; the only possible real

object that we, in common which other nations, can have is the object of co-operating in

the building up of some kind of world structure, call it one world, call it as you like.

(CAD.Vol.I:321) Thus universal brotherhood and international peace is another


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dimension of Indian Constitution. The Constitution is committed to peace and security.

Article 51 of the Indian Constitution outlines that, The state shall endeavor to

(a) promote international peace and security,

(b) maintain just and honourable relations between nations;

(c) foster respect for international law and treaty obligations in the dealing of

organized people with one other; and

(d) encourage settlement of international disputes by arbitration.(Article 51 of

Indian Constitution)

The final paragraph of preamble puts on record the exact date when the

Constitution was adopted i.e. 26, November 1949. It emphasizes once again the principle

of sovereignty of the people, who adopted the Constitution. The principle of legitimacy is

strengthened by the declaration on behalf of the people to give to ourselves this

Constitution. This fact was clearly emphasized by Supreme Court in the Gopalan versus

State of Madras, Justice Patanjali shastri observed; there can be no doubt that the people

of India in exercise of their sovereign will as expressed in the Preamble, adopted the

democratic ideal which assures to the citizens the dignity of individual and other human

values as a means to the full evolution and expression of his personality, and in

delegating to the legislature, the executive and the judiciary their respective powers in the

Constitution, resolved to themselves certain fundamental rights. (Gopalan vs State of

Madras 1950.SCR.88:198)


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These are the prime socio-economic and philosophical foundations of Indian

Constitution, has been framed in the light of several experiences. It has been a document

borrowed from several other constitutions of the world. The members of the Drafting

Committee had examined the constitutions of other countries and adopted a few,

discarded some, considering the Indian conditions and past political heritage. Many

features are borrowed from British Constitution, particularly west minister model, law

making procedure, single citizenship, and rule of law titular head at the apex of

executive. From the Constitution of USA, federalism independence of judiciary, judicial

review, fundamental rights, system of removal of Supreme Court and High Court judges,

from the Constitution of Canada, federation with strong centre, including the residuary

powers, the idea of Concurrent List from the Constitution of Australia, from the

Constitution of Ireland they borrowed the ideas of Directive Principles of State Policy,

method of presidential election, nomination of members to Upper House by President.

They borrowed emergency provisions, provisions concerning the suspension of

fundamental rights during emergencies. Above all the Government of India Act of 1935

has been a great source to the Constitution of India. However, it must be kept in mind

that while borrowing various features from various constitutions members of Constituent

Assembly members did not lose sight of social, political and economic conditions

prevailing in the country and tried to modify the features borrowed according to

requirements of Indian conditions. In fact, even framers of the Constitution never

claimed that they had produced on entirely novel Constitution, but Dr. Ambedkar

emphasized that modifications have been made in the features borrowed from various

constitutions, to remove their shortcomings and accommodates them according to the


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requirements of Indian conditions. Dr. Ambedkar pointed out in the Constituent

Assembly, one like to ask whether there can be any thing new in Constitution framed at

this hour in the history of the world. More than three hundred years have roller when the

first written constitution was drafted. It has been followed by many other countries

reducing their constitution to written given these facts, all the constitutions in their

main provisions must look similar. The only new things, if there be any, in a constitution

framed so late in the day are the variations made to remove the faults and to

accommodate it to the needs of the country.(CAD.Vol.VII:37) The famous

constitutional expert Granville Austin observed that the Indian Constitution is first and

foremost social document with unique balance, in his words, the Indian Constitution is

first and foremost a social document. The majority of its provisions are either directly

aimed at furthering the goals of social revolution by establishing the conditions necessary

for its achievement yet despite the permeation of the entire Constitution by the aim of

national renaissance, the core of the commitment to the social revolution lies in Part III

and In Part IV in the Fundamental Rights and Directive Principles of State Policy. These

are the conscience of the Constitution. (Austin 1966:50)

Thus the Constitution of India was carved out by the founding fathers as road

map, which a clear destination, and the instrumentalities and process to reach the

destination were also provided. Dr. G.R.S. Rao, observed in his book Constitution of

India: Vision, Reality and Reform by quoting, Syed Muhammed Saadulla, one of the

prominent member of Constituent Assembly, the essence of the Constitution was not

merely democratic governance for India, but it encompassed a set of universal and


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eternal values of humanism, in a sense, it was hundred years ahead of its times. Even if a

hundred wise and dedicated souls creatively interact for three full years. They cannot

carve out an alternative vision for Indias democratic republic. In this perspective that

Syed Mahammad Saadullahs reflection on the merits and demerits of Indias

Constitution assume significance in the contemporary times. He observed that, if we

work in the sprit of the Preamble, we must say that we have a Constitution which can be

made an ideal Constitution by working it in the proper sprit. Indias problem is that it

has a leadership that looks at the Constitution like the proverbial seven blind men and the

elephant. (Rao1998:144-146)

The Constitution represent a consensual framework for economic development

and social transformation, but the objective of political process has shifted from social

agenda to political power.

Documents

Socio- Economic and Political Basis of Constitution