The
Indian Constitution embodies the country’s experience in the past, the way it
meets the challenges of the present and its vision for the future. Indian
Constitution has proved to be resilient as it receives its sustenance from the
life and culture of the nation.
The
Country’s Experience and the Eclecticism of the Constitution
During
the freedom struggle, Indian leaders remained wedded to certain constitutional
concepts. In the colonial rule they acquired some experience of working
parliamentary institutions such as the Councils in the Provinces and at the
Centre. The Morley-Minto Reforms gave India an Imperial Council and Provincial
Legislative Councils. There were indirect elections to these bodies. The Mont-Ford
Reforms gave the country legislative bodies with members partly nominated and partly elected on
restricted franchise (there were property
and educational qualifications for voters). There was also The Government of India Act,
1935, under which the country was governed till the present Constitution was
adopted in 1949.
Thus
India had the wisdom and maturity to understand the working of democracy and
the rule of law(rule of law is the
opposite of rule by a person’s whims,
like those of a king). In addition to these, India drew upon the wisdom of
different Constitutions of the world.
History of the Constitution
The
Constituent Assembly ( Parliament and
State Assemblies today are ordinary
legislatures which can make laws. But Constituent Assembly alone can make the
Constitution) had members from British India ( parts of the country ruled
by the British) and the princely states (
parts of the country ruled by native
rulers, the kings). When the Constituent Assembly met in 1946 members of
the Muslim League refused to attend its meetings. Hence there had to be two
Constituent Assemblies – one for India and the other for Pakistan. There were
Muslim members in the Indian Constituent Assembly and they did participate by
making significant contribution to the Constitution. The constitution was finally
made after due debate, discussion and voting, though for a divided India.
The Ideologies of the Constitution
The ideologies of the Constitution are
secularism, pluralism and liberalism. Liberalism is willingness to consider
different opinions, openness to change and respect for personal freedom(there are governments which would not
hesitate to take away personal freedom in the name of common good). The Constitution gives equal respect to all
religions, protects the minorities, guarantees fundamental rights and the rule
of law. The Universal Declaration of Human Rights of 1948 finds its echo in
Indian Constitution. The Constitution was proclaimed in the name of “We the
people of India”. Some may say that it is not justified as the Constituent
Assembly was elected on a limited franchise and not on universal adult
franchise. But the Constitution does not exclude any section of the people from
civil and political rights.
The founding fathers resisted the temptation
of a theocratic state(state guided and
controlled by religious views). They realized India’s demographic diversity
and cultural plurality. There was partition of the country which left India a
Hindu majority state. And democracy is based on majority principle. Even though
this was the situation, India was made a secular state.
The
lawyer members in the Constituent Assembly committed the country to
constitutional guarantee for fundamental rights, judicial review and the
independence of the judiciary. Judicial
review means that any of the High Courts and also the Supreme Court can declare
any law made by the legislature invalid
if the law contravenes the Constitution.
The Constitutional Vision
The Constitution has the
vision of a society dedicated to the values of freedom, justice, equality,
human dignity and national unity. It accommodates diversity by recognizing
linguistic states and establishes a federal system in which the Central government shares power with the
States. The working of the Constitution has created a pro-active judiciary
which functions as a check on the excesses, commissions and omissions of the
executive and the legislature. It is now moving towards federal co-operation
and harmonizing rights with responsibilities.
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(Material prepared by Dr. Jayaraman, Department of English, for IMSc students)
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