The main Features of the Constitution

The Constitution of India is unique in the world. Our Constitution postulated an

enabling framework for evolving India into the largest functioning democracy in
the world.
India’s struggle for independence was different and interesting, as India was not
only seeking independence, it was also deliberating about its future. India’s
freedom struggle was also unique because the leaders were articulating about
the philosophy of governing independent India. India was set to enter the
independent world with full preparation, by instituting the “Rule of Law.”
The makers of the Constitution were aware that India was aspiring freedom
from foreign rule, seeking “self-rule” and was ambitious of liberty, equality and
a fraternity based on the idea of “Just Society.” Henceforth, India was united
not only to overthrow foreign rule, unlike other countries but also pursue a
“social revolution.”
• Granville Austin argues that: India’s founding fathers and mothers have established
both the nation’s ideal, the institutions and the process to achieve them. The ideals
were national unity and integrity, a democratic and equitable society. The new
society was to be achieved through a social-economic revolution pursued with a
democratic spirit using constitutional democratic institutions (Austin, 1966, p.XI).
• Moral Imagining of the Constitution It is commonly believed that the Constitution
merely consists of laws. Laws and morality are different from each other. Therefore,
if the Constitution were understood as a legal document, then it would be only
perceived from a legal approach. It can be agreed that laws are objective and not
valueladen but all laws are not disconnected from moral content. India’s Constitution
envisages not only legal content but carries a moral vision. Therefore, it needs to be
gazed from a political philosophical approach. According to Granville Austin: The
Indian Constitution is a document in which provisions express general principles and
humanitarian sentiments, vows of purpose. Its ideal was predominantly the product
of the social content of independence movement. The Constitution was to foster the
achievement of many goals, dominant among them was a social revolution (Austin,
1966).
 • Philosophy of the Constitution:
• the Constituent Assembly got its objectives on December 13, four days after its
first meeting, when the “Objectives Resolution” drafted by Jawaharlal Nehru was
moved. The Objective Resolution reads as follows: This Constituent Assembly
declares its firm and solemn resolve to proclaim India as an Independent
Sovereign Republic and to draw up for her future governance a Constitution.
• The Preamble is contemplated as the soul of the Constitution. It is the soul that
never dies and is timeless; it is a philosophy of life; the body may change or die.
Similarly, the Preamble is timeless; it is the philosophy of the Constitution.
• The Constitution forms the State and the people frame the Constitution.
Interestingly, the people themselves have adopted it; hence, people would be
unblemished in their understanding of “Swaraj” (self-rule) or swashasan (self-
governance). The Preamble is a portrayal of the objectives of the Constitution.
The Preamble divulges the nature of the Indian State, which the people of India
wish for. The nature of the State uncovered in the Preamble of the Constitution is
as follows:
• Sovereign: The Preamble pronounces India to be the Sovereign State with the power of making all
decisions independently. It ceases to be the colony of a British Empire and terminates the Dominion
Status conferred upon India by the Indian Independence Act of 1947. A serious debate surfaced in the
Constituent Assembly about posing a challenge to the sovereignty of India by accepting the
membership of Commonwealth of Nations whose symbolic head used to be the Queen of Great
Britain. Jawaharlal Nehru made a clarification: “It is an agreement of Free will, to be terminated by
Free will.”
• Socialist: The term was not originally written in the Preamble but was inserted by the 42nd
Constitutional Amendment Act, 1976. The concept of socialism treasured in the Preamble is different
from the general understanding of socialism. The framers have intended India to become a socialist
republic by espousing the idea of freedom from all sort of exploitation, that is, social, economic and
political. India devised its own socialism by giving space to the private and public sector which has
been popularized as “mixed economy.”
• Secular This term was also not originally written in the Constitution but was added by the 42nd
Constitutional Amendment Act, 1976. However, it was inserted but it was not defined anywhere. The
Bill says that India would be a Secular Republic in which there is equal respect for all religions.

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• Even as the omission of the words ‘secular’ and ‘socialist’ from the Preamble text,
clarify through the Constituent Assembly debates clearly show why the words
were omitted in the original text. The debates saw Dr. B.R. Ambedkar reason that
there was no need to include the term ‘secular’ as the entire Constitution embodied
the concept of secular state, which meant non-discrimination on grounds of
religion and equal rights and status to all citizens.
• On the inclusion of the term ‘socialist,’ he said it is against the very grain of
democracy to decide in the Constitution what kind of society the people of India
should live in.
• “It is perfectly possible today, for the majority people to hold that the socialist
organisation of society is better than the capitalist organisation of society. But it
would be perfectly possible for thinking people to devise some other form of
social organisation which might be better than the socialist organisation of today
or of tomorrow. I do not see therefore why the Constitution should tie down the
people to live in a particular form and not leave it to the people themselves to
decide it for themselves,” he had said. His words had influenced the final decision
to omit the two words.
• However, Prime Minister Indira Gandhi re-introduced the two words
for political reasons in the 42nd Constitution Amendment of 1976.
Constitutional expert Subhash Kashyap said: “The word ‘socialist’ was added
to send a message politically that she stood for the poor. The word ‘secular’
was obviously meant for the minorities in the context of the birth control
programmes of the emergency period. It was not as if the Constitution was not
secular or socialist before the words were added. India has been secular before
the 42nd Amendment and continues to be secular after it.” “It was merely
playing politics,” Mr. Kashyap said.
• 4. Democratic The Preamble affirms India as a Democratic Republic.
Democracy is defined as the rule of the people, by the people and for the
people. To convert this ideal understanding into pragmatism, the idea of
Universal Adult Suffrage was introduced which has ensured the participation of
the people in democratic politics. India could become a successful democracy
because democracy was not a new idea for India. S. Radhakrishnan, member of
the Constituent Assembly from United Province said: “India is a practising
democracy since long. Panini, Megasthanese and Kautilya refer to the republics
of Ancient India. The great Buddha belongs to the Republic of Kapilavastu.”
• On the question of democracy, Jaipal Singh, member of the Constituent
Assembly from Bihar, said on the question of democracy as a western idea that
the history of Indus Valley civilization, a child of which I am, is the history of
democracy. Any resolution is not going to teach democracy to the adivasis. You
cannot teach democracy to tribal people; you have to learn democratic ways
from them. They are the most democratic people on earth.
• 5. Republic The term “republic” in Greek literally means “justice,” but here
for the Constituent Assembly of India, Republic meant the State in which the
supreme power rests with the people. While addressing the Assembly,
Jawaharlal Nehru said that Republic means sovereignty belongs to the people
and rests with the people. The final decision should rest with the people of the
State. S. Radhakrishnan said in his speech in the Constituent Assembly that
Republican understanding in India is as old as anything can be. Once, a few
merchants were asked in the Deccan. “Who is your king?” The answer was,
“Some of us are governed by assemblies; some of us by kings
• 6. Justice The Constituent Assembly was swayed by these ideals and believed
that the Constitution would dispense it in its full spirit.
• Constitution. Dr Bhim Rao Ambedkar, in his famous speech in the
Constituent Assembly on 26 January 1950 said that we are going to enter
into a life of contradictions. In politics, we will have equality and in social
and economic life, we will have inequality. In politics, we will be conceding
the principle of one-man, one vote. In our social and economic life, we shall,
by reason of our social and economic structure, continue to deny the principle
of one-man, one value. How long shall we continue to live this life of
contradictions? How long shall we continue to deny equality in our social
and economic life? If we continue to deny equality in our social and
economic life for long, we will do so only by putting our political democracy
in peril. We must remove this contradiction at the earliest possible moment
or else those who suffer from inequality will blow up the structure of
political democracy which the Assembly has so laboriously built up.
• 7. Liberty In political theory, liberty has been considered the soul of the
individual. Nothing less than liberty can be acceptable to individuals. Liberty
is guaranteed in the Constitution in Part III under Fundamental Rights. There
is freedom of Speech and Expression, {Article 19(1)(a)} religious freedom,
(Article 25) right to life and personal liberty, (Article 21) became intrinsic part
of the constitution. Bhim Rao Ambedkar mentioned the famous caution
which John Stuart Mill has given to all who are interested in the maintenance
of democracy, namely, not “to lay their liberties at the feet of even a great
man, or to trust him with powers which enable him to subvert their
institutions.”

• Ambedkar said, “bhakti in religion may be a road to the salvation of the soul
but in politics, bhakti or hero-worship is a sure road to degradation and to
eventual dictatorship.”
• 8. Equality Political theory believes that liberty without equality is worthless.
Therefore, the Constitution guarantees equal status for all the citizens of India.
Right to equality under Articles 14–18 offers equality in the eyes of law and
also obliterates any distinction on the basis of caste, class, religion, sex, colour
and race.
• Dr Bhim Rao Ambedkar was convinced that equality is the prerequisite for
becoming a fraternity.
• 9. Fraternity In India, it is difficult to become a fraternity when the basic unit is
restricted to caste. The Constituent Assembly was imagining India to become a
society, which was not easy without being a fraternity. “Fraternity” was not
cited in Objective Resolutions proposed by Jawaharlal Nehru in the Constituent
Assembly. Dr Bhim Rao Ambedkar added it later. In his famous speech,
Ambedkar said that fraternity means a sense of common brotherhood of all
Indians of being one. It is the principle which gives unity and solidarity to social
life. It is a difficult thing to achieve. He further said in the Constituent Assembly
that liberty, equality and fraternity are to be treated as trinity.
• The Constituent Assembly was shimmering the difference of opinions,
usurping the idea of popular sovereignty. Ambedkar’s presence was a
reflection of the difference of opinion and not identity. To celebrate the
Constitution, Granville Austin said that with the introduction of the
Constitution, India became the largest democracy of the world. This has been
the greatest political work done by any Constituent Assembly after
Philadelphia Convention in 1787 (Austin, 1966).
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