Chapter 10 : THE PHILOSOPHY OF THE CONSTITUTION
Note : this chapter is least important from UPSC prelims perspective.
WHAT IS MEANT BY THE PHILOSOPHY OF THE CONSTITUTION?
1. We need to understand the conceptual structure of the constitution.
2. It means that we must ask questions like what is the meanings of terms used in the constitution such as ‘rights’, ‘citizenship’, ‘minority’ or ‘democracy.
3. We must attempt to work out a coherent vision of society and polity conditional upon an interpretation
of the key concepts of the constitution.
4. We must have a better grasp of the set of ideals embedded in the constitution
WHAT IS THE POLITICAL PHILOSOPHY OF OUR CONSTITUTION?
1. It is hard to describe this philosophy in one word.
2. It resists any single label because it is liberal, democratic, egalitarian, secular, and federal, and committed to building a common national identity.
3.Indian Constitution is committed to freedom, equality, social justice, and some form of national unity.
4.Individual freedom :- Indian Constitution is commited to ensure individual freedom.
5. Classical liberalism privileges rights of the individuals over demands of social justice and community values.
6. Special constitutional measures were required for advancement of backward classes.
7.Therefore the constitution makers provided a number of special measures to protect the interests of Scheduled Castes and Scheduled Tribes e.g.- the reservation of seats in legislatures, reservation in admission and govt jobs.
8.Respect for diversity and minority rights :- The Indian Constitution encourages equal respect between communities.
9.Article 29,30 empower minorities to establish and run their own educational institutions. Such institutions may receive money from the government. Secular states are widely seen as treating religion as only a private matter.
10.The state must not intervene in the domain of religion;religion likewise should not dictate state policy or
influence the conduct of the state.
11. In other words, mutual exclusion means that religion and state must be strictly separated
12. What is the purpose behind strict separation?
i)It is to safeguard the freedom of individuals.
ii)States which lend support to organised religions make them more powerful than they already are
13.The idea of universal franchise lay securely within the heart of nationalism by introducing the article concerning North-East (Art. 371), the Indian Constitution anticipates the very important concept of asymmetric federalism.
14. Under Article 371A, the privilege of special status was also accorded to the North-Eastern State of Nagaland.
15. Indian Constitution constantly reinforces a common national identity.
