Political Philosophy of the Constitution
What is the meaning of philosophy of constitution
There are three things in our mind.
First, we need to understand the conceptual structure of the Constitution. what does this mean? This means that we must ask the question, what are the possible meanings of the words used in the constitution such as rights, citizenship, minority or democracy?
In addition, we should try to work out a coherent vision and a conditional state of society .
On the interpretation of the key concepts of the constitution. We should have a better understanding of the set of ideals enshrined in the Constitution.
Our final point is that the Constitution should be read in conjunction with the Constituent Assembly debates to be refined and elevated high theoretical level to justify the values enshrined in the constitution. A philosophical treatment of a value is incomplete if a detailed justification for it is not provided. When the framers of the Constitution chose to guide Indian society and politics by a set of values, there must have been a set of corresponding reasons. Many of them, however, may not have been fully explained.
️ Why in need?
Detect not only that have ethical content requires a political philosophy approach to the Constitution and to evaluate his claims, but may be used to mediate between the different interpretations of many basic values in our politics To do too.
Constitution as a means of democratic transformation: -
Provide peaceful, democratic means to bring about social change. Furthermore, for the hitherto colonized peoples, the constitutions proclaim and embody the first real exercise of political self-determination.
The Indian Constitution was designed to break the shackles of traditional social hierarchies and usher in a new era of liberty, equality and justice.
Constitutions exist not only to limit those in power but also to empower those who have traditionally been deprived of it. The Constitution can empower the weak to achieve the collective good.
What political philosophy of our Constitution?
Is difficult to describe in one word the philosophy.
It opposes any single label because it is liberal, democratic, egalitarian, secular and federal, is open to community values, sensitive to the needs of religious and linguistic minorities as well as historically disadvantaged groups, and Committed to building a common national identity.
In short, it is committed to liberty, equality, social justice and national unity in some form or the other.
But under all this, this philosophy has been clearly focused on the peaceful and democratic means to bring into practice.
️ Personal liberty :-
Its commitment to care provided by First personal freedom in the Constitution.
Remember Ram Mohan Roy was opposed to cuts in the freedom of the press, the British colonial state.
It is therefore not surprising that freedom of expression is an integral part of the Indian Constitution. Similarly, there is freedom from arbitrary arrest.
The infamous Rowlatt Act, which was so strongly opposed by the national movement, tried to negate this basic freedom.
️ Social Justice :-
• Classical liberalism has always privileged the rights of individuals over the demands of social justice and community values.
liberalization of the Indian constitution is different from the way two of this edition.
First, it has always been linked to social justice. The best example of this is provision .
Reservation for Scheduled Castes and Scheduled Tribes in the Constitution. The framers of the Constitution believed that merely providing the right to equality was not enough to address the age-old injustice faced by these groups or to give real meaning to their right to vote.
Needed special constitutional measures to pursue their interests. Therefore, the framers of the Constitution provided several special measures to protect the interests of Scheduled Castes and Scheduled Tribes such as reservation of seats in the Legislative Assemblies. The constitution also made it possible for the government to reserve public sector jobs for these groups.
️ Respect for diversity and minority rights :-
The Indian Constitution encourages equal respect among communities.
It was not easy in our country, first because the community is not always a relationship of equality; They have a hierarchical relationship with each other (as in the case of caste).
Second, when the community can be seen as equal to each other, they become competitors also in terms of religious communities.
It was important to make sure you organize a community to not dominate others.
It is mandatory for our constitution to recognize community based rights.
One such right is the right of religious communities to establish and run their own educational institutions.
To such institutions may receive funds from the government. This provision shows that the Indian Constitution does not see religion as a private matter relating only to the individual.
️ Secularism :-
The word secular was not mentioned in the beginning; Indian Constitution has always been secular.
Secular mainstream, means the Western concept of mutual exclusion of state and religion
To protect values such as individual liberty and citizenship rights of individuals.
Mutual exclusion word means: religion and state both must stay away from the internal affairs of each other. The state should not interfere in the field of religion; Similarly, religion should not determine the policy of the state or influence the conduct of the state. In other words,
Mutual exclusion means that religion and state should be strictly separated.
To protect religious freedom of individuals, therefore the state should not aid religious organisations. But at the same time, the state should not tell religious organizations how their affairs are managed.
️ Rights of religious groups :-
Constitution provides rights such as setting their educational institutions all religious communities and maintenance of rights. Freedom of religion in India means freedom of religion for both individuals and communities.
️ Power of State Intervention :-
The state was to intervene only in matters of religion.
The state can also help religious communities by providing assistance to the educational institutions run by them.
The state can help or hinder religious communities, depending on which course of action promotes values such as liberty and equality.
️ Procedural Achievements :-
First: - Constitution reflects the confidence in political discussions. We know that many groups and interests were not adequately represented in the Constituent Assembly. But the debate in the Assembly largely shows that the framers of the Constitution wanted to be as inclusive in their approach as possible. This open-ended approach indicates people's willingness to modify their existing preferences, in short, not for self-interest but to justify consequences in terms of reasons. It also shows a willingness to recognize the constructive value in differences and disagreements.
Second - it captures the spirit of compromise and adjustment. These words, compromise and accommodation, should not always be viewed with disapproval. Not all agreements are bad.
️ Criticisms :-
Many criticisms can be made of the Indian Constitution, three of which can be mentioned briefly:
First, that it is cumbersome,
Second, it is non-Representative and,
Third, it is different to our conditions.
First criticism: -
Criticism that it is cumbersome, an entire constitution that is based on the assumption
The country must be found in a compact document.
The fact that the constitution of a country is to be identified with a compact document and with it other written documents with constitutional status.
In the case of India, many such descriptions, practices and statements are included in a single , single document and this has made that document somewhat larger in size.
For example, in many countries the document known as the Constitution does not contain provisions for the Election Commission or the Civil Service Commission.
But in India, many such matters are addressed in the constitutional document itself.
Second criticism: -
• Here we must distinguish two components of representation, one which can be called voice and the other opinion.
Important voice component represents. People should be recognized in their own language or voice, not in the language of the master. If we look at the Indian Constitution from this dimension, it is actually non-representative because the members of the Constituent Assembly were elected by a restricted suffrage and not by universal suffrage.
However, if we examine another dimension, we will not lack it completely represented. The claim that almost every type of opinion was represented in the Constituent Assembly may be exaggerated, but there may be something to it. If we read the debates that took place in the Constituent Assembly, we find that a wide range of issues and views were mentioned, with members not only on the basis of their individual social concerns but also on the perceived interests and concerns of different social classes. cases were taken up. Well.
Third criticism: -
Charge it imposes is that the Constitution is a totally foreign documents, sits uncomfortably with the cultural ethos of the article and the people borrowed text from Western constitutions. This criticism is often voiced by many. Even in the Constituent Assembly there were some voices that echoed this concern.
️ Limitations of the Constitution :-
First, a centralized idea of national unity in the Indian Constitution.
Second, it appears that it has highlighted some important issues of gender justice, especially within the family.
Third, it is not clear that in a poor developing country, the basic socio-economic rights why the section on Directive Principles rather than an integral part of our fundamental rights had been removed.
