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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.

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.

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

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

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;

(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

(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

constitution and submitted for the consideration of assembly. According to this scheme, a democratically constituted panchayat shall be the primary political unit. The subject of panchayats should cover law and order, land revenue, co-operatives, village industries etc. At Taluq and District levels Panchayats there should be indirectly elected bodies, looking after advisory functions; the members of district municipal and panchayats could comprise all India panchayats. Besides, the provincial panchayats are also created looking mainly towards transport, irrigation, natural resources and co-operative banks. The national panchayats may look after defence, currency, customs, and industries of key importance. The thrust continues to be on the grassroots of panchayats with all the powers with its disposal. The national provincial panchayats are merely indirectly elected with hardly any powers. The Gandhian tradition emphasis the virtues of rural society with its base in agriculture and Agro based industries and it rejects urban, western mechanized exploitation of man by man. According to Gandhians Panchayats alone restore democracy at grass root levels. Arun Chandra Guha, one of the prominent Gandhian in the constituent assembly strongly argued that Gandhian model of panchayat based constitution, while debate on objectives resolution. He said; we have been taught to think of village panchayats as a future basis for administrative machinery. The Gandhian and Congress outlook has been that the future Constitution of India would be a pyramidal structure and its basis would be the village panchayats. According to Ambedkar, the villages have been the dens of ignorance. If that has been case now, that is due to us who have been living the towns, who have been shining under the foreign bureaucracy and foreign rule. (CAD.vol.VII:256) Another prominent member

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

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

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

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

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

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 westminister 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

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. 28th March,1957) Further Nehru explained reasons for democratic parliamentary system in

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.

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

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 42nd 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.

(Kashyap1998:26-28) The ideas of justice, liberty, equality and fraternity, prescribed the objectives of the Indian political system. These terms formed the points of extensive debate in the constituent assembly. Different aspects of justice, social, economic and political were discussed. The framers of the Constitution wanted to eliminate the socioeconomic inequalities through the instrument of Constitution. Nehru expressed these ideals very beautifully in the Constituent Assembly. He said that; At present greatest and most important question India is how to solve the problem of the poor and starving. Wherever we turn, we are confronted with these problem if we cannot solve this problem soon, all our paper constitutions will become useless and purposeless. (CAD.Vol.II:99) He further said; the Constitution will lead us to the real freedom that we have clamored and the real freedom in turn will bring food to starving people, clothing for them, housing for them and all manners of opportunities and progress. (CAD.Vol.II:322) Dr. S.Radhakrishnan extended these ideals. He said poor people who wander about, find no work, no wages and starve, whose lives are a continual round or store affliction and pinching poverty, cannot be proud of the Constitution of India or its laws. * The achievement of ideals of welfare state and putting an end to the discrimination based on caste, community, race and religion was emphasized. Political justice was to be elaborated in terms of different t aspects of liberty. Special provisions are made to protect the interests of SCs, STs and other weaker section of the society. Different provisions of Directive Principles of State Policy take care of the problem of establishing social and economic Democracy. Dr. B. R Ambedkar gave much importance to the Directive Principles. When the members of assembly doubtful of these non-justicable principles, by replying Ambedkar said, In enacting this part of the Constitution the assembly is
*

S.Radhakrishanan at a seminar on Parliamentary Democracy on 25th February 1956 Delhi.

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

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 16th 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

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)

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

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

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.