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Social-Economic and Philosophical Foundations of the Indian Constitution

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E 9th December 19 9th December 1946 a pivotal day in the history of Modern India yeah in this discussion of Daran today we will be talking about the this very journey of making of the Indian constitution in today’s session we have with us Professor D Ananda from faculty of political science School of social

Sciences and myself is aneli a research scholar in the same discipline the theme of today’s discussion is social economic and philosophical foundations of the Indian constitution or so course particularly Bachelors or masters in political science scholar designed and as we begin at the very onset I would like to discuss with you

Sir that what was the historical context what was the churning in the nation in which the Indian constitution making started to happen to understand this context actually we have to understand the national movement and the context of the national movement at that time actually actually when we look at the

Constitution making the constituent assembly met in a very very uh in a historical juncture at the same time very a problematic at the same time a kind of a crucial time of the nation actually so in that circumstances they started actually looking at the things especially a constitution is a political

Legal document According to which the country will be functioning so they wanted to decide what kind of constitution is required for the future of this India what is the best suited uh kind of available alternatives are there they were doing a lot of research at the time so in this historical conditions

Actually in 1947 we have got the freedom especially the political iCal uh Power has been transferred from the britishers to Indian rulers from 1946 onwards we have started actually making the Constitution actually the writing of the Constitution the constituent assembly first actually met in 1946 itself actually so at that time they were

Looking at the Historical conditions at the same time they were there were so many social and economic problems faced by the nation at that time when we look at actually in 1947 we got the freedom so by getting the freedom from the britishers we have actually achieved a

Kind of a revolution actually that is a political revolution so the during the national movement itself the Nationalist leaders actually national leaders very strongly actually determined to make India into a self-d determinant at the same time a egalitarian and Democratic Society so under this circumstances getting a freedom and the political

Transfer of the political uh power to the Indian leaders is is actually a one step that is the we call it actually it is a political revolution so this political revolution is nothing but transfer of the power but it is not going to make a very big change in terms

Of the restructuring the society and rebuilding the society the way they wanted to actually so in front of them actually there is a kind of a another task another major task was there in front of the constient assembly members that that task was actually that show social Revolution gr Austin actually

Says it actually there is a there there is a requirement of the social Revolution and the the constituent assembly members were actually grappling to this political revolution at one side after aching the political revolution their task was actually to rebuild the society and reform the society into a most egalitarian and Democratic manner

So that is the that implies the social Revolution actually so for this purpose they have to lead actually the country in in the future in a proper manner for that purpose they have met in that historical conditions and taking into the all the historical juncture actually they were they wanted the main

Intention of the constient assembly members was transform the society into a most egalitarian Manner and the most democratic Manner and reform the society and eradicate all the inequalities and all this is the main aim of the constient assembly members at the time G sir reolution political revolution or social Revolution or inor

Challenges when our constitution was being framed certainly in the entire world we had certain samples of constitution already in place so what were the different models that were in front of us in front of our constitution makers that could should be replicated or borrowed uh for our context for the

Indian context sir so this is also a very complicated task before the constituent assembly members at that time so there were so many models at that time and so many ways to deal this conditions so in this uh historical uh conditions actually they were looking at different different alternative models

Which are available in front of them in the entire world because Indian constitution is not merely a a mechanical arrangement for the institutions power and the governance it is the this political the Constitution is a very very social document the first and foremost social document as described by the ground Austin and it

Sets a vision Direction and goal to the future future policy makers at the same time they wanted to establish a a kind of a wonderful Society in future so because of that actually they were looking at the various alternative models which were actually available in front of them so those models are

Nothing but basically in any Constitution is nothing but a a culmination of the historical conditions at the same time social and economic aspirations of the people actually so accordingly at the time the Indian um constituent uh assembly members who are the makers of the Constitution they were looking at a different Alternatives

Basically we can look at there are there were three Alternatives in front of them those three alternatives are that one is that a Soviet Socialist model and another one is that actually the Indo European and American model one of the other model was there apart from that the traditional Indian indigenous

Model based on the gandan philosophy there was another model was there so these three are the basic broadly we can divide the alternative models before the constituent assembly are the Soviet Socialist model then the European and American model at the same time we have our own gandan based actually gandan

Principle based actually that Indian indigenous model so when they were looking at different things because Indian indigenous model was the first and foremost option in front of them because men Gandhi led the national movement and majority of the national movement national leaders at the same time conent assembly members are very

Much influenced by the national movement so in this circumstances in not only the national Gandhi princi gandhian principles in this circumstances actually they were looking at Gandhi is always a champion of the village SAS at the same time vage self republics so he wanted to transform the India indan

Indian uh into a a self Republic Village will be a self Republic and it will be having its own powers and functions so all these powers and functions will be exercised by The Village pchat itself and the village the each individual has taken as a unit actually

And the each Village is one of the Prime basic political institution in the gandan principles principle of this Village self republics so under this what happens each Village will be regulating its own Affairs without having any kind of restrictions almost all the powers are vested with the village panchayat

Then the provincial and um the national panchayats are merely a kind of advisory things the national pchat will be dealing with the major and the key and functions like like the Civil def Aviation defense and currency which is actually which cannot be dealt by the each Village actually so such model was

Actually one of the basic one and San Naran agal as one of the prominent Gand in the constient assembly he has actually prepared a blueprint of the gandhian uh model of the Constitution and submitted to the consideration of the constient assembly and Arun Chandra guha has very strongly argued for the

Gandan model of principles principled Gand Constitution actually based on the V self republics But ultimately when the debate disc discussion was going on no there was a very little response to this gandai model of constitution why because there was a lot of criticism on this Village republics

Also how we can make this Village republics Villages that those days in 1947 these Villages as self republics there was a lot of doubt in the minds of the constient assembly members they could not able even convince they could not convince that these Villages can be

Made as a self republics which will be regulating their own Affairs that was the one of the things at the same time un more uh the major opposition came from the ambedkar ambedkar did not believe that the these Villages can function as a self republics and regulate their own Affairs because he

Describes this Village as a den of ignorance sink of localism narrow-mindedness CAS ISM communalism these Villages are actually grappling with this all these kind of problems how these Villages can become the self republics that was one of the major doubt so they did not actually believe this kind of things but there though

They they have did not believe this kind of Village self republics but they have given a consideration by opting this Village Republic and pchat system actually in the directive principles of State policy under the article 40 of the Indian constitution this kept aside this gandhian model apart from that actually

They were looking at the other model is that Soviet Socialist model the Soviet Socialist model is based on the on a monolithic party system and a leevan kind of state will be developed and state will be controlling each and every sphere of the human life and it will be

It can be the a kind of a lean kind of structure and it can enter into the each and every sphere of the human life so in this circum cumstances actually the constituent assembly members at that time they were very much influenced by the Russian Revolution and its

Advancement of the society and its development in socioeconomic conditions of the society at that time the Russia so these are all actually were very much there was a tremendous influence on this constient assembly members and majority of the leaders actually like um nehu even Patel or majority of the members

Are very much influenced by the Russian socialist goals and the Russian social Revolution so under this circumstances also they were looking at the as Russian socialist model as a model actually to the India but this has also got a very a little favorable response from the constient assembly members because this

Monolithic Constitution and with a leon kind of structure actually the state structure which will be actually denying the fundamental rights and freedom that was the fear of the constient assembly members at that time so it will be and not taking care of the individual as a unit and individual uh respect and other

Things individual freedoms were not taking into consideration by such kind of structure so because of that they abandoned the idea of even um having this Russian socialist model also so by rejecting these two models the Russian Soviet Socialist model stating that it is going to be uh a problem for this

Kind of a society a diverse Society it will be not into taking into consideration of the human Liberties and freedoms that was the reason mainly to reject the Soviet Socialist model then at the same time the gandan model also they have kept it aside apart from that actually they have the basic other

Alternative model is that the West West Minister model otherwise we can call it as a broadly we can call it as a European American model so this European American model actually it was getting a favorable response because the India when you look at the Historical development of the Constitution

Constitutional phases at the same time in the from the 18 19 40s before that also actually we can see that 1935 government of India act 1919 government of India act 1999 government of India act these are all actually established a kind of a parliamentary form of government in the

Nation already at the same time majority of the consent ass members were educated in the uh London and they were very much influenced by the left uh this Western liberalism actually this Western liberalism influence on the constient assembly members is very tremendous at the same time we have already trained in

That model by the britishers during the British rule so accordingly we have already established some of the institutions though there may be a limited manner actually that limited manner in we have already trained and we have already established such institutions maybe a parliamentary democracy at the same time a broad

Federal structure apart from that Judiciary and other things actually in the broad uh British model we have already established so in that circumstances actually adopting a West Minister model based on the British parliamentary model actually it is a Natural Choice in front of the contient assembly members so they have adapted

They have adapted the Parliamentary from government and parliamentary democracy to the future of India and which will be taking into consideration that individual liberties freedoms at the same time welfare of the people and everything will be taken care by this parliamentary Democratic model so under these circumstances they have adapted

This parliamentary Democratic process and best liberal uh Democratic methods have very much influenced the people so it is a kind of a natural choice though they have it is a natural choice that they did not take it as it is actually they have made the so many changes as

For the IND Indian conditions they have followed a Midway not neither it is a western Democratic exactly the model at the same time Soviet Socialist model or the gandhian model all the things have the mixed it and the amalgamation of all these ideals best ideals as uh Amalgamated and the Indian constitution

With the Parliamentary Democratic model actually has become a culmination point in that historical juncture these are the things they were looking at the Alternatives absolutely sir so uh majorly we drew from the European American model or West Minister or parliamentary form of model but definitely we had three or multiple

Choices in front of us we primarily dependent on some but we borrowed the important and the useful elements from the others also as Sir described that the gandhian principles or the gandhian uh uh decentralized model was also adopted in the dpsp or the Socialist principles of of the Russian or the

Soviet model were also adopted in the dpsp so likewise we borrowed from different principles majorly uh focusing on the Parliamentary West Minister uh uh sort of principle because that as Sir explained it was a natural choice because of the familiarity with the system now moving on Sir uh can we

Briefly discuss about the philosophical Foundation uh around that time in the minds of the Constitution makers while drafting our constitution what was the philosophy and where exact ly can we see that philosophy in our constitution sir basically as I was discussing in the very beginning itself Indian constitution is not merely a mechanical

Arrangement for the power structure actually the social institutions and all these things so it’s not only a arrangement for the power structures political institutions and division of powers among the organs of the government and other uh institutions these are all very much there in the Indian constitution but at the same time

It is a very very foremost social document at the same time it has tried to set a vision provide a goal to the Future uh of the Indian Nation actually so when we look at this philosophical foundations we have so many a great ideals and ideas we can find it in the

Indian constitution basically to understand the Indian constitution actually we have to understand we have to look at the preamble preamble is the basic uh thing which we can understand through reading the Preamble by understanding the Preamble and pram objectives actually objectives and ideals we can truly understand the basic

Philosophy of the Indian constitution for that actually we have to very keenly look into the Preamble of the Indian constitution and objectives resolution at the same time the constient assembly debates so looking at the contient assembly debates the especially the objective resolution and based on that the pr example has been actually framed

So these three three things will be making a a key uh things to understand the the basic philosophy of the Indian constitution so the philosophy of the Indian constitution we will see in a different and varied Clauses of the Indian constitution we have a very broad con uh and largest constitution in the

World and different different Clauses of the Indian constitution set vision and Direction so when we look at the Preamble of the Indian constitution actually we will see a wide variety of ideals the basic ideals which the Constitution actually stands this Preamble is nothing but a

Kind of a preface uh to preface to the Constitution and which will be actually describing the entire ideas and ideals of the Indian constitution so that’s what actually it was sikri justice sikri has once uh in the Kanda bti has said that to understand the basic philosophy

Of the Constitution we have to depend upon the Preamble of the Indian constitution and the Glorious objectives actually insured in the pr PR of the Indian constitution that was the basic things so when we look at the Indian constitution the pr of the Indian constitution we see in the very first

Part itself the nature of the power we the people that power is actually derived from the people itself people are Supreme and Sovereign in that way at the same time lost parts of the Preamble also says that that this hereby adapt enact and give to our J this

Constitution so that also says this is the one of the important thing which we have to understand that the power is derived from the people people are Supreme and the people will only will be prevailing in this Democratic process then we look at the other parts of the

Preamble actually we will see that nature of the state it is a nature of the state is Sovereign socialist secular Democratic Republic the nature of the state is actually described in the Indian constitution it is a sovereign socialist secular Democratic Republic so it is a Sovereign Nation at the same

Time a democratic principles whereever from top to the bottom top to the bottom actually we have established a democratic institutions at the ground level we have the pchat Raj institutions from the village level then the Block Level taluk levels taluk pchs or mandal panchayats or block pchat we can call it

Then the Jilla pchat will be there then state level at the same time Union level we have everywhere we have a democratic institutions so the democracy and Democratic institutions and Democratic process you know one of the basic principles and foundations of the Indian constitution we can see the things so

That way everywhere with Democratic institutions and Democratic process has been established in the Indian constitution so apart from that we have a kind of it is a republic why because though we have uh entered into a commonwealth actually where the king or queen of the British actually heading

This Commonwealth group but though we we have established L we have we are the member in the common group of Commonwealth but we have rejected the idea of heading giving the headship to the king or queen we have being a republic the Republic means here we have

To understand the head of the state has been elected by the people so here the president of India is elected by the people of people so it means a republic the Republic means the head of the state is elected by the people we accordingly we have our president of India will be

Elected by the people indirectly so we became the Republic despite of being the Republic we have for some reasons for practical reasons for the help at the time this as a nent democracy we require some kind of help from the British so that’s what we have entered into a

Parliament even the common wealth also apart from that we have the Socialist principles as we we have kept it aside the Socialist and secular has been later we have added into the Preamble but these are though it is it was not that initially in the Preamble The idean

Ideas and ideals are very much there in the form of the Socialist principles in the directive principles of State policy and other parts of the Indian constitution so the State nature of state has been described by the uh thing Democratic Socialist secular and Republic is one of the thing and apart

From that we have the Justice Liberty equality and fraternity so these are also a different kinds of uh things the principles we look at the Justice the social economic and political the these are the threefold uh principles the Justice here the economic Justice at the same time social justice at the same

Time political justice so this Justice is one of the important social justice is one of the important principle and important philosophy in the Indian constitution like the fundamental rights in part three of the Indian constitution deals with the many of the individual rights like the Justice in terms of the

Individual as a unit we can see the other this economic and even the political Justice also we have given each individual a voting right so accordingly the political Justice and um individual liberties and everything is taken care by the fundamental rights under part three of the Indian constitution then the Justice actually

Social justice principles we will see in the directive principles of the state policy under part four of the Indian constitution so part four of the Indian constitution directly and clearly deals with the the Justice principles social justice principles of society it varied classes varied articles is mean to

Establish a just egalitarian state a democratic state which means the equality will be really prevailing for that purpose article 38 39 and other all other articles will be dealing for many many things so accordingly we have so many social legislations like land sealing we have the things reservations we have brought

In at the same time Monopoly restrictions we have brought in many many social very very Advanced social legislations we have started uh bringing up after Constitution came into existence uh came into force in 1950 itself so Constitution is aimed at establishing the Justice Liberty and equality so equality means actually

Equality in um in many ways actually the equality at the same freedom of thought expression also we have taken into care uh in the form of fundamental rights by giving article Article 19 it will be ensuring this Liberty of thought freedom and expression then right to life

Article 20 and 21 will be estblished so this is the way actually different things and fraternity also not it is a limited to the fraternity of the Indian citizens it will be the entire Universal Brotherhood actually here that’s what the article 51 of the Indian constitution deals with that the

Actually uh with the universal Brotherhood and Universal Brotherhood at the same time settling the issues or disputes very peaceful manner so these are the basic things I think we have running after uh time so we can wind up with your conclusion yes sir yes sir definitely sir so uh Preamble primarily

Reflects the philosophy the philosophical foundation of the Constitution uh now overall in this session we discussed what were the major uh challenges or tasks at hand for our constitution makers when we were starting for the newly independent state and that we tack in terms of establishing a political revolution and

As Gran V atin says the social Revolution those were the major tasks at hand and I think we have done a decent job in after so many years when in the context of post Colonial Nations primarily when we we are seeing coup we are seeing military takeovers or constitutions being written multiple

Times our constitution stand sturdy and that is primarily because we keep uh we keep our document fluid and open uh to interpretation as per for the time so uh on that note we would like to conclude this session and uh I hope it is helpful to our Learners thank you sir for uh

Guiding this session with us thank you thank You

source

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