Q. The dynamism of Indian Constitution is a gift of its underlying philosophy. Comment.
A. The Indian Constitution derives its philosophical basis from its civilisational past, colonial experience as well as concepts of Western ideology like liberty, justice, equality that it strives to achieve. This philosophical vision was adequately and concisely reflected in the Objectives Resolution put forth by Jawaharlal Nehru.
As put forth by Granville Austin, the philosophy of the Indian Constitution embodi strands, that is-
• Protecting and enhancing national unity integrity;
• Establishing the institutions and spirit of democracy; and
• Fostering a social revolution to better the lot of the mass of Indians.
The Indian Constitution thus, is not just a document to cater to the needs of present polity but to envision a thriving future for generations to come.
The Indian Constitution is based on the philosophy of evolving a just and egalitarian society free from fear and bias based on promoting individual freedom in shaping the government of their choice. The whole foundation of constitutional democracy is building a system of governance in systematic machinery functioning automatically according to the regimes encoded within the supreme law of the land, free from arbitrariness.
It is to cater to these philosophical tenets, that the Constitution has undergone significant changes through amendments such as the 1st , 9th, 42nd, 44th, 73rd, 74th, 86th etc, incorporating features that try to bring to life this dynamism. Furthermore, the same is reflected in the Preamble that provides a guiding light to an activist judiciary as it further expands the horizons of Indian Constitution through PILs and activism.
The DPSPs as aspirations of a developing society, complementing Fundamental Rights of the citizens are another aspect of dynamism reflected in the philosophy of the Indian Constitution. This philosophy of constant evolution was built into the Constitution by its makers who sought to balance the rigidity and flexibility of the Constitution through its amending procedure as per article 368.
The Indian Constitution is thus a breathing document, constantly evolving to further the cause of the philosophy and goals that Constitution makers endowed the document with. Yet, moving forward, the idea of ‘basic structure’ enumerates certain core principles that make the vision of Constitution possible.