The structural part of the Constitution of India is to a large extent derived from the Government of India Act, 1935, whereas its philosophical part has many other sources. Discuss the sources of the philosophical part.
The Constitution of India is a monumental document, a blend of indigenous wisdom and borrowed features from various global constitutions. While its structural framework, including federalism, emergency provisions, and the administrative details, largely draws from the Government of India Act, 1935, its philosophical core is a rich tapestry woven from diverse international and indigenous sources. This philosophical part embodies the ideals, values, and aspirations that guide the nation, primarily enshrined in the Preamble, Fundamental Rights, and Directive Principles of State Policy (DPSP).
Key sources for the philosophical part include:
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American Constitution (USA): The most significant influence on India's philosophical framework comes from the US Constitution, particularly its 'Bill of Rights'. This inspired India's Fundamental Rights (Part III), guaranteeing civil liberties and protecting citizens from state overreach. Concepts like Judicial Review and the Independence of the Judiciary also find their roots here, ensuring that the judiciary can interpret the constitution and strike down unconstitutional laws.
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Irish Constitution: The Directive Principles of State Policy (DPSP) (Part IV) are directly borrowed from the Constitution of Ireland. These principles are non-justiciable but fundamental in the governance of the country, guiding the state in making laws for social and economic justice, welfare, and environmental protection.
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French Revolution: The ideals of Liberty, Equality, and Fraternity, which are prominently featured in the Preamble of the Indian Constitution, were inspired by the French Revolution (1789-1799). These values form the bedrock of India's democratic and republican character.
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Russian Revolution (erstwhile USSR): The ideal of Justice – social, economic, and political – as articulated in the Preamble, was influenced by the Russian Revolution. This emphasizes the state's commitment to ensuring equitable distribution of resources and opportunities, and political participation for all.
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Objectives Resolution (1946): Moved by Jawaharlal Nehru in the Constituent Assembly, this resolution laid down the fundamental propositions and philosophy that would guide the Constitution-making process. It articulated the vision of an independent, sovereign, socialist, secular, and democratic republic, ensuring justice, equality, and freedom for all citizens.
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Indian Nationalist Movement and Gandhian Philosophy: The long struggle for independence deeply shaped the philosophical underpinnings. Ideals of social justice, non-discrimination, secularism, and democratic governance emerged from this movement. Mahatma Gandhi's philosophy, particularly his emphasis on village self-governance (Panchayati Raj), prohibition, and promotion of cottage industries, significantly influenced certain Directive Principles of State Policy.
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Buddhist and Jain Philosophies: While not explicitly cited, the underlying principles of non-violence, peace, and social harmony inherent in ancient Indian philosophies like Buddhism and Jainism resonate with the Constitution's emphasis on peaceful coexistence and human dignity.
In essence, the philosophical part of the Indian Constitution is not merely a collection of borrowed ideas but a carefully curated synthesis that reflects India's unique historical experience, its aspirations for a just and equitable society, and its commitment to democratic values, drawing inspiration from both global democratic traditions and its own rich cultural and political heritage.