constitutional values essay

constitutional Values and their Significance

Through these deep and insightful words, Dr BR Ambedkar, the pioneer of nation-building, portrays the real value and significance the Constitution carries for our land. It is the structure on which a nation stands and grows. It is the framework which binds together the people and the government.

“Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.”                                                                                                                            -BR Ambedkar.

Through these deep and insightful words, Dr BR Ambedkar, the pioneer of nation-building, portrays the real value and significance the Constitution carries for our land. It is the structure on which a nation stands and grows. It is the framework which binds together the people and the government. ‘People’ is kept as the core of the Indian Constitution, as the Preamble itself starts with “WE THE PEOPLE OF INDIA.” There are certain values enshrined in our Constitution which make it really unique. Today, after completing 75 years of Independence, India stands as a prominent and potential superpower of the world, ranking among the top economies and is known as the largest democracy in the world. But how far are we successful in actually realizing and respecting those “values” today? So, in this blog, we will discuss and analyze “Constitutional Values” and their significance concerning India.

UNDERSTANDING CONSTITUTIONAL VALUES

The momentous “Objectives Resolution” was introduced to the Constituent Assembly by Jawaharlal Nehru on December 13th, 1946. In his speech that day, he said “We are not going just to copy. The system of government established in India had to fit in with the temper of our people and be acceptable to them.” Such was the vision behind the formation of ‘The supreme body of law.” Our Constitution embodies and enshrines more than merely a simple set of essential laws that serve as the bedrock of our nation’s governance. It encapsulates certain fundamental values, principles, and goals that were very precious to our founding fathers. But what does ‘value’ basically mean? A layman’s definition of value is that which is “very essential and worth having ” for the sustainability of human civilization as a whole.

The preamble is a key to opening and exploring the essence of our Constitution and expresses values such as sovereignty, socialism, secularism, democracy, republican character, justice, liberty, equality, fraternity, human dignity and the unity and integrity of the Nation , some of which are addressed below concerning today’s scenario.

SOVEREIGNTY

By calling India a “sovereign,” The Preamble enunciates total political freedom. Our country is the sole governor of its internal matters. A country cannot be called free if it is not able to determine and take decisions without any external interference. Sovereignty is an incredibly significant value for the state.

Although perceived as an absolute term, sovereignty is subject to evolvement from the concept of complete freedom to limitations put on states by international laws and concepts developed with time. Factors such as globalism, interdependence and co-operation between nation-states, the United Nations, international criminal jurisdiction, rules of warfare and weaponry, human rights, democracy, and minority groups can be ascribed to this change. Talking about affairs concerning sovereignty in the contemporary world, the ongoing Russia-Ukraine war can be mentioned. UN Secretary-General said that Russia is in ‘violation of Ukraine’s territorial integrity and sovereignty .’ Meanwhile, China, which iterated that ‘sovereignty’ is its dream, appears disrespectful on many occasions. From Hong Kong and Taiwan to the East and South China Seas—and the rugged Himalayan border with India, China has always put instances of its scornful approach towards sovereignty. To ensure that the sovereignty of the nation is upheld in a true sense at all levels of society, every country needs to further strengthen its standards across sectors matching the global practices.

India has been a place inherent to social and economical inequalities. Thus, to consolidate her place as a nation where socialism prevails, the term ‘socialist’ was added to the Preamble by the 42 nd amendment in the year 1976 with the purview of abolishing social and economic differences thus taking India forward on the path of social advancement establishing economic equality among people. India has a mixed economy, neither completely socialist nor economical. A political and economic system based on public ownership and production is socialist. It was very much prevalent during the 50s and 60s. Capitalism is an economic system in which private individuals or businesses own capital goods. Here private companies are in the driving seat as they run and control the market by competing with each other. India is a country where most people depend on government programmes, schemes, and jobs for their livelihood. If the private sector takes control of the economy, it would surely result in the deprivation of facilities for the underprivileged ones as they will not be able to afford them. Recent years have witnessed a surge in privatization and capitalization, citing the ford of more efficiency and productivity.

Secularism is one of the most important values that our Constitution enshrines. We proudly say that almost every religion found in the world is practised in India.. Although the word ‘secular’ too was inserted in the Constitution by the 42 nd Amendment enacted in 1976, the SC in the 1994 case S.R. Bommai vs. The Union of India established that India was a secular nation since the formation of the republic. Today, ‘secularism’ is a hot topic in India. Political parties are trying to fill up their vote banks by instigating religious sentiments and naming it ‘nationalism.’ hat secularism counts for is to bring India together on a developed and non-religious front, so that we unite and focus on having a brighter and peaceful future together. It will be even more pleasing to hear that India is the most ‘secular and peaceful country.’

Enshrined in the Preamble of the Constitution, Liberty lies at the heart of not only the constitution but also the lives of the people. Article 21 quotes that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thereby, Article 21 assures two rights- Right to life and Right to personal liberty.  From independence to date, our nation has come a long way in terms of liberty. From unshackling oneself from British rule to actively participating in matters of national importance, the definition of liberty has evolved. Triple Talaq, Farm Laws, CAA, NRC, the revocation of Article 370, and so on, Indians have actively voiced their opinions in favour & against the laws. Some of these rulings have been watershed moments in Indian history because they had a direct say on the identities of the citizens. While sometimes, the minds of the public prevailed, other times the government forsaken the liberty rights of the citizens and went on with what some people called fascist verdicts. A total of 548 persons have been arrested between 2015 and 2020, according to the National Crime Records Bureau (NCRB). And surprisingly, just 7 could be arrested on sedition charges. People who get arrested are mainly writers, poets, activists, leaders of the opposition, and even comedians. The number keeps on rising, especially when there is a new civil or criminal ruling. The bigger question is not whether it is under threat or not but what liberty means to us, the liberty that we have earned in all these years.

The Constitution of India provides for the provisions of equality from Articles 14-18. It is one of the six fundamental rights cited in Part III of the Constitution.  From the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth to the equality of opportunities in public employment, this right is the lifeline of all the citizens of the country. The right to equality is a principal element in a democratic setup. But equality alone is a hollow vessel. It exists only when it stands on social, economical, political, and educational grounds. Our nation has done a tremendous job in eliminating the social inequalities that existed before independence. But what about economic equality? The nation that our forefathers dreamed of was based on an ideal socialistic model. Today, India seems to be strutting towards capitalism. In India where the per capita income might be one of the highest in the continent, where the economy might be functioning in top gear; yet the stark differences between the rich & the poor. Quality education that is said to be not a privilege but a basic right is turning out to be one of those elements belonging to the hegemony of the privileged. Our country boasts of one of the youngest populations and sadly, it is also one of those countries that churn out the most inefficient graduates.

 As per Dr B.R. Ambedkar, Fraternity can be defined as “a sense of common brotherhood and sisterhood among all Indians”. He said that liberty & equality will not hold any value if the element of fraternity is missing. The Constitution of India ensures the spirit of fraternity by providing for single citizenship for the citizens. It is supposed to be the roots of the nation’s dignity & oneness.  Even though our nation got partitioned on religious grounds at the culmination of the war of independence, one cannot escape the fact that we for this independence as one.  But today, it is so unfortunate to find the country separated on the lines of religion, caste & even language. The diversity that has always been a matter of honour for us, is now becoming a reason for discord. It is crucial to binding the country in the fibres of the fraternity until it is too late.

Author(s) Name: Rtwij Ranjan (Savitribai Phule Pune University, Pune)

Constitutional Values of India

Constitution means a set of fundamental principles, basic rules and established precedents (standards or instances). It identifies, defines and regulates various aspects of the State and the structure, powers and functions of the major institutions under the three organs of the Government - the executive, the legislature and the judiciary. It also provides for rights and freedoms of citizens and spells out the relationships between individual citizen and the State and government.

A Constitution may be written or unwritten, but it contains fundamental laws of the land. It is the supreme and ultimate authority. Any decision or action which is not in accordance with it will be unconstitutional and unlawful.

A Constitution also lays down limits on the power of the government to avoid abuse of authority. Moreover, it is not a static but a living document, because it needs to be amended as and when required to keep it updated. Its flexibility enables it to change according to changing aspirations of the people, the needs of the time and the changes taking place in society.

The Indian Constitution

Indian Constitution is the longest of all the written constitutions . It was prepared by a representative body, known as the Constituent Assembly . Most of its members were deeply involved in the freedom struggle. They are respectfully called the founding fathers of the Constitution. The process of constitution-making was greatly influenced by the following factors:

• Aspirations generated during the long drawn freedom struggle
• The constitutional and political changes that took place during the British rule
• The ideas and thoughts of Mahatma Gandhi, popularly known as Gandhism
• The socio-cultural ethos of the country 
• The experiences of the functioning of Constitutions in other democratic countries of the world

The Constitution came into effect on 26 January, 1950 and since then this day is celebrated as the  Republic Day every year.

The Constituent Assembly began to prepare the Constitution on 9 December, 1946. Dr. Rajendra Prasad was elected as its President on 11 December, 1946.  Dr. Baba Saheb Bhimrao Ambedkar was the Chairman of the Drafting Committee. The Constituent Assembly met for 166 days, spread over a period of 2 years, 11 months and 18 days. The making of the Constitution was completed on 26 November, 1949 when the Constituent Assembly adopted the Draft Constitution of India.

The Constitution of India defines all aspects of the Indian political system including its basic objectives. It has provisions regarding

• The territories that India will comprise
• Citizenship
• Fundamental rights
• Directive principles of state policy and fundamental duties
• The structure and functioning of governments at union, state and local levels
• Several other aspects of the political system

It defines India as a sovereign, democratic, socialist and secular republic . It has provisions for bringing about social change and defining the relationship between individual citizen and the state.

Constitutional Values

The Constitution of any country serves several purposes. It lays down certain ideals that form the basis of the kind of country that citizens aspire to live in. A country is usually made up of different communities of people who share certain beliefs, but may not necessarily agree on all issues. A Constitution helps serve as a set of principles, rules and procedures on which there is a consensus. These form the basis according to which the people want the country to be governed and the society to move on.

This includes not only an agreement on the type of government but also on certain ideals that the country should uphold. The Indian Constitution has certain  core constitutional values that constitute its spirit and are expressed in various articles and provisions. A value is that which is very essential or worth having and observing for the existence of human society as an entity. The Indian Constitution contains all such values, the values that are the universal, human and democratic of the modern age.

The constitutional values are reflected in the entire Constitution of India, but its Preamble embodies ‘the fundamental values and the philosophy on which the Constitution is based’. The Preamble to any Constitution is a brief introductory statement that conveys the guiding principles of the document.

The Preamble to the Indian Constitution also does so. The values expressed in the Preamble are expressed as objectives of the Constitution. These are: sovereignty, socialism, secularism, democracy, republican character of Indian State, justice, liberty, equality, fraternity, human dignity and the unity and integrity of the Nation.

1. Sovereignty

The Preamble declares India "a sovereign socialist secular democratic republic". Being sovereign means having complete political freedom and being the supreme authority . It implies that India is internally all powerful and externally free. It is free to determine for itself without any external interference (either by any country or individual) and nobody is there within to challenge its authority.

This feature of sovereignty gives the dignity of existence as a nation in the international community . Though the Constitution does not specify where the sovereign authority lies but a mention of ‘We the People of India’ in the Preamble clearly indicates that sovereignty rests with the people of India. This means that the constitutional authorities and organs of government derive their power only from the people.

2. Socialism

The social and economic inequalities have been inherent in the Indian traditional society. Which is why, socialism has been made a constitutional value aimed at promoting social change and transformation to end all forms of inequalities. Indian Constitution directs the governments and the people to ensure a planned and coordinated social development in all fields.

It directs to prevent concentration of wealth and power in a few hands . The Constitution has specific provisions that deal with inequalities in the Chapters on Fundamental Rights and Directive Principles of State Policy.

3. Secularism

India is a home to almost all major religions in the world. Secularism implies that the country is not guided by any one religion or any religious considerations. However, the Indian state is not against religions. It allows all its citizens to profess, preach and practise any religion they follow. At the same time, it ensures that the state does not have any religion of its own. Constitution strictly prohibits any discrimination on the ground of religion.

4. Democracy

The Preamble reflects democracy as a value. As a form of government it derives its authority from the will of the people. The people elect the rulers of the country and the elected representatives remain accountable to the people. The people of India elect them to be part of the government at different levels by a system of universal adult franchise, popularly known as ‘one man one vote’.

Democracy contributes to stability, continuous progress in the society and it secures peaceful political change. It allows dissent and encourages tolerance. And more importantly, it is based on the principles of rule of law, inalienable rights of citizens, independence of judiciary, free and fair elections and freedom of the press.

5. Republic

India is not only a democratic nation but it is also a republic. The most important symbol of being a republic is the office of the Head of the State, i.e. the President who is elected and who is not selected on the basis of heredity, as is found in a system with monarchy. This value strengthens and substantiates democracy where every citizen of India is equally eligible to be elected as the Head of the State. Political equality is the chief message of this provision.

Living in a democratic system alone does not ensure justice to citizens in all its totality. There are a number of cases where not only the social and economic justice but also the political justice is denied. Which is why, the constitution-makers have included social, economic and political justice as constitutional values.

By doing so, they have stressed that the political freedom granted to Indian citizens has to be instrumental in the creation of a new social order, based on socio-economic justice. Justice must be availed to every citizen. This ideal of a just and egalitarian society remains as one of the foremost values of the Indian Constitution.

The Preamble prescribes liberty of thought, expression, belief, faith and worship as one of the core values. These have to be assured to every member of all the communities. It has been done so, because the ideals of democracy can not be attained without the presence of certain minimal rights which are essential for a free and civilised existence of individuals.

8. Equality

Equality is as significant constitutional value as any other. The Constitution ensures equality of status and opportunity to every citizen for the development of the best in him or her. As a human being everybody has a dignified self and to ensure its full enjoyment, inequality in any form present in our country and society has been prohibited. Equality reflected specifically in the Preamble is therefore held as an important value.

9. Fraternity

There is also a commitment made in the Preamble to promote the value of fraternity that stands for the spirit of common brotherhood among all the people of India . In the absence of fraternity, a plural society like India stands divided. Therefore, to give meaning to all the ideals like justice, liberty and equality, the Preamble lays great emphasis on fraternity.

Fraternity can be realised not only by abolishing untouchability among different sects of the community, but also by abolishing all communal or sectarian or even local discriminatory feelings which stand in the way of unity of India.

10. Dignity of the individual

Promotion of fraternity is essential to realise the dignity of the individual. It is essential to secure the dignity of every individual without which democracy can not function. It ensures equal participation of every individual in all the processes of democratic governance.

11. Unity and Integrity of the Nation

Fraternity also promotes one of the critical values, i.e. unity and integrity of the nation. To maintain the independence of the country intact, the unity and integrity of the nation is very essential. Therefore, the stress has been given on fostering unity among all the inhabitants of the country. The Constitution expects from all the citizens of India to uphold and protect the unity and integrity of India as a matter of duty.

12. International Peace and a Just International Order

The value of international peace and a just international order, though not included in the Preamble is reflected in other provisions of the Constitution. The Indian Constitution directs the state (a) to promote international peace and security, (b) maintain just and honourable relations between nations, (c) foster respect for international law and treaty obligations, and (d) encourage settlement of international disputes by arbitration.

To uphold and observe these values is in the interest of India. The peace and just international order will definitely contribute to the development of India.

13. Fundamental Duties

The Constitution prescribes some duties to be performed by the citizens. It is true that these duties are not enforceable in the court of law like the fundamental rights are, but these duties are to be performed by citizens. Fundamental duties have still greater importance because these reflect certain basic values like patriotism, nationalism, humanism, environmentalism, harmonious living, gender equality, scientific temper and inquiry, and individual and collective excellence.

Essay on Constitution of India

500+ words indian constitution essay for students and children in english.

A Constitution is a set of rules and regulations guiding the administration of a country. The Constitution is the backbone of every democratic and secular fabric of the nation. The Constitution of India is the longest Constitution in the world, which describes the framework for political principles, procedures and powers of the government. The Constitution of India was written on 26 November 1949 and came into force on 26 January 1950. In this essay on the Constitution of India, students will get to know the salient features of India’s Constitution and how it was formed.

Constitution of India Essay

On 26th January 1950, the Constitution of India came into effect. That’s why 26th January is celebrated as Republic Day in India.

How Was the Constitution of India Formed?

The representatives of the Indian people framed the Indian Constitution after a long period of debates and discussions. It is the most detailed Constitution in the world. No other Constitution has gone into such minute details as the Indian Constitution.

The Constitution of India was framed by a Constituent Assembly which was established in 1946. Dr Rajendra Prasad was elected President of the Constituent Assembly. A Drafting Committee was appointed to draft the Constitution and Dr B.R. Ambedkar was appointed as the Chairman. The making of the Constitution took a total of 166 days, which was spread over a period of 2 years, 11 months and 18 days. Some of the salient features of the British, Irish, Swiss, French, Canadian and American Constitutions were incorporated while designing the Indian Constitution.

Also Read: Evolution and Framing of the Constitution

Features of The Constitution of India

The Constitution of India begins with a Preamble which contains the basic ideals and principles of the Constitution. It lays down the objectives of the Constitution.

The Longest Constitution in the world

The Indian Constitution is the lengthiest Constitution in the world. It had 395 articles in 22 parts and 8 schedules at the time of commencement. Now it has 448 articles in 25 parts and 12 schedules. There are 104 amendments (took place on 25th January 2020 to extend the reservation of seats for SCs and STs in the Lok Sabha and state assemblies) that have been made in the Indian Constitution so far.

How Rigid and Flexible is the Indian Constitution?

One of the unique features of our Constitution is that it is not as rigid as the American Constitution or as flexible as the British Constitution. It means it is partly rigid and partly flexible. Owing to this, it can easily change and grow with the change of times.

The Preamble

The Preamble has been added later to the Constitution of India. The original Constitution does not have a preamble. The preamble states that India is a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, and equality for all citizens and promote fraternity to maintain the unity and integrity of the nation.

Federal System with Unitary Features

The powers of the government are divided between the central government and the state governments. The Constitution divides the powers of three state organs, i.e., executive, judiciary and legislature. Hence, the Indian Constitution supports a federal system. It includes many unitary features such as a strong central power, emergency provisions, appointment of Governors by the President, etc.

Fundamental rights and fundamental duties

The Indian Constitution provides an elaborate list of Fundamental Rights to the citizens of India. The Constitution also provides a list of 11 duties of the citizens, known as the Fundamental Duties. Some of these duties include respect for the national flag and national anthem, integrity and unity of the country and safeguarding of public property.

Also Read: Difference between Fundamental Rights and Fundamental Duties

India is a republic which means that a dictator or monarch does not rule the country. The government is of the people, by the people and for the people. Citizens nominate and elect its head after every five years.

Related Read: Constitution of India – 13 Major Features

The Constitution serves as guidelines for every citizen. It helped India to attain the status of a Republic in the world. Once Atal Bihari Vajpayee said that “governments would come and go, political parties would be formed and dissolved, but the country should survive, and democracy should remain there forever”.

We hope that this essay on the “Constitution of India” must have helped students. For the latest updates on ICSE/CBSE/State Board/Competitive Exams, stay tuned to BYJU’S. Also, download the BYJU’S App for watching interesting study videos.

Also Read: Independence Day Essay | Republic Day Essay | Essay on Women Empowerment

Frequently Asked Questions on Constitution of India Essay

Who is the father of our indian constitution.

Dr. B. R. Ambedkar is the father of our Indian Constitution. He framed and drafted our Constitution.

Who signed the Indian Constitution?

Dr. Rajendra Prasad was the first person from the Constitution Assembly to have signed the Indian Constitution.

What is mentioned in the Preamble of our Indian Constitution?

The preamble clearly communicates the purpose and emphasis the importance of the objectives of the Indian Constitution.

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Constitutional Values as the Normalisation of Societal Power: From a Moral Transvaluation to a Systemic Self-Valuation

• Open access
• Published: 06 November 2019
• Volume 11 , pages 451–459, ( 2019 )

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In this article, I argue that values are fluid societal expectations which cannot be used as normative foundations of modern society. Despite their transcendental validity claims, they operate as immanent tools of the normalisation of societal power and contribute to the transformation of potentia of societal forces to the constitutional auctoritas . I subsequently argue that a sociology of constitutional values must address the distinction between moral values in law and law as a moral value. Constitutional processes of the transvaluation of values are complex forms of societal expectations in which understanding, consensus and conformity must be taken into account as much as confusion, dissent and deviance. I conclude by claiming that constitutional valuations and transvaluations need to be explained as part of the legal and political self-referentiality unlimited by nation-states and stretching into contemporary supranational and transnational regimes of law and their internal value productions.

Avoid common mistakes on your manuscript.

The first time that I met Martin Krygier was at a conference at the Central European University in Budapest in the 1990s. At that time, Central Europe was full of liberal and democratic hopes associated with the rule of law transformations in which Martin was one of the leading world scholars. The Visegrád group was the name given to young aspiring democracies joining forces to become members of the newly founded European Union and we, young academics from the region, wanted to be part of this process and its forces. And, indeed, the university in Budapest was still unthreatened by authoritarian government and was not forced to move its activities to Vienna. One is almost tempted to nostalgically think that those were the best times of post-communist societies in Central Europe then investing so much effort and energy in constitution-making and democracy-building and inviting the most distinguished minds to be part of this process without being labelled as agents of some dark powers threatening local traditions and identities.

For me, meeting Martin was certainly one of the best things that happened in my academic and personal life. I was immediately taken by his irony and intelligence which always shone in his eyes. One could immediately tell that this was not one of those ‘experts’ presenting superficial knowledge but a typical Central European intellectual whose thinking is his life. When, many years later, I was invited by Martin to a book launch in the Bondi Pavilion in Sydney, I could see how he managed to keep this Central European style of thinking and cultural tradition in his Australian homeland and how much he was loved and respected for that by everyone in the crowd gathering that evening.

Martin has a rare capacity of clear and original writing in different registers from cultivated and entertaining essays to the most advanced academic studies. Whenever he writes or speaks, I carefully read or attentively listen already knowing that my own ways of thinking and views will be profoundly affected by his thoughts and arguments. Whenever we meet and discuss matters of the rule of law, social values or constitutionalism and democracy, I admire his ability to express serious ideas in a light and enlightening spirit. The following text is inspired by these discussions and encounters for which I am grateful to my dear friend Martin Krygier.

1 Introductory Remarks

In modern society, lawyers in general and constitutionalists in particular often take on the role of theologians and prescribe the moral and societal unity of values and principles despite the fact that their operations are constrained by the functionally differentiated system of positive law. Legal theorists appropriate this role by turning theoretical knowledge into a legitimation tool of the positive law system. They want to believe that their theoretical transvaluation of legal and political values will lead to practical policy changes in the system of positive law.

Modern society is functionally differentiated, systemically pluralistic and polyvalent because each social system produces its own values. These values are internally constituted by different systems, yet they also claim an external application and objective validity and expand into other social systems.

In the context of positive law, it is then considered a specific task of legal theory and jurisprudence to facilitate arguments and reasoning for the specific legal enforcement of allegedly general moral values. A sociology of constitutionalism, therefore, has to theoretically explain and contextualise this legal transvaluation of moral values in contemporary constitutional law within and beyond the nation state.

2 From Societal Foundations to Systemic Fluidity

While the transvaluation of values and their change can be evaluated and referred to as good or bad in themselves, there is a more general problem with values as societal foundations and guardians of cultural integration which needs to be addressed at the beginning of this brief analysis of constitutional values. It is closely related to the modernisation of society and was already described by Emile Durkheim as anomie —a loss of values and meaningful existence which can only be described as bad and considered to be a symptom of the crisis of modern society and humanity.

Anomie is the negative absolute because it is always bad and cannot be contextually evaluated as good or bad for society and individuals. Durkheim’s warning against the damaging consequences of modern anomie are matched by the Marxist revolutionary promises to save humanity from its alienation in capitalist society or conservative lamentations of the cultural crisis echoing Oswald Spengler’s ‘decline of the West’. Durkheim’s theory of modernity as the permanent crisis of values and meaning thus represents a sociological response to the evergreen theme of the crisis of European civilisation addressed by so many philosophers, political leaders, moralists and ideologues of all kinds and colours.

Learning from Durkheim’s theory of anomie and other sociological and moralist critiques of the decline and absence of values, it is then possible to state that moral principles and values are expected to operate as society’s foundations and reservoirs of meaningful social existence. However, the very process of their transvaluation turns them into fluid expectations of what is considered socially valuable and can be challenged by individuals and groups but only with great societal risks of being labelled as bad people or communities.

Values are expected to embed society in the order of good and thus guarantee and justify their meaningful existence. Nevertheless, every value, rather than operating as a solid fundament of societal institutions and their ultimate point of reference, is an outcome of societal evolution. Society thus permanently and immanently constitutes its values which, paradoxically, are expected to be its transcendental foundations.

Societal values, including those operating in the system of positive law, borrow the distinction between good and bad from the system of religion. In the same way, values also draw on the religious distinction between transcendence and immanence and thus respond to the specific call for the meaningful existence of the universe and human life. They paradoxically promise universal validity in specific social conditions and thus stabilise functionally differentiated society through its imaginary of moral unity.

Modern society cannot exist without values and their imaginaries, yet these cannot guarantee its existence and evolution. Values make sense, not foundations. Society cannot be organised in the Parsonsian theoretical imagination as a culturally integrated system of values because it is typical of both the abundance and absence of moral values and ethics which are invoked every time there is a problem of social steering in different systems, such as ‘business ethics’, ‘corporate social responsibility’, ‘environmental ethics’, ‘bioethics’, etc.

Furthermore, values are expected to deal with societal risks, yet they also bring new risks, conflicts, and moral panic. They therefore cannot function as invariant structures of system maintenance. Instead of culturally stabilising the social system, they are contingently constituted as part of the system’s evolution.

3 Societal Power of Normalisation: On Potentia in Values and Their Legal Constitutionalisations

Values are rooted in a metaphysical search for the meaning of our existence and position in the world. Their justification, therefore, is not a matter of mere morality. Their genealogy is impossible to exclusively explain in terms of validity and restrictive normativity. They are productive and demonstrate the potentia of human activity and societal evolution.

Values are tools of the normalisation of societal power. While societal norms restrict the possibilities of social action, values increase it as experiences of ‘certainty independent of cognitive arguments’ (Jonas 2000 ). Footnote 1 Instead of defining constitutive moral duties, values establish different degrees of the desirability and meaning of human action between good and bad. The highest goal of modern individuation, therefore, is possible to harmonise with a social utopia of valuable social existence.

Values are pervasive in all social systems despite their lack of institutional formalisation, enforcement and self-reference through official authorisation. Judges and other legal officials claim to be their guardians as much as guardians of legality, yet the question of the origins and genealogy of values can hardly be answered by their legal authority. A belief that values should be justified and publicly discussed and legitimised in society does not mean that this society actually constitutes its values through justification and deliberation.

In the specific context of constitutional law and theory, foundational values are codified by legal constitutions and even receive full doctrinal support, yet which general values are going to be enforced as constitutive and legally binding depends on specific court judgements, executive decisions and legislative acts. The theoretical conflict between originalists and organicists (Ackermann 2007 ) is obviously not just a conflict of values or another example of the paradigmatic tension between formalist and realist jurisprudence (Tamanaha 2010 ). Footnote 2 It covers the most general issues of the legal method of the interpretation and application of norms (Kennedy 1998 ). Nevertheless, it also shows the paradoxical legal operationalisation of values as prescriptive constitutional foundations despite their factual societal fluidity and contingency.

Constitutional originalists insist that constituent values and meaning had been formulated at the moment of constitution-making and the law’s principal job is to preserve them despite knowing that any such retrospective interpretations are just a matter of speculation about the original understanding of the text by its authors and members of the respective constitutional polity at the time of its making.

Against this view, advocates of constitutional activism adopt the sociological concept of ‘the living constitution’ (Ackermann 2007 ) Footnote 3 to argue that the constitution’s text has to be interpreted in the context of the present times, values, meanings and intentions. The living present establishes what is constitutionally viable and valuable while the past is declared the dead-letter law. Activists thus enforce absolute constitutional values and normative frameworks despite accepting the relativist view that future generations of lawyers, judges and citizens can invalidate them if different values and principles start evolving and prevailing in the living constitution.

The genealogy of values escapes the constraints of legal and political communication and cannot be left to either judges or politicians pretending to act as a moral compass of society as a whole. The valuing subject has to recognise the social fact that the genealogy of values is a matter of historical and societal contingency. Furthermore, there is no escape from the self-referential question of the value of the valuation of societal facts, and the distinction between their good and bad nature, and the transvaluation of values itself.

4 The Negative Value of the Rule of Law and Constitutional Authority

Understanding the process of the transvaluation of constitutional values as the normalisation of societal power requires a basic distinction to be made between external values legitimising legality and a specific societal value of legality and the rule of law itself. While general values, such as human dignity, equality, decency and public safety, operate as substantive tools of the legitimation of law, legality itself represents a specific version of both the valuable public and private life which, apart from procedural and technical values of impartiality, generality, predictability and clarity, involves the force of neutralising moral conflicts and their explosive potential. Any sociological dealing with constitutional values must therefore address the distinction between moral values in law and law as a moral value.

While criticising metaphysical notions of the rule of law as a societal immanent vehicle of the transcendental ideal of justice, legal positivists typically argue that the rule of law’s value is primarily negative because it consists of the capacity to avoid the risk of arbitrary power. For instance, Joseph Raz states that the rule of law is not a carrier of good and can only avoid evil including in the form of law’s societal expansion which involves the paradoxical risk of arbitrariness in legal norms themselves (Raz 2009 ). Footnote 4

This negative value of the rule of law as a technique of the self-containment and self-restraint of law in society has its specific operationalization in the subsystem of constitutional law. Legal constitutions typically maximise the social efficiency of positive law and politics by separating them from each other as well as from their societal environment, such as the economy, science, religion and morality. Achieving this goal requires separating the legal constitution from appeals to higher transcendental principles and their replacement by the procedures self-validation and self-foundation.

This paradox of the self-validation of ‘law as law through law’ Footnote 5 constitutes authority ( auctoritas ) referring to the legal and political systems, yet it is impossible to extend beyond the limitations of these systems. Constitutional authority can hardly prescribe the conditions of the scientific truth or aesthetic beauty unless the legal constitution refers to utopian or dystopian societies.

Constitutional authority, therefore, is not the ultimate social self which could be constituted by society itself and guarantee its political sovereignty. In constitutional democratic societies, the sovereign people constituted by the sovereign legal document is always already de-substantialised and diluted into legislated competences and the limitations of power and decision-making procedures of different constitutional bodies.

The collective self is a matter of legal and political systemic self-description and self-reference and cannot be identified as the supreme leader and subject of the totality of social life. Law provides politics with legitimacy and receives enforcement in this constitutional exchange of communication. Law’s authority thus depends on its dual capacity as politics’ rational modus significandi and modus operandi . In return, it achieves the necessary support from the political system in the form of enforcement.

This capacity of self-programming positive law and constitutions through both legal rationality and political force is not limited by the nation state’s institutions and the referential framework of sovereignty as it affects political and legal institutions in the post-sovereign societal condition, such as the EU. However, this capacity does not justify hasty conclusions regarding the legal and political possibility to integrate the multiplicity and plurality of globalised societies and cultures. Cultural pluralities and differences as well as heterogeneity can hardly be overcome by some kind of total societal ‘self’—polity ultimately constituting our global society in terms of universal morality and cosmopolitan values.

5 Towards a Sociology of Constitutional Values

If values are tools of the normalisation of power in society, a sociology of constitutionalism must move beyond legal theoretical and jurisprudential questions of how political power becomes controlled by law and how law becomes legitimised by external values. It rather needs to ask how societal power constitutes the systems of positive law and politics. The problem of constitutional power ceases to be associated with political control and legal limitation. It is reformulated as a problem of the societal constitution and transformation of the potentia of multiple societal forces into generally recognised and operating authority— auctoritas .

This process of transforming the potentia of societal forces and imaginaries into the potestas of politics and the auctoritas of law requires a sociological and social theoretical response to the juridical question of ultimate legal force and the political question of sovereign power. A sociology of constitutionalism must subsequently analyse more general non-political and non-legal processes of self-constitutions of modern society including constituent powers behind self-validating legitimation procedures of the systems of positive law and politics.

A number of legal and constitutional theories can be considered as prescriptive specialist attempts at resolving the current crisis of reason, civilisation, politics and human values including those legislated for by political constitutions. They typically invoke moral principles and foundational values and thus illuminate the function of values in law as much as the value of legality itself. They draw on a general philosophical critique of positivism that the background knowledge and values of the researcher cannot be eliminated and actually constitute the object of research. This legal theoretical and jurisprudential recourse to the external validation of law by philosophical speculation and the anthropological interpretation of values and political ethics calls for a sociological inquiry itself.

First, the theoretical dynamics between the self-validation and external validation of law requires introducing the sociological distinction between ‘front-line’ and ‘second-line’ legal knowledge. While front-line knowledge is an operative condition of the system of positive law and its different segments define different legal professions within the system, the second-line knowledge of legal theory offers a self-description of the system of positive law ‘as it should be’. This internal legal distinction between front-line and second-line knowledge can subsequently be analysed from the external sociological perspective which also allows for a theoretical observation of legal theories and theorists as leaders of legal reforms and social policy-makers, if not ideologues of moral transformations of their polities.

Second, a sociological inquiry into constitutional values and positive law subsequently requires one to externally observe not only legal normativity but also all non-positive political, moral, economic, scientific, technological and all other societal normative interventions in the system of positive law and legal doctrines or jurisprudence (Luhmann 2004 ). A sociological theory of constitutional norms and values must involve a study of distinctions and conceptualisations of law as a system distinguishing between the right and wrong human conduct and constituted by individuals as ‘norm-users’ (MacCormick 2007 ) in their interaction and intersubjective recognition of normative patterns.

This sociological theory needs to move beyond explanations of the distinction between the spontaneity of societal normative orders and the formality of officially authorised legal institutions which describe individuals as interacting morally autonomous subjects constituting such orders in their ordinary practical life. Instead, this theory has to address these forms of intersubjective experiences and understanding as more complex forms of societal expectations of conduct in which understanding, consensus and conformity must be taken into account as much as confusion, dissent and deviance.

Third, this theoretical shift requires abandoning the concept of the constitution as a consensually grounded and gradually evolving document empowered and enforced by the collective will of the people as its constituent subject. Although it is true that constitutions become more stable if they last for a longer period of time, their legitimacy does not necessarily increase with the passage of historical time turning them from fresh political documents into shared societal traditions. Constitutional traditions can be considered illegitimate as much as utopian projects of future constitution-making.

Instead of turning societal consensus and dissent into absolute values and exclusive procedures of legitimation, it is the opposition and difference between consensus and dissent that drives societal evolution and, apart from other societal semantics, defines the operative possibilities and legitimation potential of the systems of positive law and politics (Niklas Luhmann 1995 ). Footnote 6 There is no privilege for either consensus or dissent politics and no political or constitutional subject can be expected to evolve out of them. There is no chance to return to anthropological, ethnocentric and logocentric politics of overlapping or any other consensus as much as it is useless to romanticise the heroic struggle of dissidents in any political regimes with or without the rule of law. Issues of legitimation rather have to be addressed against the background of the consensus/dissent distinction.

6 Concluding Remarks: On the Societal Paradoxes of Constitutional Values

Constitutions are not the Hartian ultimate rules of recognition setting the criteria for the validity of positive law on the basis of the societal (and therefore the factual) acknowledgement of the expectations of the legal system’s officials. Their mutual understanding, acceptance of conduct and even dialogue cannot resolve the basic question of the authority, power and enforcement of legal norms. As Neil MacCormick observed, the ultimate constitutional rule of recognition is closer to Kelsen’s basic norm than Hart’s rule of recognition. Footnote 7

In light of these jurisprudential reflections of constitutional rules and values and with indispensable help from social and sociological theories of law, the political constitution can be paradoxically described as the customary basic norm validated by both spontaneous evolution and deliberative collective will-formation. Other paradoxes of constitutionalism drawing on the distinction between constituent and constituted power are also well covered by theories of constitutionalism and assisted by the sociological, anthropological and ethnographic perspectives of constitutional law. For instance, citizens constitute the people as constituent power, but citizenship needs to be codified by the constitution. The state’s constituent power of the sovereign people must be represented by state bodies to achieve its sovereignty. Nations are considered to be real existing social and political units, yet they do not exist as sovereign entities until the socially constructed legal constitution brings them into their existence, and so on.

All these paradoxes are conceptualised by constitutional theories and philosophies, yet they also need to be sociologically explained as part of the legal and political self-referentiality that is unlimited by nation states and stretching into contemporary supranational and transnational regimes of law and their internal value productions.

See, for instance, Jonas 2000 .

See Tamanaha ( 2010 ).

Ackerman, supra n. 2.

Joseph Raz speaks of both the value and virtue of the rule of law. See Raz ( 2009 ).

Rudolf Wiethölter's expression, quoted in Frankenberg, G (2003) Autorität und Integration: Zur Grammatik von Recht und Verfassung. Frankfurt. Suhrkamp, p. 7.

For general comments on the opposition between consensus and dissent, see Niklas Luhmann ( 1995 ).

MacCormick, supra n. 9, p. 57.

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Přibáň, J. Constitutional Values as the Normalisation of Societal Power: From a Moral Transvaluation to a Systemic Self-Valuation. Hague J Rule Law 11 , 451–459 (2019). https://doi.org/10.1007/s40803-019-00111-4

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Crafting Constitutional Values: an Examination of the Supreme Court of India

An Inquiry into the Existence of Global Values: (edited by Davis, Richter & Saunders) Bloomsbury (2015).

29 Pages Posted: 26 Aug 2015

Menaka Guruswamy

Supreme Court of India

Date Written: August 21, 2014

After much struggle, India won its independence from its British colonisers in 1947. But, its truly momentous reconception only emerged with the drafting and adoption of a Constitution, in 1950. The values that this chapter will discuss are the values of this Constitution, and their interpretation by the Supreme Court. The crafting of constitutional values like access to education for all Indians, equality between all citizens, and even a conception of ‘one people’ by the Supreme Court has enabled the re-imagination of Indian society. The Constitution’s idea of an egalitarian nation, defined by equality, fraternity and liberty have been given effect by the Supreme Court in ways that are unique to this court. It’s exposition of rights that are justiciable have included both political and civil rights, as well as rather unusually socio-economic rights. It is possibly the only apex court that has evolved its own appointment procedure, routinely assessed governmental policy, and also evolved relaxed locus standi requirements enabling rather radical public interest litigation. Section I will provide an overview of the Constitution of India, 1950 and the Supreme Court. Section II discusses the formulation of constitutional values – by examining creation of constitutions, conceptions of ‘the people’ and the Preamble to the Indian Constitution. The Preamble, adopted by ‘We the People’ of India, is important since it has been utilised by the Supreme Court to interpret and craft constitutional values. Section III is entitled ‘Fundamental Rights’ and is the heart of this chapter. It commences with a discussion of the Directive Principles of State Policy. It then proceeds to examine some core Indian constitutional values that have arisen from first: the rights to life, second: education, third: family and community, fourth: freedom and independence, fifth: sustainable development and environment, sixth: tolerance and education, seventh: justice, eighth: democracy and ninth: secularism. Section IV discusses ‘prioritisation’ by the Supreme Court in the context of two clear jurisprudential strands. First is the ‘basic structure doctrine or the unamendable core of the Indian constitution. The second is the use of Fundamental Rights to interpret Directive Principles of State Policy.

Keywords: Supreme Court of India, Constitution of India, Comparative Constitutional Law, Global Values, Fundamental Rights Directive Principles of State Policy

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Essay: Civic Virtue and Our Constitutional Republic

Right and wrong exist. Understanding civic virtue means acknowledging this. To further justice requires that one exercise judgment. To understand and evaluate virtue, we must be willing to admire heroes and condemn villains. We must be willing to take a stand. A special challenge today may be that many people do not wish to appear judgmental. We seek to balance two ideas: on the one hand, being too quick to judge is wrong. Respect means not looking down on others who are not harming anyone simply because you don’t agree with them. On the other hand, a reluctance to judge the behavior of others should not mean we do nothing in the face of evil. All that is needed for evil to triumph, it is often said, is for good people to do nothing.

“You never really understand a person until you consider things from his point of view—until you climb into his skin and walk around in it.” –Atticus Finch, To Kill a Mockingbird, by Harper Lee

“Our lives begin to end the day we become silent about things that matter.” –Martin Luther King, Jr.

Being virtuous does not require belief in a supreme being.  We need not shy away from the term “virtue.” Despite the occasional misunderstanding that it requires religion, virtue may in fact be defined as conduct that reflects universal principles of moral and ethical excellence essential to leading a worthwhile life and to effective self-government. For many leading Founders, attributes of character such as justice, responsibility, perseverance, and others were thought to flow from an understanding of the rights and obligations of men. Virtue is compatible with, but does not require, religious belief.

To many in the Founding generation, religion and morality were “indispensable supports” to people’s ability to govern themselves. This is because religious institutions nurtured virtue, and they knew virtue was needed for self-government to survive. On the other hand, to paraphrase Thomas Jefferson, it does you no injury whether your neighbor believes in one god or twenty gods. A person’s religion alone would not make him virtuous, and his particular (or lack of) religion would not mean he was incapable of virtue.

“We ought to consider what is the end [purpose] of government before we determine which is the best form. Upon this point all speculative politicians will agree that the happiness of society is the end of government, as all divines and moral philosophers will agree that the happiness of the individual is the end of man. …All sober inquirers after truth, ancient and modern, pagan and Christian, have declared that the happiness of man, as well as his dignity, consists in virtue” (John Adams, Thoughts on Government, 1776).

We ought to consider what is the end [purpose] of government before we determine which is the best form. Upon this point all speculative politicians will agree that the happiness of society is the end of government, as all divines and moral philosophers will agree that the happiness of the individual is the end of man. …All sober inquirers after truth, ancient and modern, pagan and Christian, have declared that the happiness of man, as well as his dignity, consists in virtue.” –John Adams, Thoughts on Government, 1776

Why virtues and not “values” or “character”?  Virtues are eternal because they are rooted in human nature. Values, on the other hand, can change with the times. The word “value” itself implies that values are relative. While values can change with circumstances, it is always good to be just, to persevere, to be courageous, to respect others, and so on. The word “character” refers to the sum total of virtues an individual displays. A person of character is virtuous.

Why these virtues?  The United States Founders believed that certain civic virtues were required of citizens in order for the Constitution to work. Numerous primary sources—notably the Federalist Papers and the Autobiography of Ben Franklin—point us to the “Founders’ Virtues.” You will explore some of the following civic virtues as an integral part of  Documents of Freedom .

• Self-Governance/Moderation
• Responsibility/Prudence
• Perseverance
• Contribution

Civic Virtue in Documents of Freedom . Virtue is a “golden mean.” Aristotle understood virtue as a “mean” (or middle) between two extremes. The same character trait, when expressed to the extreme, ceases to be virtue and becomes vice. For example, too little courage is cowardice, while too much makes one fool- hardy. A healthy respect for authority becomes blind obedience to power when expressed too strongly or descends into unprincipled recalcitrance when completely lacking.

Virtue is action.  Thoughts may be about virtuous things, but do not themselves merit the name of virtue. Similarly, words can describe virtuous things but can never themselves be virtuous. One’s thoughts and words alone don’t make a person virtuous—one must act on them.

Virtue is a habit.  Aristotle also believed that virtue is a habit. Virtuous behavior is not the result of numerous, individual calculations about which course of action would be most advantageous. For example, a person who finds a piece of jewelry, intends to keep it, but later returns it to the owner to collect a reward helps bring about a just outcome (property was returned to its rightful owner) however he falls short the title “virtuous” because of the calculation he went through to arrive at his course of action. While all virtues must be habits, not all habits are virtuous.

Virtue requires a just end.  Behavior can be virtuous only when done in the pursuit of justice. For example, though courage is a virtue, a Nazi who proceeded in killing thousands of people despite his own feelings of fear cannot be called courageous. Though respect is a virtue, a junior police officer who stood by while his captain brutalized a suspect cannot be called respectful. A complication can come when we either “zoom in” or enlarge the sphere within which action takes place. Could an officer on the wrong side of a war display virtue in the form of courage by taking care of the younger men in his charge and shielding them from harm? Is the “end” of his action the responsibility towards his men, or the continued strength of his army, which is working toward an evil cause?

Related Content

Civic Virtue and Our Constitutional Republic

The United States Founders believed that certain civic virtues were required of citizens in order for the Constitution to work. Numerous primary sources—notably the Federalist Papers and the Autobiography of Ben Franklin—point us to the “Founders’ Virtues.” Before exploring the Documents of Freedom, it is important to understand civic virtue as an essential element of self-government.

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Constitutional Values and Principles

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Normative Statement Constitution and Culture and human beings are inextricably link and in all probability, the same seems to be part of the theoretical underpinning of Global citizen’s thinking especially within their geographical space.2 Importantly, the aforementioned can be characterized as cultural symbolic abstracts worthy of a cogitative, figurative, and metaphoric conversation. In all probability, culture seems to be part of the theoretical underpinning of global citizen’s thinking within their geographical space.2 Purportedly, their Constitution authoritatively influences and regulates their official and electoral processes, a criticism worthy of dialogue in this postmodern era within their geographical space.2 In view of the aforementioned, presumably, this maybe one of the reasons why race , religion, and ethnicity is seemingly one of the major planks of self-identification. In a historical context, identities namely class, colour, gender, hierarchy, ownership and race is used to profile global citizens. Moreover, since every action invariably leads to a reaction, obviously, members of cultural groups often regard themselves as the "true" people and profile outsiders as inferior. Such a persuasion is deemed the process of using one's mind to reason yet we can agree that reasoning is the hardest work there is because constitution and culture has had, and will continue to have, enormous political impact on the process of consent. Ostensibly, there is this plausible assumption why so few engage in reasoning is one of the reasons why this academic thesis statement constitution and culture is advanced as a pretext and a character study of human behaviour which is authenticated in this conversation. For example Werner Gephart asserts that there is legal culture which is required for economic activity as well as the economic foundations of different legal cultures. Overall, 197 countries occupying this global space have their constitution and culture which can be interpreted as a design or models for behaviour namely norms for what is considered proper, or moral, or even sane a view advanced by Dr. Naomi Kipuri William Anderson Gittens Author, Media Arts Specialist Dip. Com. B.A. Media Arts; Author, Publisher Cultural Practitioners, and Publisher

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Advocates for the constitutionalisation of economic, cultural, and social rights put forth several arguments in favor of their inclusion. These arguments include advancing human rights protection, enhancing legal accountability, promoting social justice and equality, and ensuring policy consistency and long-term commitment (De Schutter, 2021). Advancing Human Rights Protection Constitutionalising economic, cultural, and social rights strengthens their legal status and provides individuals with enforceable rights. By recognizing these rights in the constitution, individuals gain a stronger foundation for asserting their claims and seeking redress for violations. Constitutionalisation can elevate the status of these rights, emphasizing their equal importance alongside civil and political rights (Durojaye, 2020). Enhancing Legal Accountability Constitutionalising economic, cultural, and social rights establishes a legal framework that holds both the government and private actors accountable for fulfilling these rights. By embedding these rights in the constitution, individuals can challenge government policies, laws, and practices that hinder the realization of these rights. This legal accountability can contribute to more effective governance and the protection of vulnerable populations (Rodríguez-Piñere, 2020). Promoting Social Justice and Equality Constitutionalisation of economic, cultural, and social rights reflects a commitment to social justice and equality. By recognizing these rights in the constitution, the state is compelled to take affirmative actions to address systemic inequalities, discrimination, and marginalization. Constitutionalisation can foster a more equitable society by requiring the government to design and implement policies that address social and economic disparities (Sepúlveda & Skaar, 2020). Ensuring Policy Consistency and Long-term Commitment Constitutionalising economic, cultural, and social rights provides a framework for consistent policy development and long-term commitment. By enshrining these rights in the constitution, the state is obligated to prioritize their realization and allocate resources accordingly. This

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Essay on Indian Constitution in 100, 250, and 350 words

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The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world and describes the framework for political principles, procedures and powers of the government. This is just a brief paragraph on the Indian constitution, we have provided samples of essay on Indian Constitution. Let’s explore them!

Table of Contents

• 1 Essay on Indian Constitution in 100 words
• 2 Essay on Indian Constitution in 250 words
• 3 Essay on Indian Constitution in 350 words
• 4 Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens
• 5 The Constitution Defines the Structure and Working of the Government
• 6 Conclusion

Learn more about the Making of Indian Constitution

Essay on Indian Constitution in 100 words

The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Also Read:- Importance of Internet

Essay on Indian Constitution in 250 words

The Indian Constitution was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the ‘Father of Indian Constitution’. It took almost 3 years to draft the same. Various aspects of the society such as economic, socio-political, etc were taken into consideration while drafting the constitution. While drafting the Indian Constitution, the drafting committee took into consideration various constitutions of other countries such as France, Japan and Britain to seek valuable insights. 

The Fundamental Rights and Duties of the Indian Citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India, all were included in the Indian Constitution. Every policy, duty and right has been explained at length in the Indian Constitution hence making it the lengthiest written constitution in the world. 

There were more than 2000 amendments that had to be made to the Indian Constitution to get it approved. The same was adopted on November 26th, 1949 and was enforced on January 26th, 1950. From that day onwards, the status of India changed from “Dominion of India” to “Republic of India”. And that is why since then, 26th January is celebrated as the Republic Day. On this occasion, the National Flag of India is hoisted at various places across the nation and the National Anthem is sung to rejoice the day. There is a special day that is dedicated to the Indian Constitution known as the ‘National Constitution Day’ that came into existence in 2015. 

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Essay on Indian Constitution in 350 words

The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The duties and the Fundamental Rights of the Indian citizens have been clearly stated and defined in the Constitution of India. The Fundamental Rights include:

• The Right to Equality
• The Right to Freedom
• The Right to Freedom of Religion
• Cultural and Educational Rights
• Right Against Exploitation
• Right to Constitutional Remedies

These are the basic rights and all the citizens across the country are entitled to the same irrespective of their colour, caste, creed, or religion.

Fundamental Duties of the Indian CItizens that are included in the Indian Constitution are:-

• Respecting the Constitution of India
• To always honour the National Anthem and the National Flag
• To protect the unity
• Preserving the heritage of the county
• Protecting the integrity and sovereignty of India
• Promoting the spirit of brotherhood
• To have compassion for living creatures
• To strive for excellence 
• To protect public property and contribute your bit to maintaining peace

These are also mentioned in detail in the Indian Constitution. 

The Constitution Defines the Structure and Working of the Government

The working of the Government as well as its structure is also mentioned in detail in the Indian Constitution.  The Indian Constitution mentions that India has a parliamentary system of government that is present at the centre as well as in states. The power to take major decisions lies with the Prime Minister and the Union Council of Ministers. The president of India on the other hand, has nominal powers.

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The Constitution of India was approved after several amendments by Dr. B. R. Ambedkar who, along with his team of six members, was a part of the drafting committee that came up with the Indian Constitution.

Also Read: How to Prepare for UPSC in 6 Months?

Ans: The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Ans: The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world. And describes the framework for political principles, procedures and powers of the government.

Ans: The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

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Article Contents

1.introduction, 2.the constitution and historical imagination, 3.time: founding moments, serialized epics, and everyday postscripts, 4.liberalism with indian characteristics: individuals and communities, 5.conclusion: freedom, discipline, and the paths not taken.

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The Indian Constitution: Moments, epics and everyday lives

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Rohit De, The Indian Constitution: Moments, epics and everyday lives, International Journal of Constitutional Law , Volume 18, Issue 3, October 2020, Pages 1022–1030, https://doi.org/10.1093/icon/moaa077

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I submit that a Constituent Assembly not only frames a constitution, but also gives people a new framework of life. Dakshayani Velayudhan, Dec. 9, 1946, in 1 Constituent Assembly of India Debates

January 26, 2020 marked the seventieth anniversary of the Indian Constitution. Official celebrations focused on memorializing the “fundamental duties” of the citizen in the constitution that range from “respecting public property and adjuring violence” to “respecting the national flag and national anthem.” In striking contrast, hundreds of thousands of Indian citizens gathered in the streets protesting the changes to the citizenship law by affirming constitutional values of equality, liberty, fraternity, and justice through public recitations of the preamble. 1 The current government-led crisis of the Indian constitutional system has been described as “death of the constitution by a thousand cuts” 2 and is being met with an exceptional resilience of constitutional patriotism from ordinary citizens. Perhaps for the first time since its promulgation, the Constitution is being reflected in popular culture and celebrated in film, song, and poetry. 3

Taking stock on the sixtieth anniversary of the Indian Constitution, political scientist Pratap Bhanu Mehta noted that constitutions, “not only allocate authority, define the limits of power or enunciate values, they also constitute our sense of history and shape a sense of self,” but despite the centrality of the Constitution to Indian social and political life, it remained “ill served by our historical imagination.” 4 In contrast, the last decade has witnessed an efflorescence of historically inflected writing, both scholarly and popular, on the Indian constitution. 5 Madhav Khosla, Ornit Shani, and myself recognize, in our respective work, that the promulgation of the Indian Constitution was a transformative moment for democracy in India, and is a resource for theorizing democracy more generally. As all three authors emphasize, this shared assumption marks a break from Indian scholarship, which saw the Constitution as a “superstructure” or as incidental to Indian politics; it is also a break from Western political theory which viewed the constitution as derivative and the Indian democratic experience at best as an anomaly. For Khosla, the Indian constitution is the “paradigmatic democratic experience in the 20th century, in much the same way in which Tocqueville’s America was for the 19th century.” 6 Ornit Shani notes that the Indian experience of universal adult franchise, irrespective of qualifications, predated not just the postcolonial world, but also the United States and France. I point out that the imbrication of constitution into daily life and the judicialization of politics have a considerably longer history in India than in most of the world. 7 Liberalism, democracy, industrialization, and social equality might have emerged sequentially in the west, but the Indian republic sought to achieve all goals simultaneously.

While differing in their emphasis on the process of change, the three books complement each other. Khosla excavates a shared constitutional vision at the moment of founding that makes visible the political apparatus of democratization, i.e. the codification and explication of rules as a pedagogical project, the emergence of a centralized overarching state, and focusing on the individual as the unit of representation. Shani argues that it was “practical rather than ideological steps,” through the bureaucratic task of implementing universal franchise, that “transformed the meaning of social existence in India” and laid the groundwork of electoral politics. 8 My work documents the use of constitutional remedies in courts and the emergence of constitutional rhetoric on the streets by ordinary people, arguing that the constitutional order was not a gift by enlightened politicians or benevolent judges but was produced and reproduced in everyday encounters by ordinary citizens. 9 Despite the text of the Indian Constitution reproducing several features of colonial legislation, and the institutions of the police, army, bureaucracy, and judiciary continuing with the same personnel and practices, all three authors rebut the idea that the Indian Constitution is an inevitable outgrowth of the colonial legal and bureaucratic frameworks. 10 Khosla distinguishes constitutional codification from colonial projects of codification, arguing that rights were marginal to the nationalist movement and colonial debates over representation were focused on group/communal identities. 11 Shani demonstrates how colonial bureaucrats, when tasked with expanding franchise even minimally, showed reluctance to enfranchise voters, shunned publicity, and found a range of administrative objections to expanding the voter’s list. In contrast, from 1948 onwards, in anticipation of changing legal authorities, the bureaucrats devised new precedents, overcame procedural hurdles, and actively publicized the process of turning citizens into voters. 12 I show how the judicial constitutional remedies in the new constitution gave Indian courts wide powers of judicial review and empowered citizens with the tactics and language to challenge a previously unimaginable range of governmental action both in the courts and on the streets. All three authors forcefully rebut the challenge to demographic non-representativeness (the unelected and largely upper caste Assembly members, the colonial bureaucracy, civil society groups, and litigants) by showing how the processes of constitution writing, electoral registration, and constitutional litigation opened up fields of action for the larger population by rewiring vocabularies, political imaginations, and expectations.

Along with these shared and complementary visions, these three books represent a heterogeneity of methods, archives and causality and offer different (and occasionally contradictory) answers to the nature of India’s constitutional experiment.

Between December 1946 and November 1949, over 300 members of the Indian Constituent Assembly met and deliberated over a constitutional draft in Delhi. For Khosla, this is a distinct moment of founding when “India’s political elite converged on a set of liberal constitutional values without the inheritance of any major liberal traditions.” 13 Khosla rejects not only arguments of colonial continuity, but also claims that these were products of a self-interested compromise over a transfer of power or that they were rooted in a long history of Indian liberal (and radical) thought. 14 While these claims can be contested, Khosla’s maneuver separates a future-oriented “constitutional moment” from everyday politics, allowing for a focus on the ideas themselves without reducing it to contingent maneuvering of interest groups. For instance, he shows how Nehru and Ambedkar, despite differing on their understanding of social and economic needs, came together in adopting a centralized state as the instrument of power for social and economic transformation and freedom, despite two decades of debates over provincial autonomy and village government. 15 One of the strengths of Khosla’s work is his deftness in placing the Indian debates on franchise, representation, and citizenship within the canon of political theory. Khosla’s narrative stops with the promulgation of the constitutional text by the Constituent Assembly, but he notes that the framework did not “exhaust its democratic character and carry the full weight of legitimation.” 16 The provision of universal adult suffrage and ease of constitutional amendment through constitutionally prescribed forms allowed for a democratic sovereignty in the future. Khosla suggests that the ease of amending the Indian Constitution through future parliaments was in recognition of the unelected nature of the Assembly and the absence of a process of ratification. 17 However, the first amendments to the Indian Constitution, circumscribing the rights to free speech and property and nullifying judicial verdicts, were made by the unelected Constituent Assembly in 1951. 18 According to Khosla, at the birth of the Indian republic, people were yet to transition from subjecthood to citizenship, but would do so through a democratic constitution. 19

In contrast, Ornit Shani argues that Indians became voters, and democratic subjects, before they became citizens. Shani focuses on the making of the Indian electorate through the preparation of the first draft electoral roll in anticipation of the Indian constitution. Moving away from the “ivory tower” of the Constituent Assembly, Shani shows how the “institution of electoral democracy,” which preceded the constitutional deliberations by politicians, was the product of a dialog between professional bureaucrats and ordinary people. She argues that it was the institutionalization of procedural equality in a deeply hierarchical society ahead of the constitution that made India’s democracy legible and legitimate to its people. 20 Shani’s archive is the little studied Secretariat of the Constituent Assembly, which was tasked with preparing an electoral roll for the new republic and bureaucratized the idea of equality for the purpose of voting.

As the deliberations began in the Constituent Assembly in 1946, both the territory of the future republic and the people who would constitute it remained undefined. The decision to partition British India into two states led to the greatest human displacement in history, resulting in the migration of 15 million people and millions of deaths. A patchwork of semi-autonomous princely states made up a third of the territory in South Asia, and their sovereigns continued to negotiate the status of their territories and subjects within the Indian union even after the promulgation of the Constitution. 21 The shifting populations and boundaries complicated the process of creating a list of voters and generated struggles for citizenship that were informed by the constitution being drafted and led to changes in the draft provisions. Shani reads the press notes issued by the Secretariat, the ensuing discussions in press, and the letters from the public as a “serialized epic of democracy” which allowed ordinary people to insert themselves as protagonists and “contribut[e] to the democratization of feelings and imagination.” 22 Similarly, administrative debates about funding and preparing a national electoral roll welded together 600 jurisdictions into a democratic federal structure and forged a common idea of Indianness. Most strikingly, Shani charts the transformation of a colonial bureaucratic imagination into one with an unprecedented “measure and tenacity of inclusion,” with state officials registering refugees in camps, homeless people, women in seclusion, and people living in remote areas. Through this new inclusive process they transform and democratize forms and procedures of democratic participation. The production of an electoral roll of 170 million people supported the notion that sovereignty resided in people with actual names and addresses (even though it might record that so-and-so slept under a tree), rather than being a faceless entity. Shani’s key intervention is to show that ordinary people did not react to the constitution-making process, but that constitution-making and everyday struggles were co-constitutive processes. For instance, she shows how the provisions on a centralized electoral commission and the principle of non-discrimination over place of birth emerged through struggles of internal migrants trying to get themselves into the electoral roll before the constitution was completed.

While Khosla’s narrative ends with the promulgation of the Constitution, and Shani’s runs parallel to the process of constitutional drafting, mine seeks to show how the Constitution after its promulgation “came so alive in popular imagination that ordinary people attributed meaning to its existence, took recourse through it and argued with it.” 23 What happens after the overarching centralized state with ambitions to restructure society and economy through codified rules, as Khosla describes, begins to intervene in everyday life? How do people who are not included in the electoral rolls or, more commonly, unable to protect their interests electorally, protect themselves? I argue that, almost as soon as it is promulgated, the Indian Constitution begins to operate as an organizational assumption for citizens and a background threat to the state through processes driven by some of its most marginal citizens. 24 I show this by looking at the use of the new constitutional remedies against attempts to transform the daily life of citizens, be it food practices, drinking habits, shopping, or sexual behavior. 25 While the book draws on judicial records, the central figure is not the judge but the litigant, who was able to insert themselves into an elite conversation and compel the state to respond. In contrast to the “serialized press notes” discussed by Shani, the site of encounter was not chosen by the state, and bureaucrats and politicians (including the constitution founders) are surprised and exasperated when being asked to abide by constitutional procedure. This point was acutely made when Durgabai Deshmukh, a liberal lawyer and constitutional drafter, faced with sex workers asserting their right to practice their profession, demanded that the constitution be amended to exclude them and that “notions of freedom undergo a change.” 26 It is clear that neither judges nor politicians exercise a monopoly on constitutional meaning, as ordinary Indians persist in their claims even after a judicial negation, or in anticipation of constitutional change. Like Shani, I draw inspiration from Robert Cover in recognizing that constitutions exist in a normative universe constructed by the “force of interpretive commitments, some small and private, others immense and public” and seek to bring the smaller actors to light. 27 Despite the centrality of the judicial archive, it was clear that judges did not control the final meaning of the constitution, as groups held onto constitutional interpretations and advanced claims counter to judicial visions.

In one of his final speeches to the Constituent Assembly, Dr Ambedkar worried that “democracy in India was only top dressing on a deeply undemocratic society.” 28 Not only was Ambedkar intimately familiar with the exclusions and violence of a caste society, he had also led two decades of negotiations with both the British and the Congress Party to create a more inclusive playing field but to little avail. How did the constitutional order provide a way for a more democratic society? Khosla gives the clearest answer to this question by suggesting the constitution centered on the individual in exclusion of other identities as the unit of representation, as demonstrated by dropping communal electorates based on religion. He suggests that even the constitutionally mandated special provisions made available to Dalit and tribal communities are framed on the “social and educational backwardness of a group,” which might have applied to certain castes at the time of independence, but were not innate to the group’s conditions. 29 His approach highlights the limitations of reading the Constitution as a document of shared consensus. The Constitution drafters, particularly women and Dalit members, were acutely aware of deep-seated inequalities in society and sought to harness state instruments to transform it. Central to this was an awareness that formal equality was not only insufficient but also dangerous, in that it could be used to hamper the state’s efforts to ameliorate social conditions. 30

The withdrawal of demands for communal representation and the disaggregation of caste and religious minorities are more a product of political machinations in the assembly than a commitment to liberalism. 31 There were only two Muslim members in the Assembly until June of 1947, when the Muslim League members took their seats. As several scholars have shown, the members of the League were outnumbered, had their loyalties and credibility attacked, and were outmaneuvered in committee meetings. 32 Aditya Nigam suggests that reading the constituent assembly debates as an event rather than a text makes visible how within the assembly the “liberal abstract notion of unmarked citizenship” was deployed in a desire for homogeneity rather than democracy and often silenced the articulation of a community-based grievance. 33

Shani’s work also focuses on the production of an unmarked procedurally equal citizenship, but her archive foregrounds the close relationship between community identity and the paradigmatic form of individual representation. The process of bureaucratic enumeration comes dazzlingly alive through the letters and public engagement that the constituent assembly are flooded with. While some are from individuals, a majority seem to come from a range of identity-based associations (a hybrid between traditional caste organizations and modern civil society groups) and, in expanding their liberal unmarked right to franchise, they make claims that are based on group identities. Take, for instance, the Assam Citizen’s Association Dhubri, which attempted to secure the voting rights of refugees, but lobbied to remove the constitutional restrictions preventing them from buying tribal land and pushed for state aid to support minority-run educational institutions. 34 The mobilization for individual representation was facilitated by community organizations. As Shani points out, some communities were unable to represent themselves, and tribal areas in Northeast and Central India, the Andamans, and the state of Jammu and Kashmir were not given the direct franchise. 35

Group identities entered my book in unexpected ways. As I tabulated challenges to particular laws, I noticed a clustering of petitions by individuals belonging to the same community, even in cases that were seemingly unconnected to ascriptive identities, such as commodity controls. It soon became apparent that in caste society, ascriptive identities and economic structures were closely linked, and the ability to litigate was greatest for those with access to informational networks or resources through community organizations. In many instances, what appeared to be claims for individual rights such as the right to drink, on closer examination seemed to be have been funded or organized by a community whose economic interests had been affected. As the archive made clear, not all communities in the 1950s had equal access to litigation, with landless laborers and Dalits , who made up a substantial portion of the population, being underrepresented. However, the acts of litigious citizens opened up pathways of rights for others less able to litigate and caused state officials to anticipate challenges and take constitutional norms as “organizational assumptions” to be followed or evaded. 36 Liberal theory treats liberty, property, and community as separate concepts, but in the Indian case they seem to be inextricably linked to constitutional design.

Despite these limitations and differences, all three authors agree that the Indian constitutional experiment was unprecedented for the time and in terms of its success. The two contemporaneous constituent assemblies in Pakistan and Israel were unable to agree upon a constitutional document, and neither has had the same degree of longevity or popular support. The longevity of the Indian Constituent Assembly is tied both to promise of the constitution and its framework of disciplining politics. For instance, attempts to challenge either the codification of rules or the overarching centralizing state were defended with a range of instruments within the constitution, from the provision of emergency to preventive detention laws. 37 While elections and electoral participation were celebrated, state elites were invested in using elections to discipline politics, curbing other forms of civic protest, and to thwart political engagement that had developed during the national movement. 38 Judicial victories were rare, narrow, and often reversed; moreover, the litigator was frequently castigated as a representative of a “private interest” against “national interest,” and the most effective strategies were where the litigant could, to paraphrase Hannah Arendt, frame their private interest as a general one. 39 As John Dunne notes, the globalization of representative democracy rooted in a bureaucratic statist structure erases more radical alternatives. 40

Given that the triad of features that our books identify and theorize faces increasing challenges in India, one direction for the emerging scholarship on the Indian Constitution is to explore the paths not taken. Kalyani Ramnath, for instance, suggests that the range of disparate opinions within the Constituent Assembly presents an opportunity to examine the different ways in which the constitutional text and polity could have been structured. 41 Khosla engages at some length with the Gandhian genealogy of thinking state power, but there remain other alternatives, including the federal proposals from the Dravidian parties and the princely states, Ambedkar’s radical economic plans including land nationalization, or the more robust imagination of fundamental rights in the Karachi Charter of 1932. Upendra Baxi describes constitutionalism in a threefold way: (i) as a corpus of texts signaling the original intention to fashion a new political formation that seeks to write society through law; (ii) as a set of ongoing interpretive practices within an authoritative community (be it bureaucrats, lawyers, or judges); and (iii) as a site for articulating insurgent orders of expectations from the state. 42 As we look towards the next decade of scholarship on the Indian Constitution, one hopes to see the recovery of more voices, imaginations, archives, and strategies covering the breadth of Baxi’s definitions of constitutionalism.

Rohit De & Surabhi Ranganathan, We are Witnessing the Rediscovery of India’s Republic , N.Y. Times (Dec. 27, 2019), https://nyti.ms/3iAyfeo .

Tarunabh Khaitan, Killing a Constitution by a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India , 14 Law & Ethics Hum. Rts . 49 (2020).

Suanshu Khurana, Ekkta Malik & Tanushree Ghosh, Poets, Singers and Writers on what the Constitution Means to Them in Letter and Spirit , Indian Express (Jan. 6, 2020), https://bit.ly/3c0qWKB; Article 15 ( Zee Studios, 2018).

Pratap Bhanu Mehta, What is Constitutional Morality? , 615 Seminar India ( Nov. 2010), https://bit.ly/3hyADkL .

This selection of monographs reflects both an interest in constitutional founding as well as constitutional narration for both legal and lay publics. On the constituent assembly and the moment of founding, see Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts (2019) ; Arvind Elangovan, Norms and Politics: Sir Benegal Narsimha Rau and the Making of the Indian Constitution (1935–1950) (2019); The Indian Constituent Assembly: Deliberations on Democracy ( Udit Bhatia ed., 2017); Akash Singh Rathore, Ambedkar’s Preamble: A Secret History of the Constitution of India (2020); Sandipto Dasgupta, Legalizing the Revolution: Decolonization and Constitutionalism in the 20th Century (2020); Niraja Gopal Jayal, Citizenship and Its Discontents: An Indian History (2013) . On narrating constitutional jurisprudence, see Chitranshul Sinha, The Great Repression: The Story of Sedition in India (2019); Abhinav Chandrachud, A Republic of Rhetoric: Free Speech and the Constitution of India (2017); Anuj Bhuwania, Courting the People: Public Interest Litigation in Post-Emergency India (2017); Gautam Bhatia, Offend, Shock and Disturb: Free Speech under the Indian Constitution (2016); Pooja Parmar, Indigenity and Legal Pluralism in India: Claims, Histories and Meanings (2015), Kalpana Kannibiran, Tools of Justice: Non Discrimination and the Indian Constitution (2012). For an analytical overview, see Arun Kumar Thiruvengadam, The Indian Constitution: A Contextual Analysis (2018).

Madhav Khosla , India’s Founding Moment: The Constitution of a Most Surprising Democracy 6 (2020).

Rohit De, A People’s Constitution: The Everyday Life of the Law in the Indian Republic 4 (2018).

Ornit Shani, How India Became Democratic? Citizenship and the Making of the Universal Franchise 5 (2019).

De , supra note 7, at 3.

On the colonial constitutionalism argument, see Rannabir Sammadar, The Materiality of Politics: The Technologies of Rule (vol. 1) (2007); Sumit Sarkar, Indian Democracy: The Historical Inheritance , in The Success of India’s Democracy 21 (Atul Kohli ed ., 2001); Anil Kalhan, Constitution and “Extraconstitution , ” in Colonial Emergency Regimes in Postcolonial India and Pakistan 89–120 (Victor Ramraj & Arun K. Thiruvengadam eds., 2010).

Khosla , supra note 6. On the way the postcolonial legal order has attempted to integrate its colonial past, see Rahela Khorakiwala, From the Colonial to the Contemporary: Images, Iconography and Performances of Law in India’s High Courts (2019); Rohit De, Between Midnight and Republic: Theory and Practice of India’s Dominion Status , 17 Int’l J. Const. L. 1213 (2019).

Shani , supra note 8, at 32–51.

Khosla , supra note 6, at 18. Moving away from quantitative and game theory models for constitutional success, Khosla’s book is part of an emerging field of interest in Asian constitutional foundations. See Constitutional Foundings in South Asia (Kevin Yl Tan & Ridwan Ul Hoque eds., 2021); The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice (Asanga Welikala ed., 2012); Maryam Khan, What’s in a Founding? Founding Moments and Pakistan’s “Permanent Constitution” of 1973 , in Founding Moments in Constitutionalism 201–21 (Richard Albert, Nischal Basnyet & Menaka Guruswamy eds., 2020); Constitution-Making in Asia: Decolonisation and State-Building in the Aftermath of the British Empire (Harshan Kumarasingham ed., 2016).

For an example of the compromise model of constitution making in British colonies, see Charles Parkinson, Bill of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain’s Overseas Territories (2007). For arguments identifying antecedents of the Indian Constitution in Indian intellectual history, see Christopher Bayly, Recovering Liberties: Indian Thought in the Age of Liberalism and Empire (2011); Sukanya Bannerjee, Becoming Imperial Citizens: Indians in the Late Victorian Empire (2013) ; Elangovan, supra note 5; Jayal, supra note 5; Mithi Mukherjee, India in the Shadows of Empire: A Legal and Political History (1757–1950) (2009) . For an overview of radical or socialist antecedents to the Indian Constitution, see Rohit De, Constitutional Antecedents , in The Oxford Handbook to the Indian Constitution 17 ( Sujit Choudhary, Madhav Khosla, and Pratap Bhanu Mehta eds., 2015); Kama Maclean, The Fundamental Rights Resolution Nationalism, Internationalism, and Cosmopolitanism in an Interwar Moment , 37 Comp. Stud. S. Asia, Afr. & Middle E. 213 (2017). For a scalar lineage, see Stephen Legg, Dyarchy: Democracy, Autocracy, and the Scalar Sovereignty of Interwar India , 36 Comp. Stud. S. Asia, Afr. & Middle E. 44 (2016).

This builds on Uday Mehta’s argument that the Indian constitution, distinct from the American or French traditions, transforms power from “a traditional concern with establishing the conditions for freedom to a concern with sustaining life and its necessities”: see Uday S. Mehta, The Social Question and the Absolutism of Politics , 615 Seminar India ( Nov. 2010), https://bit.ly/2Rrq8oP . The Partition casts a shadow over these politics, with concerns of “fissiparous tendencies,” bringing those who would have preferred a more decentralized polity towards a consensus over a centralizing transformative state.

Khosla , supra note 6, at 156.

Khosla sets this up in contrast to the difficulty of constitutional amendments in the United States, which were promulgated after a widespread ratification process. See id . at 158.

Nivedita Menon, Citizenship and the Passive Revolution: Interpreting the First Amendment , Econ. & Pol. Weekly 1812 (2004); Arudra Burra, Freedom of Speech in the Early Constitution: A Study of the Constitution (First Amendment) Bill , in The Indian Constituent Assembly: Deliberations on Democracy , supra note 5, at 130.

Khosla , supra note 6, at 158.

Shani , supra note 8, at 5.

There were ninety-three seats reserved for representatives of princely states within the Assembly, though there was a lively debate about whether these members should be nominated by the prince or selected through popular representation. Several representatives took their seats well after the draft of the Constitution was finalized. The largest state, Hyderabad, was unrepresented in the Constituent Assembly, as it did not accede to India until after 1950. The princely states were also sites of experimentation for constitutional forms since the late nineteenth century: constitutionally mandated affirmative action was first introduced in Mysore in the early twentieth century; Aundh experimented with Gandhian decentralized government; and Manipur offered universal franchise and a stronger bill of rights. Given the possibility of joining an Indian union since the 1930s, the princely states had been debating various forms of federalism. The state of Jammu and Kashmir was the only state in the Indian union which was permitted to have its own constituent assembly and flag. On princely states, see Barbara Ramusack, The Indian Princes and Their States (2004); Manu Bhagavan, Princely States and the Making of Modern India: Internationalism, Constitutionalism and the Postcolonial Moment , 46 Indian Econ. & Soc. History Rev. 427 (2009). On Mysore and Baroda, see Manu Bhagavan, Soveriegn Spheres: Princes, Education and Empire in Colonial India (2003). On constitutional experiments in Baroda, see Rahul Sagar, How and Why the First Constitution in Modern India was Written , Scroll ( Jan. 19, 2020), https://bit.ly/3c7LAIY . On the Travancore Constitution, see Sarath Pillai, Fragmenting the Nation: Divisible Sovereignty and Travancore’s Quest for Federal Independence , 34 Law & History Rev. 743 (2016). On Hyderabad, see Kavita Saraswathi Datla, Sovereignty and the End of Empire: The Transition to Independence in Colonial Hyderabad , 3 Ab Imperio 63 (2018). On Manipur, see S. K. Bannerjee, Manipur State Constitution Act, 1947 , 19 Indian J. Pol. Sci. 35 (1958). On Aundh, see Indira Rothermund , The Aundh Experiment: A Gandhian Grass-roots Democracy (1983).

De,   supra note 7, at 9.

Id. at 218.

I took a conscious decision to not look at more obviously political cases in this book. I discuss them in Rohit De, Rebellion, Dacoity, and Equality: The Emergence of the Constitutional Field in Postcolonial India , 34 Comp. Stud. S. Asia, Afr. & Middle E. 260 (2014). See also Rohit De, How to Write Constitutional Histories: The Constitution of Everyday Life , Asian J. Comp. L. ( forthcoming 2020).

Letter from Durgabai Deshmukh, Member, Planning Commission and Chairperson Central Social Welfare Board, to Jawaharlal Nehru, Prime Minister of India (Sept. 7, 1954) (on file with the Nehru Memorial Museum and Library).

Robert M. Cover, Foreword: Nomos and Narrative , 97 Harv. L. Rev . 4 (1983).

B. R. Ambedkar, Nov. 4, 1948, in 7 Constituent Assembly of India Debates , https://bit.ly/33EZ4co (last visited Oct. 1, 2020).

Khosla , supra note 6, at 150.

Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts,   supra note 5 ; Kalpana Kannabiran, Tools of Justice: Non-Discrimination and the Indian Constitution (2012). Significantly, India Const . art. 15 not only provides a nondiscrimination clause and protects special measures for women, children, and classes with certain social and educational markers, but also specifically casts a horizontal responsibility of non-discrimination upon fellow citizens by throwing open schools, wells, shops, temples, and private establishments that had been sites of caste exclusion. The Constitution also provided for the rights of linguistic and religious minorities, while specifically granting freedom to groups that had been unfree, by abolishing untouchability, human trafficking, and forced labor.

On the changing idea of minorities, see Anupama Rao , The Caste Question: Dalits and the Politics of Modern India (2009); Faisal Devji, Muslim Zion: Pakistan as a Political Idea (2013). O n politics within the assembly, see Upendra Baxi, The Little Done, The Vast Undone: Some Reflections on Reading Granville Austin’s The Indian Constitution , 9 J. Indian L. Inst. 323 (1967).

Iqbal Ansari, The Politics of Constitution Making in India , in Minority Identities and the Nation State 113 (D. L. Sheth & Gurpreet Mahajan eds., 1999); Shefal Jhai, Rights Versus Representation: Defending Minority Interests in the Constituent Assembly , Econ. & Pol. Weekly 1579 (2003); Shefali Jha, Representation and its Epiphanies: A Reading of Constituent Assembly Debates , Econ. & Pol. Weekly 4357 (2004); Rochana Bajpai, The Conceptual Vocabularies of Secularism and Minority Rights in India , 7 J. Pol. Ideologies 179 (2002); Shabnum Tejani, The Necessary Conditions for Democracy: BR Ambedkar on Nationalism, Minorities and Pakistan , Econ. & Pol. Weekly 111 (2013).

Aditya Nigam, A Text Without Author: Locating Constituent Assembly as Event , Econ. & Pol. Weekly 2107 (2004).

Shani , supra note 8, at 176.

As Shani has shown elsewhere, Indian Muslims faced a more difficult time establishing citizenship and documents. See Ornit Shani, Conceptions of Citizenship in India and the “Muslim Question , ” 44 Mod. Asian Stud. 145 (2010). On the documentary burdens on Indian Muslims of partition, see Vazira Zamindar, The Long Partition: Refugees, Boundaries, Citizenship (2007).

For an illustration on how litigation by petty bureaucrats opened up possibilities for other groups, see Rohit De, A Republic of Petty Bureaucrats: Upendra Baxi and the Pathologies of Civil Service Jurisprudence , 9 Jindal Global L. Rev . 335 (2018).

Sandipto Dasgupta argues that the length and complexity of the Indian constitution are the result of an elite desire for legalism and procedural certainty to contain popular politics in the future, particularly over questions of property. See Sandipto Dasgupta, “A Language Which Is Foreign to Us”: Continuities and Anxieties in the Making of the Indian Constitution , 34 Comp. Stud. S. Asia, Afr. & Middle E. 228 (2014).

Dipesh Chakrabarty, “In the Name of Politics”: Democracy and the Power of the Multitude in India , 19 Pub. Culture 35 (2007).

Hannah Arendt, The Human Condition 34 (1958).

John Dunne, Setting the People Free: The Story of Democracy (2d ed. 2018) (I am grateful to Tejas Parashar for the reference).

Kalyani Ramnath, “We The People”: Seamless Webs and Social Revolution in India’s Constituent Assembly Debates , 32 S. Asia Res. 57 (2012).

Upendra Baxi, Outline of a Theory of Practice of Indian Constitutionalism , in Politics and Ethics of the Indian Constitution Politics and Ethics of the Indian Constitution 92, 92–118 (Rajeev Bhargava ed., 2008).

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Constitutional Morality: Meaning, Source & Interpretation

Constitutional Morality refers to following the fundamental principles of a constitution . It involves supporting an inclusive and democratic political process that satisfies both individual and collective interests. In the case of the Indian Constitution, the values it upholds include democracy, socialism, equality, and integrity.

Meaning of Constitutional Morality

• It means abiding by the rules that limit the power of the government to infringe on citizens’ liberties.
• It emphasizes the commitment to protecting citizens’ freedom.
• It also includes respecting the supremacy of the Constitution and the rule of law.
• This principle requires conforming to the norms of the Constitution and avoiding actions that violate the rule of law or act in an arbitrary manner.
• Being committed to the Constitution is an aspect of this only. A government clerk on election duty in the conflict-ridden jungle of Central India tries his best to conduct free and fair voting despite the apathy of security forces and the looming fear of guerrilla attacks by communist rebels.
• It goes beyond simply following the core principles of constitutionalism written in the Constitution.
• It encompasses broader virtues , such as fostering a diverse and inclusive society while upholding other constitutional principles.
• It is through embodying constitutional morality that the values of constitutionalism permeate the functioning of the state for the betterment of every citizen.
• It ensures the elimination of inequality from society and guarantees the means to enforce the rights guaranteed by the Constitution.
• It aims to make Indian democracy vibrant by promoting brotherhood among the diverse population of the country.

Constitutional Morality and Preamble of India

• It finds its essence in the Preamble of the Indian Constitution.
• The preamble clarifies constitutional values and ideals.
• the major elements of constitutional morality in the context of the Constitution of India are- the Preamble, the Rule of Law, the Right to Equality, Unity, and Integrity of the Nation, Social Justice, Individual liberty, and Freedom of Expression.
• It also exists in the Fundamental Rights (articles 12 to 35) section of the Constitution, which guarantees certain essential rights for the free existence of every member of society.

Is the term “Constitutional Morality” Mentioned in the Constitution of India?

• While the term is not explicitly used in the Indian Constitution , the concept of morality appears in a few articles like Article 19 (2), Article 19 (4), Article 25 (1), and Article 26 which are related to freedom of expression, freedom of religion, and the interpretation of fundamental rights.
• The Supreme Court has relied on this concept to interpret and assess the constitutionality of laws.

Sources of Constitutional Morality

There can be four sources from which it derives itself.

• The first source is the Constitution itself . If we carefully read and interpret Articles 12 to 35 (Fundamental Rights), Articles 36 to 51 (Directive Principles of State Policy), the Preamble, and the Fundamental Duties, we can find the underlying essence.
• The second source is the debates and discussions that took place during the Constitutional Assembly. The views expressed by Ambedkar, in particular, have played a crucial role in shaping our modern understanding of the concept.
• The third source is the events and historical context surrounding the framing of the Constitution . The experiences and lessons learned during that time have influenced our understanding and practice of the concept.
• The fourth source is the case laws and precedents , especially in recent times. The Supreme Court and various High Courts have played an important role in striking down oppressive laws and upholding the spirit of constitutional morality . Through their decisions, they have strengthened democratic ideals and protected constitutional values.

Constitutional Morality vs Social Morality

• In the Navtej Singh Johar case , the Supreme Court ruled that Constitutional Morality takes precedence over social morality.
• It struck down a provision in the Indian Penal Code that criminalized consensual sexual conduct between adults of the same sex.
• It encourages the state organs to preserve the diverse fabric of society and not succumb to popular sentiments.
• Forcing a uniform philosophy on society would go against the principle of Constitutional Morality.

The Constitution represents the people’s will and aims to achieve justice, be it social, economic, or political. It is about upholding the principles of the Constitution and ensuring a just and inclusive society.

Previous Year Question

Q. Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of Constitutional Morality’ with the help of relevant judicial decisions. (2021)

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Essay on Constitution of India for Students and Children

500+ words essay on constitution of india.

The constitution of India came into force from 26 January. A special committee is gathered to draw and outline the constitution. The constitution gives all the details related to what is legal and what is illegal in the country. In addition, with the enforcement of the constitution, the Indian sub-continent become the Republic of India . Besides, the drafting committee consists of seven members that were supervised by B.R. Ambedkar. Moreover, the constitution helps in maintaining prosperity and peace in the country.

Salient Features of the Constitution

The list of salient features of the Indian constitution is very long and there are many uniqueness about it that you won’t find in any other countries constitution.

Longest Written Constitution

The first thing that makes the Indian constitution different is its length. The constitution of India contains a preamble, 448fourhundred, and forty-eight Articles, twenty-five groups, twelve Schedules, and five appendices. Moreover, it takes around 3 years to complete the draft of the constitution.

The Rigidity and Flexibility of the Indian Constitution

The constitution is hard as well as soft both at the same time. While on one side the supreme power needs to be followed carefully to maintain the law and order in the country, on the other side the citizen can appeal to amend the outdated provisions. But there are certain provisions that can be easily amended and there are some that take a lot of time and resources to amend. Furthermore, there have been more than 100 amendments in the constitution from the day of its enforcement.

Get the huge list of more than 500 Essay Topics and Ideas

The original constitution does not have preamble but it was later on added to the constitution. Also, it gives a detailed account of the constitution’s philosophy. The preamble states that India is a Socialist, Secular, Sovereign, and Democratic republic. In addition, it believes in equality, justice, and freedom of its people . The constitution puts the welfare of its people first rather than the state.

A Secular State

According to the constitution of India is a secular country that means that it does not give special status to any religion. Anyone can perform his religion freely.

It means a dictator or monarch does not rule the country. Moreover, it nominates and elects its head every five years.

Fundamental Policies

The constitution of t5he country states every fundamental duty of its citizens under it. These duties have to be followed by all the citizens of the country equally whether it’s a rich person or a poor one. Besides, these duties include the respect of national flag and national anthem , integrity and unity of the country, the safeguard of public property, and various others.

Directive State Principle or Policy

This policy is simple guidelines to the state in which ensure the development of its socio-economy via its policies.

In conclusion, the constitution serves as guidelines for every citizen. Also, law and rule are completely defined in the constitution. The head of the drafting committee Dr. B.R. Ambedkar has done a remarkable job that no one can forget. He and his team draft constitution that no other country has bale to do till date. Besides, the constitution has helped India to attain the status of the Republic in the world.

FAQs about Essay on Constitution of India

Q.1 Define what is the Indian constitution in simple words? A.1 The constitution is the supreme law of the country. Everything is predefined in it. Besides, the constitution is a framework that guides the procedures, policies, and power of the government.

Q.2 Who is known as the father of the Indian constitution? A.2 Dr. B.R. Amberdkar is the father of the Indian constitution because he was the head of the drafting committee that completed the constitution.

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Essay On Constitution Of India | Indian Constitution Essay for Students and Children in English

February 14, 2024 by Prasanna

Essay On Constitution Of India:  The constitution of India is one of the lengthiest and longest written constitutions in the whole world. The constitution is the backbone of the democratic and secular fabric of the nation and every institution in the country follows the constitution of India.

In this essay on constitution of India, we shall be talking about the salient features of our constitution, has how it was formed and what are the important articles in the Constitution that define past, present and future of India.

You can read more  Essay Writing  about articles, events, people, sports, technology many more.

Long and Short Essays on Constitution of India for Students and Kids in English

If you are a student or an IAS aspirant searching for a perfect essay on constitution of India, then you have come to the right place. We have provided a 600-word long essay on constitution of India is helpful for students of classes 7,8,9 and 10. and 200-word short essay on constitution of India is helpful for students of classes 1,2,3,4,5 and 6 which can be used by students for various purposes.

Long Essay On Constitution of India 600 Words in English

The supreme law of the country in a democratic system is the constitution. The word constitution has a French origin which is usually used to refer to law and order. Constitution of India starts with a preamble with the phrases “we the people” and talks about the values of the constitution which are equality, liberty, secularism and fraternity. Indian Constitution is one of the longest constitutions in the world. Our Indian Constitution consists of 465 articles, 12 schedules, 22 amendments and 146385 words in it.

Indian Constitution is an amalgamation of the Constitution of France, Britain, USA, Germany, and the former USSR. Some of the best features of the best constitutions in the world were taken and adjusted in the Indian Constitution as a result of which Indian Constitution in today’s world is considered one of the most detailed and comprehensive constitutions to exist. The reason why Indian Constitution is so lengthy is because of the kind of diversity and unique problems that exist only in India. The constitution of India addresses each and every issue that can possibly be imagined in a country like India which has many religions, ethnicities, cultures and languages.

Dr BR Ambedkar is known as the father of Indian constitution and he was the main person behind the framing of the Indian Constitution. He was the head of the drafting committee and he travelled across the world for many democratic countries to get inspiration to draft the Indian Constitution. It is also said that Dr BR Ambedkar wanted to burn the constitution of India. With regard to the powers of the governor, Ambedkar had heated debate with the members of the drafting committee and was hell-bent on preventing any harm or injury to the minorities of the country.

The Indian Constitution was originally written in Hindi and English. The constituent assembly and the members of the same signed two copies of the Constitution, one in the language of Hindi and the other in English. At that point in time when the Constitution was drafted, the Indian Constitution was only handwritten. It was neither printed nor typed and hence it is the only longest handwritten constitution on earth.

The values that the constitution represents is the values that India celebrates every day. The fundamental rights that the constitution of India guarantees its citizens to keep them safe from the bad elements in the section of the population are important. The values of liberty, equality, fraternity and secularism are some of the values that are celebrated all over the world and the Indian Union stands as a testimony for these values. It is because of the robustness and strength of our constitution that India is has become the second-largest democracy in the world. The Preamble of the Constitution of India declared the country as a power in a socialist, secular and democratic republic and the welfare of the state is committed to attaining justice, liberty and equality for all the people without any discrimination based on religion, caste, creed, sex or place of birth.

It took nearly three years to complete the Indian constitution and to be precise it took 2 years 11 months and 18 days to come up with the final draught. The constitution of India has been amended over 94 times in the last 60 years of India’s Independence.

I would like to conclude by saying that the essence of the Constitution is what makes India one of the strongest nations in the world. Without such a robust constitution, India would slip into a fascist and an authoritarian regime. Every government, irrespective of the political ideologies and bend of mind, should obey the constitution of India and follow the law of the land for the healthy democratic republic of India.

Short Essay On Constitution of India 200 Words in English

The constitution of India is one of the lengthiest constitutions in the whole world which contains a preamble, 22 parts with 448 articles, 12 schedules 5 appendices, and 15 amendments. It is the only constitution in the whole world which was handwritten completely in two languages, Hindi and English. Constitution of India was handwritten by Prem Behari Narain Raizada.

The constitution of India says that the republic of India is a sovereign, socialist, secular and a democratic republic. The constitution also celebrates the values of justice, liberty, equality and fraternity for all the people in the country without any discrimination. The constitution of India assures the citizens their economic and political justice, liberty of thought, expression faith, belief and worship. Although, in recent years certain articles and clauses of the constitution have been overstepped which is a dangerous precedence for the democratic values of the country.

I would like to conclude by saying that the Indian Constitution takes influences from the constitutions of France, Russia, America, Britain and Japan. It is one of the longest constitutions in the world and addresses each and every problem in a country like India with so much diversity in culture and ethnicity. It is because of the Constitution of India that India is known as the second biggest democracy and if there comes a time when the constitution of India is not followed, then India might slip into fascism and authoritarianism.

10 Lines on Constitution of India Essay

• Indian Constitution is one of the longest constitutions in the world.
• Indian Constitution is the only constitution that was handwritten in two languages, English and Hindi.
• Dr. BR Ambedkar is known as the father of the Indian Constitution.
• The constitution of India declared the country as a sovereign, socialist, secular and democratic republic.
• Constitution of India assures its citizen of justice, equality, liberty and helps in promoting fraternity without any discrimination based on caste, creed, religion, gender or place of birth.
• It took nearly 2 years 11 months and 18 days to finish the constitution of India.
• The concept of the five-year plan was borrowed by the constitution of the USA and the concept of an independent judiciary was taken from the constitution of Japan.
• The national constitution day is celebrated on the 26th of November every year.
• The Constitution of India was officially adopted and came into force on 26 January 1950, which is also known as the Republic Day of India.
• The English version of the Constitution has 117369 words, 444 articles, 22 parts, 12 schedules and 104 amendments.

FAQs on Essay On Constitution Of India

Question 1. Who is the father of the Indian Constitution?

Answer: Dr. BR Ambedkar is known as the father of Indian Constitution

Question 2. When was the Indian Constitution adopted?

Answer: Indian constitution was adopted on 26th November 1949, which is also known as National Constitution Day of India

Question 3. Where is the original copy of the Indian constitution located?

Answer: The original copies of the Indian Constitution is kept in a special helium-filled case in the library of the Parliament of India

Question 4. Which amendment is known as the most controversial constitutional amendment in the history of India?

Answer: The 42nd amendment, which reduces the powers of Judiciary, is known as the most controversial part of the Indian Constitution

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