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Unit-7 Philosophy of Indian constitutional

Unit-7 Philosophy of Indian constitutional - UNIT 7 VISION...

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UNIT 7 VISION OF SOCIAL TRANSFORMATION Structure 7.0 Objectives 7.1 Introduction 7.2 Significance of a Written Constitution 7.2.1 Constitution as a Positive Law 7.2.2 Its Contractual Nature 7.2.3 Philosophy of a Constitution 7.2.4 Constitution and Justice 7.3 Preamble to a Constitution 7.4 The Indian Vision 7j4.1 The Anti-Imperialist Legacy 7.4.2 Movements for Social Justice 7.4.3 The Nationalist Programme 7.5 Rights as the Core of the Nationalist Programme 7.5.1 Influence of Socialism 7.5.2 Poverty Relief and Planning 7.5.3 Role of the Leftist Groups 7.5.4 Opposition to Caste Oppression 7.6 Ideological Limitations 7.6 1 Class Character of the Indian National Congress 7.6.2 Stress on Politics 7.7 The Congress Consensus 7.7.1 The Parliamentary Tradition 7.7.2 Federalism 7.7.3 Welfarism 7.8 Unfolding of the Socio-Economic Programme 7.8.1 The Strategy 7.8.2 The Specific Objectives 7.'9 The Congress Resolution on the Objectives of the Constitution 7.10 'The "Objectives Resolution" of the Constituent Assembly 7.1 1 Structural Limitations 7.12 Let Us Sum Up 7.13 Some Useful Books 7.14 Answers to Check Your Progress Exercises 7.0 OBJECTIVES The leaders of the Indian National movement had a vision of social transformation. The Constituent Assembly, representing various groups of the society incorporated this vision in the Constitution of India. After going through this unit, you will be able to understand: the outlook and the philosophy of the Indian Constitution; the ideas and the dreams of the leaders of the Indian freedom movement; the way they were articulated; and the extent of consensus as well as conflict that worked behind the making of the Indian Constitution. 7.1 INTRODUCTION In the unit 6 we have seen the evolution of the idea of a Constituent Assembly in India during the freedom movement and the way the leaders of India framed a
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Philosophy of Indian Constitution. That Collstitutioll is not only the world's largest Constitution, it also Constitution reflects a great vision for the future of India as a sovereign democratic republic where justice, liberty and equality will build a firm unity and integrity of the nation. 7.2 SIGNIFICANCE OF A WRITTEN CONSTITUTION . There are four points about a written Constitutions: 7.2.1 Constitution as a Positive Law A constitution derives its authority from itself. It is, therefore, future - oriented. As i a body of supreme laws the Constitution takes precedence not only over all other laws I but als:, over all customs, traditions and faiths. Such customs and traditions, etc., are valid as long as they do 11ot conflict with the Constitution. In other words, no provision 1 of the Constitution can be challenged on the plea that it is inconsistent with the tradition, belief and faith inherited from the past. 7.2.2 Its Contractual Nature Further, a democratic Constitutio~l is a kind of contract among the people or, at least, the bulk of the people. It is based on consensus - a prodi~ct of bargain among several persons and groups. Such a contract cannot satisfy all persons fully. But it does satisfy most of them partly. In other words, it is a kind of common minimum
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