Limitations of the Constitution
Topic: Preamble and the Philosophy of the Constitution · NCERT: Class 11, Ch 10 "The Philosophy of the Constitution"
Meaning
Class 11 NCERT points out three weaknesses in the Constitution:
- A centralised idea of national unity. It gives a strong Centre, Art. 3 (Parliament can change state boundaries), Art. 356, and residuary and emergency powers.
- Gender justice glossed over, especially inside the family. Personal laws were left to communities, and a uniform civil code is only a directive under Art. 44.
- Socio-economic rights left as directive principles, which no court can enforce, in a poor country.
NCERT says these limitations "are not serious enough to jeopardise the philosophy" of the Constitution.
Example
Later changes have partly answered each one. The 73rd and 74th Amendments (1992) gave local governments constitutional status. The Hindu Succession (Amendment) Act 2005 and Vineeta Sharma (2020) made daughters equal heirs. The 86th Amendment (2002) added Art. 21A, which makes education a fundamental right. Courts also widened Art. 21 to cover livelihood (Olga Tellis, 1985).
Don't confuse with
- Criticisms of the Constitution (unwieldy, unrepresentative, alien): NCERT rejects these. It accepts the limitations as real, though not fatal.