Philosophy of the Constitution
Topic: Preamble and the Philosophy of the Constitution · NCERT: Class 11, Ch 10 "The Philosophy of the Constitution"
Meaning
The philosophy of the Constitution is the moral and political vision behind it. Its main idea is that laws carry values. For example, a ban on discrimination exists because we value equality. Class 11 NCERT describes India's Constitution as liberal, democratic, egalitarian (treating people as equals), secular and federal. It is open to community values. It protects religious and linguistic minorities and historically disadvantaged groups, and it builds a common national identity. It seeks freedom, equality, social justice and national unity through peaceful, democratic means. To study this philosophy, we look at three things: what key words like "rights" or "minority" mean, the set of ideals the Constitution holds, and the reasons for those ideals, which are found in the Constituent Assembly Debates. The Preamble is the best summary of this vision.
Example
Behind the ban on begar (forced unpaid labour) lies the value of human dignity. Behind giving no religious teaching in government schools lies secularism. A sales-tax slab, on the other hand, carries little or no deep value.
Don't confuse with
- The text of the Constitution: the text is the written law. The philosophy is the set of values and reasons that explain why that law exists.