this ‘past–present–future’ matrix. It reflects the past in two respects. First, the
Constitution borrowed heavily from the Government of India Act of 1935 and
British constitutional conventions, thus signifying that colonisation resulted in
internalisation of certain British constitutional traditions over a period of time.
There was, however, no total or blind adoption of British traditions, as the Consti-
tution emerged from the shadow of the colonial past by making certain depart-
ures.^11 Second, it took cognizance of the challenges faced both by India and by
Indian society before independence, e.g. national disintegration; communalism;
untouchability; discrimination against women and weaker sections of society;
unequal distribution of economic resources; and diversity in matters of religion,
language, tradition and culture. To overcome these challenges, the Constitution is
built on the bedrock of fundamental rights (FRs) and the directive principles of
state policy (DPs), special provisions empowering women and weaker sections,
the rule of law, the separation of powers, secularism, parliamentary democracy,
judicial review, an independent judiciary, and federation with a strong centre.
Granville Austin, a leading historian, describes the philosophy of the Indian consti-
tution as a ‘seamless web’ of three ‘mutually dependent and inextricably inter-
twined’ strands: ‘protecting and enhancing national unity and integrity; establishing
the institutions and spirit of democracy; and fostering a social revolution to better
the lot of the mass of Indians’.
12
The Preamble of the Constitution provides guidance on how post-independence
India should chart its future.
13
The Preamble embodies the vision of ‘wiping every
tear from every eye’ by deconstructing the existing socioeconomic inequalities.
Constitutionalising the social revolution was the means chosen to attain this end:
14
the Indian constitution not only confers equality of status and opportunity but also
provides for the taking of positive steps to rectify existing inequalities, injustices and
historical prejudices. The Preamble manifests this vision by securing its citizens
justice(social, economic and political),liberty(of thought, expression, belief, faith
and worship),equality(of status and of opportunity), and by promoting fraternity
amongst citizens, assuring the dignity of the individual and the unity and integrity
of the nation. These aspirations appear throughout the Constitution, especially
in provisions dealing with FRs and DPs. The Constitution establishes an
independent judiciary as guardian of people’s rights and liberties and embodies
(^11) For example, the Objectives Resolution presented by Pandit Nehru in the Constituent
Assembly on 13 December 1946 highly influenced the drafting of the final document.
Constituent Assembly Debates, Vol.i,p. 57.
(^12) Granville Austin,Working a Democratic Constitution: The Indian Experience(New Delhi:
Oxford University Press, 2000 ), pp. 6 , 7 – 8.
(^13) See Aparajita Baruah,Preamble of the Constitution of India: An Insight and Comparison
with Other Constitutions(New Delhi: Deep & Deep Publications Pvt. Ltd, 2007 ).
(^14) Granville Austin,The Indian Constitution: Cornerstone of a Nation(Oxford: Clarendon
Press, 1966 ), p. 26.