Salient features and Value Premises | Public Administration Optional for UPSC (Notes) PDF Download

Introduction

The philosophical and constitutional framework of government forms the basis for the functioning and governance of a country. It encompasses the foundational principles, values, and structures that guide the political, social, and legal systems. In the case of India, the Constitution plays a pivotal role in providing the framework for the country's governance, reflecting the aspirations and ideals of its founding fathers.

Constitutional Framework

The constitutional framework refers to the system of rules, principles, and institutions established by a constitution to govern a country. It provides the blueprint for the organization of the government, the distribution of powers, and the protection of individual rights. The Indian Constitution is a comprehensive document that embodies the constitutional framework of the country.

1. Written Constitution

• Detailed and Lengthy: The Indian Constitution is known for its comprehensive nature, containing detailed provisions on various aspects of governance. It is one of the lengthiest constitutions in the world.
• Borrowed Provisions: The Constitution draws inspiration from various sources, including other constitutions, to address the specific needs and conditions of India.
• Process of Amendment: The Constitution outlines a process for amending or updating its provisions, providing both flexibility and rigidity in its legislative process.

2. Union with Quasi-Federal Setup

• Union of States: The Indian Constitution recognizes India as a union of states, emphasizing the unity and integrity of the nation.
• Quasi-Federal Nature: The Indian federal system combines elements of both federalism and unitary governance. While states possess autonomy in certain areas, the Constitution allows for the alteration of state boundaries and names by the Union government.
• Parliamentary Democracy: India follows a parliamentary form of government, derived from the United Kingdom. The political executive is responsible to the Parliament, and the executive is part of the legislature.

3. Separation of Powers and Independent Judiciary

• Three Organs of Government: The Constitution establishes the legislative, executive, and judiciary as separate and independent organs of government, ensuring a system of checks and balances.
• Judicial Review: The Constitution empowers the judiciary with the authority to review the constitutionality of laws and executive actions, safeguarding fundamental rights and maintaining federal equilibrium.

Philosophical Foundation

The philosophical foundation of government refers to the guiding principles, values, and ideals that shape the governance and policies of a country. These principles are reflected in the Preamble and various provisions of the Indian Constitution.

1. Preamble

• Sovereign, Socialist, Secular, Democratic Republic: The Preamble of the Indian Constitution enshrines the core principles of the Indian state, emphasizing sovereignty, socialism, secularism, and democracy.
• Justice, Liberty, Equality, Fraternity: The Preamble also highlights the values of justice, liberty, equality, and fraternity as essential for the functioning of the Indian polity.
• Unity and Integrity: The Preamble emphasizes the importance of maintaining the unity and integrity of the nation.

2. Fundamental Rights

• Protection of Individual Rights: Part III of the Indian Constitution guarantees fundamental rights to the citizens, ensuring protection from arbitrary actions of the state and upholding principles of justice and liberty.
• Adapted from International Models: The fundamental rights in the Indian Constitution draw inspiration from various international models, including the Bill of Rights of the United States.

3. Directive Principles of State Policy

• Policy Guidelines: Part IV of the Indian Constitution outlines the Directive Principles of State Policy (DPSP), which provide policy directions for the government in creating a just and equitable society.
• Socialistic and People-oriented: The DPSP emphasize socio-economic and political justice, ensuring the welfare of the people and promoting a socialistic and people-oriented state.

4. Democratic Decentralization

• Panchayati Raj Institutions: The 73rd and 74th Constitutional Amendments introduced democratic local self-governing institutions, such as Panchayats and Municipalities, at the grassroots level, enabling democratic decentralization and empowering local communities.

Conclusion

The philosophical and constitutional framework of government in India is shaped by the ideals and principles enshrined in the Constitution. It provides the foundation for governance, ensuring democratic principles, protection of rights, separation of powers, and socio-economic justice. Understanding and upholding this framework is crucial for the functioning and progress of the Indian polity.