By Vivekananda Pattanayak in Bhubaneswar, November 26, 2025: The Constitution of India came into being soon after the end of the Second World War when people were coming out of devastation, destruction and dictatorships in Europe and Asia. Soon the world also witnessed disintegration of empires and end of colonies. India’s independence was an epoch-making event of the newly emerging era. The birth of United Nations with the Charter beginning with the preambular words “we the peoples of the world” was a beacon of hope. India even before its independence had found a berth in this global institution.

No wonderIndia’s drafting of the basic document was a source ofscholastic inspiration to political scientists, jurists, and thinkers of the time. Ivor Jennings offered to lend his expertise on constitutional systems in framing of this fundamental legal document. Ernest Barker being impressed by the philosophy behind the Constitution in his seminal book on Principles of Political and Social Theory extracted the Preamble of the Constitution in the cover page of the book.

Pandit Jawaharlal Nehru, a visionary and a Fabian socialist and Sardar Vallabhbhai Patel, a practical statesman and down to earth administrator, both barristers, in addition Ambedkar a legal luminary with modern education from the Columbia University and the London School of Economics endowed with knowledge of history, jurisprudence and understanding of working of constitutional systems in the world and also in the subcontinent were the pioneers in giving shape to the Constitution of India. To fathom the jurisprudence behind the constitution one must understand historical development, judicial interpretations, land-mark legislations, customs, conventions, usages and practices, and writings of the eminent jurists and above all the principles of natural justice.

The Government of India Act of 1935 was the model which had been preceded by the Government of India Act of 1919 after replacing the Government of India Act of 1909. Provincial autonomy a part of the Government of India Act of 1935 germinated the concept of federalism while dyarchy of Government of India Act of 1919gave transferred power to Ministers elected to the legislature. Reserved power of Governor inter alia also included withholding of assents to bills passed by the legislature, whose spectre is still haunting till now.

Doctrine of separation of power propounded by Montesquieu had been adopted by the framers of the US constitution in 1776. Power of judicial review emanated out of the famous Marbury vs Madison casewhen Chief Justice Marshall gave his landmark judgment giving primacy to the Supreme Court to decide whether or not a law of the Congress is constitutional. The Indian constitutional development includes judicial primacy in determining constitutional validity of law enacted by the legislature. As the years passed, the Supreme Court of India questioned the power of the Parliament to amend the Constitution under Article 368 through Golaknath case, and judgements on Kesavananda Bharati case and Minerva Mills case. Thus, Apex Court heralded the doctrine of “basic structure” of the Constitution.

The Indian constitution did not confine itself to the concept of separation of power among three classical institutions like executive, legislature, and judiciary. It went beyond to cover high constitutional bodies like the Election Commission, CAG and Public Service Commission.

The independence of media, known as the Fourth Estate, a nomenclature given by Edmund Burke, emanates from the Right to Freedom, a fundamental right. The right to freedom of speech and expression includes publication of media. Further, the constitutional status of media has been buttressed through Article 361A covering protection of publication of proceedings of Parliament and State Legislature through an amendment of the Constitution in 1978.Till this amendment protection of publications came under a statute, in popular parlance known as the Feroze Gandhi Act.

The Universal Declaration of Human rights adopted by the General Assembly of the United Nations reflect what is contained in the Fundamental Rights. The Irish Constitution gave the concept of the Directive Principles of State Policy.Highlight ofthis part is reflected through provisions which can be described as Fabian socialism like equal right to adequate means of livelihood, economic systems not resulting in concentration of wealth and means of production should not be to the common detriment, equal pay for equal work for both men and women, right to work, and public assistance in cases of unemployment, old age, sickness, disablement and underserved want, living wages, participation of workers in management of industries.

The Preamble of the Constitution has used the words “we the people of India” in line with words used in the Charter of the United Nations thus asserting that sovereignty, meaning supreme power belongs to people. Demos means people and Kratos means power in the Greek language.Words Socialist and Secular were inserted after the Amendment which came into effect from 3 January 1977. So was the word “integrity” in addition to “unity”. Concept of secular emerged after long drawn religious war in Europe with the conclusion of Treaty of Westphalia. Oft quoted lines in political science “render unto God what is God’s and render unto Caesar what is Caesar’s vindicates that separation of religion from state.

While the world at the time of commencement of the Constitution and beyond had theocracies, India emerged as a secular state. The subcontinent with its long-cherished values and culturedeveloped since ancient times with tolerance for difference and diversity was partitionedin 1947 to make India and Pakistan. While the Indian constitution proclaims India as a secular state the neighbouring Pakistan has become a theocratic entity.

While India has remained a democracy, Pakistan has history of military dictatorships. No wonder the Preamble which reflects philosophy behind constitution has used the expression “unity” in the face diversity. Insertion of the word “integrity” is to remind the people how the united sub-continent partitioned and divided havebeen the cause of misery ofpeople due to wars and hostilities , and emphasizing the salience of oneness on the Indian nation.

The use of the word “socialist” in the Preamble merely reiterates what provisions of the Directive Principles quoted above reflect known in the domain in political science as democratic or Fabian socialism. In modern democracy features of constitutional framework must include separation of power, federalism, free media, neutrality of civil service, decentralization of power to grass root levels, vibrancy of civil society and finally autonomy of the academia. People must introspect and remain vigilant whether the constitutional safeguards are adequate in letter and spirit to protect secular socialist democratic republic and to defend liberty, equality, fraternity, and dignity of individual and to sustain justice social, economic, and political, and to preserve unity and integrity of nation.

Eternal vigilance is the price of liberty.