Chapter

Building a Castle, But not in the Air

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0011
Building a Castle, But not in the Air

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The Constituent Assembly, representing all sectors of society, decided unanimously to produce the Constitution of India. India was constituted into a federal union of states, but the federation contemplated by the Indian Constitution was not based on the American model but appeared to subordinate the states comprising the union to the union of states. Their memories still green and fresh from the struggle against colonial and feudal forces and inspired by the ideals of the three great Western revolutions, the founding fathers proclaimed in the Preamble to the Constitution, that India would be a ‘sovereign democratic republic’ and her citizens were to secure: justice, liberty, equality, and fraternity. The result was dichotomy of the Indian Constitution, which projected certain individual freedoms and rights as basic, and incorporated them in the Constitution as fundamental rights while relegating other significant rights which incorporated socialist or humanist principles to the position of Directive Principles of State Policy. The Constitution also provided for the establishment of an independent judiciary with the Supreme Court at the apex.

Keywords: India; Constitution; Constituent Assembly; revolutions; justice; liberty; equality; fundamental rights; Supreme Court; Directive Principles of State Policy

Chapter.  5276 words. 

Subjects: Constitutional and Administrative Law

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