The Philosophy Of The Constitution
Explain the difference between the Indian Constitution and Western ideas in the light of:
(a) Understanding of Secularism
(b) Articles 370 and 371
(c) Affirmative action
(d) Universal Adult Franchise.
(a) Understanding of Secularism: The Indian Constitution differs from the Western ideas in the light of understanding of secularism. According to the Western ideas secular states are observed as treating religion as a private matter. The religion is not given public or official recognition. But the Indian Constitution differs in this matter. All religions are honoured in the same manner. The state could also help religious communities by giving aid to educational institutions run by them.
(b) Articles 370 and 371: By introducing the article 370 concerning Jammu and Kashmir and article 371 concerning with North East, the Indian Constitution anticipates the very important concept of asymmetric federalism. Unlike the constitutional symmetry of American federalism, Indian federalism has been constitutionally asymmetric. The accession of Jammu and Kashmir to the Indian Union was based on a commitment to safeguard its autonomy under article 370 of the Constitution. This is the only state which is governed by its own Constitution. Article 371 A, the privilege of special status, was also accorded to the North Eastern State of Nagaland.
(c) Affirmative action: Again there is much difference between the Indian Constitution and Western ideas in the light of affirmative action. As in the context of America where the Constitution was written in late 18th century it is absurd to apply the values and standard of that era to the 21st century. But in India affirmative actions as in terms of our values, ideals and conception the Constituent Assembly made the Constitution which is full of affirmative actions. The political philosophy resists any single label because it is liberal, democratic, egalitarian, secular and federal, open to community values, sensitive to the needs of religious and linguistic minorities as well as historically disadvantaged groups and committed to building a common national identity. Freedom of expression, religious freedom, right to equality, social justice and community values are the main tenets of the Indian Constitution.
(d) Universal Adult Franchise: In Western democracies the right to vote has only recently been extended to women and to the working class. But in Indian Constitution universal franchise was adopted from the very beginning.
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Or
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Or
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