What is the basic philosophy behind India’s Constitution? Is it a liberal one?

A constitution isn’t just a set of rules for running a government. Every constitution is built on certain political and moral philosophies that reflect what a society values and aspires for. This forms the foundation for a country’s laws and its governance.

The Preamble to the Constitution of India captures the country’s core political beliefs, values and goals. It -

• describes the nature of the Indian state as a sovereign, socialist, secular and democratic republic;

• identifies the people of India as the source of power behind the Constitution;

• sets out the objectives of liberty, equality and fraternity and securing social, economic and political justice for all citizens;

• promises dignity of the individual; and

• pledges to keep the unity and integrity of the nation.

  Do these ideals make our Constitution “liberal”? Liberalism is essentially a political idea. In a liberal democracy, if political institutions allow people to think and speak freely, people would naturally recognise that their society comprises different worldviews, religions, moral codes and ways of life. Political liberalism refuses to impose the majority’s idea of what is good onto a whole society. A pluralistic society allows people the freedom to choose their own ideas of what is good, not just electorally, but also in life.

  In a democratic society, the constitution sets out the principles of justice. It assumes that people with different opinions agree on these basic rules, acknowledging that they live in a pluralistic society. These principles of justice also form the basis of the State’s coercion and its justification. In normal parlance, “coercion” implies threat or violence. Constitutionally speaking, it means that under certain situations, the State can legitimately use force - physical and economic - to maintain law and order, protect the country, collect taxes, and provide public services. Examples include powers exercised by the police, the military, the courts, and tax and other regulatory authorities. In a liberal democracy, the State can only use these powers within the limits set by a constitution - one that citizens, or at least the majority, reasonably agree to.

  The idea of liberalism itself has evolved. Classical liberals consider the rule of law, equality before the law, civil liberties, and an independent judiciary as core liberal values. These are “negative rights”, meaning they bar the state from interfering with people’s freedoms. All schools of liberalism agree on these core values. Progressive or modern liberals go further and include “positive rights” - entitlements that the state is expected to provide, like healthcare, education, food, social security, etc.

  The framers of the Constitution of India avoided calling it a “liberal constitution”. Yet, many of its core elements - fundamental rights, equality before law, independent judiciary, separation of powers, etc.- are broadly based on classical liberal ideas. Significantly, the rule of law, while never explicitly stated, runs through the entire framework of India’s Constitution. In a nod to progressive liberalism, our Constitution also allows State intervention to ensure social, economic and political justice, moving beyond individual rights to secure rights of disadvantaged and minority groups. The Directive Principles of State Policy aim to provide entitlements for an economically, socially, and politically just society. In essence, what we have is a combination of classical and progressive liberal thought running through our Constitution.