Individual freedom
• The first point to note about the Constitution is its commitment to individual freedom.
• Remember Rammohan Roy protested against curtailment of the freedom of the press by the
British colonial state.
• It is not surprising therefore that freedom of expression is an integral part of the Indian Constitution. So is the freedom from arbitrary arrest.
• The infamous Rowlatt Act, which the national movement opposed so vehemently, sought to deny this basic freedom.
Social Justice
Classical liberalism always privileges rights of the individuals over demands of social justice and community values.
The liberalism of the Indian Constitution differs from this version in two ways.
• First, it was always linked to social justice. The best example of this is the provision for
reservations for Scheduled Castes and Scheduled Tribes in the Constitution. The makers of the Constitution believed that the mere granting of the right to equality was not enough to overcome age-old injustices suffered by these groups or to give real meaning to their right to vote.
• Special constitutional measures were required to advance their interests. Therefore the constitution makers provided a number of special measures to protect the interests of Scheduled Castes and Scheduled Tribes such as the reservation of seats in legislatures. The Constitution also made it possible for the government to reserve public sector jobs for these
groups.
Respect for diversity and minority rights
• The Indian Constitution encourages equal respect between communities.
• This was not easy in our country, first because communities do not always have a relationship of
equality; they tend to have hierarchical relationships with one another (as in the case of caste).
• Second, when these communities do see each other as equals, they also tend to become rivals (as
in the case of religious communities).
• It was important to ensure that no one community systematically dominates others. This made
it mandatory for our Constitution to recognize community based rights.
• One such right is the right of religious communities to establish and run their own educational institutions.
• Such institutions may receive money from the government. This provision shows that the Indian
Constitution does not see religion merely as a private matter concerning the individual.
Secularism
• The term secular was not initially mentioned; the Indian Constitution has always been secular.
• The mainstream, western conception, of secularism means mutual exclusion of state and religion
in order to protect values such as individual freedom and citizenship rights of individuals.
• The term mutual exclusion means this: both religion and state must stay away from the internal affairs of one another. The state must not intervene in the domain of religion; religion likewise should not dictate state policy or influence the conduct of the state. In other words,
mutual exclusion means that religion and state must be strictly separated.
• To protect religious freedom of individuals, therefore, state must not help religious
organizations. But at the same time, state should not tell religious organisations how to manage their affairs.
Rights of Religious Groups
• The Indian Constitution grants rights to all religious communities such as the right to establish and maintain their educational institutions. Freedom of religion in India means the freedom of religion of both individuals and communities.
State's Power of Intervention
• The state simply had to interfere in the affairs of religion.
• The state could also help religious communities by giving aid to educational institutions run by them.
• The state may help or hinder religious communities depending on which mode of action promotes values such as freedom and equality.
Gaurav Seth 3 years, 11 months ago
Individual freedom
• The first point to note about the Constitution is its commitment to individual freedom.
• Remember Rammohan Roy protested against curtailment of the freedom of the press by the
British colonial state.
• It is not surprising therefore that freedom of expression is an integral part of the Indian Constitution. So is the freedom from arbitrary arrest.
• The infamous Rowlatt Act, which the national movement opposed so vehemently, sought to deny this basic freedom.
Social Justice
Classical liberalism always privileges rights of the individuals over demands of social justice and community values.
The liberalism of the Indian Constitution differs from this version in two ways.
• First, it was always linked to social justice. The best example of this is the provision for
reservations for Scheduled Castes and Scheduled Tribes in the Constitution. The makers of the Constitution believed that the mere granting of the right to equality was not enough to overcome age-old injustices suffered by these groups or to give real meaning to their right to vote.
• Special constitutional measures were required to advance their interests. Therefore the constitution makers provided a number of special measures to protect the interests of Scheduled Castes and Scheduled Tribes such as the reservation of seats in legislatures. The Constitution also made it possible for the government to reserve public sector jobs for these
groups.
Respect for diversity and minority rights
• The Indian Constitution encourages equal respect between communities.
• This was not easy in our country, first because communities do not always have a relationship of
equality; they tend to have hierarchical relationships with one another (as in the case of caste).
• Second, when these communities do see each other as equals, they also tend to become rivals (as
in the case of religious communities).
• It was important to ensure that no one community systematically dominates others. This made
it mandatory for our Constitution to recognize community based rights.
• One such right is the right of religious communities to establish and run their own educational institutions.
• Such institutions may receive money from the government. This provision shows that the Indian
Constitution does not see religion merely as a private matter concerning the individual.
Secularism
• The term secular was not initially mentioned; the Indian Constitution has always been secular.
• The mainstream, western conception, of secularism means mutual exclusion of state and religion
in order to protect values such as individual freedom and citizenship rights of individuals.
• The term mutual exclusion means this: both religion and state must stay away from the internal affairs of one another. The state must not intervene in the domain of religion; religion likewise should not dictate state policy or influence the conduct of the state. In other words,
mutual exclusion means that religion and state must be strictly separated.
• To protect religious freedom of individuals, therefore, state must not help religious
organizations. But at the same time, state should not tell religious organisations how to manage their affairs.
Rights of Religious Groups
• The Indian Constitution grants rights to all religious communities such as the right to establish and maintain their educational institutions. Freedom of religion in India means the freedom of religion of both individuals and communities.
State's Power of Intervention
• The state simply had to interfere in the affairs of religion.
• The state could also help religious communities by giving aid to educational institutions run by them.
• The state may help or hinder religious communities depending on which mode of action promotes values such as freedom and equality.
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