Ambedkar's ideas on constitutionalism. (UPSC CSE Mains 2020 - Political Science and International Relations, Paper 1)
- The principles of liberty, equality and fraternity formed the core of Ambedkar’s constitutionalism. He considered fraternity to be “only another name for democracy”. Constitutionalism is closely connected with liberalism. The rule of law is central to the idea of constitutionalism. It aspires to create a social and political order that seeks to provide justice to all sections of society. The State system is particularly required to work for the promotion of justice.
- All those who aspire to rule or govern with the consent of the people recognize democracy as the principal guarantor of political legitimacy. Democracy is desirable because it nurtures development and is mindful of justice. It alone provides a credible covenant for an egalitarian and inclusive social order. In all democratic countries, sovereignty lies with the people. However, the concept of constitutionalism demands that elected representatives and government officials act in terms of the limitations on power and the procedures which are set out in the Constitution. This is called constitutional morality.
- Justice is rightly viewed as fairness and equity. This can be secured only by just laws and just institutions. Only just laws and just institutions can secure people to behave in conformity with laws. B.R. Ambedkar viewed justice in a broader perspective in the context of Indian democracy and related it to society, polity and economy. He talked of social justice, political justice and economic justice. He also highlighted the need for constitutional morality. Constitutional morality is of enormous value both for the formulation of just laws and their interpretation by the courts and for implementation by the executive. This would also induce people to demand the proper functioning of institutions of governance. Ambedkar rightly reflected: “Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic”.
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