Justice and Rule of Law are perhaps two of the noblest concepts evolved by the wit of the man that survived the test of the time through out the world. To the Romans, Justice was a goddess whose symbols were a throne that tempests could not shake, a pulse that passion could not stir, eyes that were blind to any feeling of favor or ill-will, and the sword that fell on all offenders with equal certainty and with impartial strength. Ancient Indian culture pays a similar tribute to dispensers of justice and the Upnishads also proclaim that Law is the King of Kings. It is more powerful and rigid than they (Kings). There is nothing higher than law. By its power the weak shall prevail over the strong and justice shall triumph . Upholding Constitutional morality and judicial values is indispensable to ensure an individual his inalienable fundamental rights in the process of dispensing justice. But in the modern days there has been a precipitate diminution of admiration and a sharp erosion of the constitutional and judicial values which ought to actuate the administration of justice. Keeping the morality of the constitution or preserving, perfecting, and perpetuating it, has evolved as the greatest challenge for the contemporary States in the twenty first century. The essay aims at a critical evaluation of current status of Constitutional Morality and Judicial Values under Indian scenario.
In a democratic order the concept of constitutional morality and judicial values assume myriad dimensions and implies several consequences to the dignity and freedom of the individual. Constitutional morality means adherence to the core principles of the constitutional democracy. In Dr. Ambedkars perspective, Constitutional morality would mean an effective coordination between conflicting interests of different people and the administrative cooperation to resolve the amicably without any confrontation amongst the various groups working for the realization of their ends at any cost . For Ambedkar, moral fabric of the society, governed and the governance must be strong. In other words, public conscience, moral order and constitutional morality- ethics of politicians, that constitute the core of policy making, must be very sound and strong if democracy is to survive for the long period of progress and prosperity for the common people. Thus the scope of the definition of Constitutional Morality is not limited only to following the constitutional provisions literally but vast enough to ensure the ultimate aim of the Constitution, a socio-juridical scenario providing an opportunity to unfold the full personhood of every citizen, for whom and by whom the Constitution exists.
The values that are identified as fundamental by the Judiciary in administering justice are considered as judicial values. The courts being the intermediately between the people and the other organs of the state, is vested with power to scrutinize legislation and administrative actions on the anvil of the constitution and the law in matters brought before him. Sukra Neeti (IV-5-14-15) enumerates five vices,
(i) raga (leaning in favour of a party),
(ii) lobha (greed),
(iii) bhaye (fear),
(iv) dvesha (ill-will against anyone) and
(v) vadinoscha rahashruthi (the judge meeting and hearing a party to a case secretly, i.e. in the absence of the other party) which every judge should guard against to be impartial. Socrates counseled judges to hear courteously, answer wisely, consider soberly and decide impartially to guarantee judicial diligence.
Diligence, in the broad sense, is concerned with carrying out judicial duties with skill, care and attention, as well as with reasonable promptness. The constitutional umpires cant always browse through the Articles for solutions to the constitutional deadlocks; they should be guided by the spirit of the constitution, political morality and democratic ethics. Independent and fearless judiciary is primarily responsible for retention of the parliamentary democracy, protection of constitutional values and fundamental rights of the people.
The implications of Constitutional Morality without Judicial Values and judicial values without Constitutional Morality are equally absurd. Constitutional Morality is a sentiment to be cultivated in the minds of a responsible citizen but to be promoted by an independent judiciary embodied with values and ethics. Where judicial diligence is absent and judicial integrity is questioned Constitutional Morality cannot be upheld. The fruits of the morality of Constitution are enjoyed where the people can come to the courts to redress their grievances, and it is pertinent to note that it is not only important they are heard, but it is important, they believe they have been heard. Constitutional morality and judicial values are both inextricably entangled to deliver justice to the sovereign mandate. Morality envisaged in the constitution is meaningful when its judiciously protected for the welfare of the people. The judiciary being the custodian of Indian constitution is entrusted with obligation to incorporate judicial values in its undertakings to ensure the achievement of constitutional goals. To uphold the majesty of law and constitution for the public interests the constitutional morality shall be complemented and supplemented by the judicial values.
Constitutional Morality And Judicial Values In India, the largest democratic sovereign State has a Constitutional vision of justice which is lucid and lucent and its mission, committed towards peoples values. The Preamble spells out its pledge of justice, social, economic and political and We, the people of India are the beneficiaries of a Socialist, Secular and Democratic order. Constitutional morality and judicial values are both inextricably entangled to deliver justice to the sovereign mandate. Morality envisaged in the constitution is meaningful when its judiciously protected for the welfare of the people. The judiciary being the custodian of Indian constitution is entrusted with obligation to incorporate judicial values in its undertakings to ensure the achievement of constitutional goals. Ever since its inception the country witnessed the emergence of judiciary from a weak organ of the State to the most powerful instrument, with its judicial creativity, justly handcuffing the elements that are detrimental to Constitutional morality and judicial values. The founding father of our Constitution, Dr.B.R.Ambedkar warned the nation in its burgeoning stage itself the significance of strong adherence to the morality of the Constitution and judicial values. India
Constitutional Morality and Judicial Values: A Pre and Post Keshavandha Bharathi Case Analysis
Our constitution is a great evolving document whose meaning is so dynamic that new dimensions unfold themselves as time passes and zigzag developments overtake society. Inevitably, thoughts on the Constitution do not stand still as the dialectic of each period imparts fresh interpretation in the light of social change. The Constitutional history of India also has annals of such a pragmatic change in the construction and interpretation of the provisions of the Constitution. A critical analysis of the Pre- Keshavanandha Bharathi Case elucidates that an action is decided as in congruence to Constitutional Morality and Judicial Values when it falls within the ambit of the literal meaning of the constitutional provisions where the intention behind such provisions were generally ignored.
This permitted the plenary power of the Parliament to play with Constitution ensuing a tussle between the Judiciary pleading for the citizens inalienable fundamental rights and the State pleading for social welfare producing forty second Amendments in Indian Constitution soon after the country celebrated its independences silver jubilee. But, by a stoke of judicial creativity, in the Keshavandha Bharati Case, the court discovered the existence of a basic structure and basic features too inviolably paramount to be truncated even by the Constituent power of the Parliament and upheld the spirit of Indian Constitution which is easily discernable not only from the Preamble but the whole scheme of the Constitution. Thus the contemporary deduction is that an action in accordance with the Constitutional Morality and judicial values may be in congruence with the Constitutional provisions, but an action in accordance with the constitutional provision may not uphold Constitutional morality always.
Constitutional Morality and Judicial Values in imparting individual, social, political and judicial justice
The significance of Constitutional Morality and Judicial Values to impart individual, social, political and judicial justice is discussed in a nut shell with reference to Part III, IV and V of the Indian Constitution.
Part III, considered as the soul of the Basic structure of the Constitution is described as transcendental, inalienable and primordial, occupies a unique place in the lives of civilized societies ensuring individual justice.
In A.K. Gopalan .v. State of Madras, a three pronged argument that:
# The word law in Article 21 does not mean merely enacted law but incorporates principles of natural justice so that a law to deprive a person of his life of personal liberty cannot be valid unless it incorporates these principles in the procedure laid down by it
# That the reasonableness of the law of preventive detention ought to be judged under Article 19
# The expression procedure established by law introduces into India the American concept of procedural due process which enables the courts to see whether the law fulfils the requisite elements of a reasonable procedure;
was all rejected by the Supreme Court, but after three decades, through a highly creative pronouncement in the landmark post-emergency case, Maneka Gandhi .v. Union of India , the Supreme Court overruled the judgment delivered in Gopalan Case. When the court followed the meaning incorporated in Article 21 without considering the intention behind the Article in nexus with Constitutional objectives, it resulted in a traumatic experience where personal liberty had reached its nadir to the citizens during emergency (1975-1977). The impenetrable question is whether the Judiciary is accountable to its earlier decision which was against judicial values and constitutional morality.
Part IV is the grund norm for social welfare legislations in the Indian Constitution and its harmony with fundamental rights is an essential feature of the Basic Structure of the Constitution that embodies the social justice principle. Insertion of the Ninth Schedule to the Constitution for validating the various Land Reforms Acts, amending the Constitution such as to remove the Ninth Schedule from judicial scrutiny and amending the fundamental Right to Property as a legal right, in the name of implementing Directive Principles of State Policy are classic examples of questioning the morality of the Constitution that has far reaching detrimental consequences to the society and it depicts how a political party with two-third majority in Parliament for five years can establish totalitarianism and enslave the people, the so called sovereign mandate!. The perplexing question is whether democratic justice can be achieved by curtailing individual justice guaranteed in Part III.
Part VI, Chapter II of the Constitution deals with the appointment of Governors in States, which is done in accordance to the whims and fancies of political parties ruling the Government, endowed by oath to impart political justice to the ruled. Dr. Ambedkar laid stress on the importance of Constitutional morality and called for a paramount reverence to the Constitutional forms ignoring the pressing demands of expediency of adversarial politics. Thereafter the governance of the country was bent to cater to the needs of adversarial politics. Imperviousness to Constitutional morality thereafter has become the tradition. Today Constitution has been wrenched to accommodate market and religious fundamentalism, though both have no place in the Constitutional scheme of things. The Governors post has been treated as a sinecure for mediocrities or a consolation prize for what are sometimes referred to as burnt out politicians. Governors have been used to topple ministries and for providing reports of Constitutional breakdown for imposing President Rule. . The confounding question arises is what/who will prevent the misuse of public offices and uphold the spirit of the Constitution.
Thus the justice envisaged in the Constitution is meaningless in the absence of individual or social or political justice and is a mirage if Constitutional Morality is not upheld and judicial values not preserved.
Diffusion of constitutional morality and judicial values for democratic justice?Democratic justice envisages the principle greatest justices to greatest number of people, but lead to several questions, can a relief granted by the court which is against the spirit of the Constitution not in congruence with the provisions of Constitution and judicial values but satisfies the majority needs be upheld? Whether the Basic Structure Doctrine which is built on the basic foundation, i.e. the dignity and freedom of the individual, be revoked alleging it limits the scope of executive actions and thereby against democratic justice.? Dr.Ambedkar pointed the importance of diffusion of constitutional morality for successful working of a constitution. He opined, while introducing the Draft Constitution in the Constituent Assembly, that the form of administration has a close link to the form of the constitution and that the form of administration must be appropriate to and in the same sense as the form of the constitution. He was alive to the fact that it is perfectly possible to pervert the constitution, without changing its form, by merely changing the form of the administration and to make it inconsistent with and opposed to the spirit of the constitution He points out that the community must be saturated with constitutional morality. There never was in these sixty years was there that diffusion of constitutional morality which he expected from the people who aspired for self governance.
Diffusion of Constitutional morality and lack of judicial values indicates fraud on constitution?The question posed is whether colorable legislation amounts to diffusion of Constitutional morality and judicial values? The Doctrine of Colorable Legislation elucidates the principle that what cannot be done directly cannot be done indirectly, that can be well illustrated through this epitome.
The entire basis of Article 123 in bestowing legislative power to the executive rests on two factors:
(i) Though the ordinance is issued in the name of the President, the responsibility for making the ordinance rests wholly with the Cabinet; and
(ii) even if an ordinance is promulgated during the inter-session period, the Cabinet, while issuing the ordinance, should depend on the existence and the continued support and confidence of Parliament.
From this it is clear that, only a Cabinet that enjoys continued support in both Houses of Parliament has, constitutionally and morally, the competence and power to go in for an ordinance. If a government issues an ordinance when it lacks the legislative strength to have a bill containing the same provisions of the ordinance passed by Parliament, then it is an abominable misuse of the constitutional powers provided in Article 123. In issuing the proclamation of POTO, the Janatha government relied on the words of Article 123 without following the spirit and morality of the Constitution. Unless the moral values of a Constitution are upheld at every stage, mere written words in it will not protect the freedom and democratic values of the people. This aspect of constitutional morality was strongly insisted upon by Dr. Ambedkar in the Constituent Assembly itself.
While moving the Draft Constitution in the Assembly on November 4, 1948, Dr. Ambedkar quoted Grote, the historian of Greece, who had said: "The constitutional morality, not merely among the majority of any community but throughout the whole, is an indispensable condition of government at once free and peaceable; since even any powerful and obstinate minority may render the working of a free institution impracticable without being strong enough to conquer the ascendancy for themselves." It is quite possible to pervert the Constitution without changing its form. That is exactly what is taking place in India. That was exactly what Adolf Hitler did in Germany. Without altering the form of the Weimar Constitution, he destroyed the entire constitutional spirit and, in the end, the Constitution itself. Prof. Wadhwa in D.C.Wadhwa .v. State of Bihar gives a quotation from the Roman legalist Julius Paulus (B.C. 204): "One who does what a statute forbids transgresses the Statute; one who contravenes the intention of a Statute without disobeying its actual words, commits a fraud on it.
Auto-limitation and Self-scrutiny by the judiciary: vitiates Constitutional morality and judicial values?
Judiciary, an independent branch of government constitutionally entrusted with the fair and just resolution of disputes is pledged to preserve the rule of law and to protect the rights and liberties guaranteed by the Constitution and laws of the Land. It is entrusted to provide equal access to a fair and effective system of justice for all without excess cost, inconvenience, or delay, with sensitivity to an increasingly diverse society and quality service that continuously improves, that meets or exceeds public expectations, and that ensures that all are treated with courtesy, dignity, and respect, maintaining its independence from other branches of the Government and upholding justice.
But a potential question is when the Judiciary ensures Constitutional Morality who guarantees promotion of judicial values. There are allegations that some judges are showing favoritism and some are inefficient, some judgments usurp the powers of executive and legislature, some judgments are trying to rewrite the Constitution by giving innovative interpretations of the Constitutional provisions in order to restrict the power of parliament in making laws and to capture more powers for the judiciary, some judgments ignore the interest of the poorer sections and oppressed and restrict the efforts to ameliorate their condition by social intervention, some judgments show intolerance to mass struggles and mass organizations and some judgments ignore the interest of the common people by their complete surrender to the globalization philosophy.
With the advent of time the ordinary men reasoned these allegations as truths rather than a mere allegation, and resulted in increasingly loosing confidence in the judicial system. Judiciary which auto limited its on jurisdiction reasonably and ousted its jurisdiction judiciously when it required to do so is outside the scope of public scrutiny and lacks accountability, unlike the other organs of the State. When it emerges as a tyrant the little mans final hope to get justice becomes a delusion which raises the serious question, whether the morality of the Constitution ensuring Justice- social, economical is upheld?. When the judiciary, obliged to ensure judicial values like fairness, equality and integrity lacks accountability whether it has rendered justice? Such a scenario signifies the need for a vigilant public determined to safeguard the Constitutional objectives.
The Constitution embodied with the will of the people to govern them is not an end but a means to an end i.e. Justice, Social, Economic and Political, a triune phenomenon inscribed as a pledge in the Preambular glory of our Constitution and the adherence to Constitutional Morality and Judicial Values is inalienable in accomplishing it. Let heaven falls, but justice shall triumph! In the presence of a Constitution embodying every human aspect for safeguarding the morality of individual and ensuring judicial values, if things go wrong under the Constitution the reason will not be that we had a bad Constitution. What we will have to say is that Man is vile!
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The Constitution of any country serves several purposes. It lays down certain ideals that form the basis of the kind of country that we as citizens aspire to live in. A country is usually made up of different communities of people who share certain beliefs, but may not necessarily agree on all issues. A Constitution helps serve as a set of principles, rules and procedures on which there is a consensus. These form the basis according to which the people want the country to be governed and the society to move on. This includes not only an agreement on the type of government but also on certain ideals that the country should uphold. The Indian Constitution has certain core constitutional values that constitute its spirit and are expressed in various articles and provisions. In fact, in a layman’s understanding, value is that which is very essential or ‘worth having and observing ’for the existence of human society as an entity. The Indian Constitution Contains all such values, the values that are the universal, human and democratic of the modern age.
The constitutional values are reflected in the entire Constitution of India, Its Preamble embodies ‘the fundamental values and the philosophy on which the Constitution is based. These are: sovereignty, socialism, secularism, democracy, republican character, justice, liberty, equality, fraternity, human dignity and the unity and integrity of the Nation.
Moreover, teaching about constitution does not merely mean giving information and knowledge in the classroom, but it also covers all modalities which could sensitize a person, awaken his/her conscience and develop an attitude of behaving decently in a social set up.
STATEMENT OF AIM
A Study of Awareness of Constitutional Values and their Achievement in the views of Student Teachers
OBJECTIVES OF THE STUDY
- To create awareness about the constitutional values and objectives written in the Indian Constitution.
- To ascertain the views of student teachers regarding the achievement made in respect of each of the values /objectives in the present context in India.
SIGNIFICANCE OF THE STUDY
The research can be relevant to all the stake holders of the society, policy makers, curriculum engineers, teachers and students as this study throws light on the various constitutional values and objectives. This research is useful in sensitizing the student teachers and makes them understand about the various aspects of constitution so that they are able to understand the complexity of the various social issues of our country.
SCOPE AND DELIMITATION
The data was collected from student teachers of Bombay Teachers’ Training College of Education and not from any other college of Education. The student teacher consisted of 41 student teachers and not in-service teachers. The medium of instruction was English and not in any other vernacular language.
METHODOLOGY OF THE STUDY
The aim of the research was to create awareness about constitutional values and objectives and then to know their views on the level of achievement of these values in the present context. The peresent study is quantitative study (Descriptive Survey)
Sample of the study included 41 student teachers from Bombay Teachers’ Training College in Mumbai.
TOOL OF RESEARCH
The tool was constructed by the researcher. The tool consisted of 9 constitutional values/ objectives which are Social & Economic justice, Liberty of status and opportunity , Equality of status and opportunity, Unity and integrity of the nation, Abolition of untouchability, International peace & security, Universal adult franchise, Sovereignty with the people of India, Independence of Judiciary.
The constitutional values and objectives were stated in one column. Student teachers had to express their view of achievement made in respect of each of the values /objectives in our country by awarding marks to each value mentioned in the tool on the scale 1 to 10 marks.
For the present study descriptive analysis was used. Mean and Standard Deviation were used to find out the level of achievement.
To achieve the first objective student teachers were oriented on various constitutional values which are imbibed in the constitution and the focus of teaching and learning was on the constitutional values and objectives. To achieve this task sessions were planned, structured and designed to teach the basics of Constitutional values and objectives to student teachers. Lectures were organized with the help of cooperative learning strategies and with learning tasks, achievable objectives, open questions and activities. Various aspects of the constitutional Values and objectives were discussed in the class as follows:-
PHILOSOPHY AND IDEALS OF THE INDIAN CONSTITUTION
|The philosophy and ideals of the Indian Constitution are reflected in the Preamble to the Constitution of India. To understand the philosophy and ideals of the Indian Constitution, we must know the Preamble in the first place.|
| The Preamble of the Indian Constitution says: “WE, THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;|
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.” From the Preamble we can understand the philosophy and ideals of the Indian Constitution–
India as a Sovereign state: The Preamble declares India as a sovereign state. It is free from any external control. No foreign power can interfere in the internal affairs of India. India can determine her foreign affairs according to her free will.
India as a Socialist state: It means the Constitution of India has a great objective to secure social and economic equality and fair distribution of wealth among all sections of people in the country.
India as a Secular state: The characteristic of Indian secularism is that India does not recognize any religion as the official or state religion and treats all religions equally.
India as a Democratic state: The Preamble describes India as a democratic state. The prime philosophy and ideal of the Indian Constitution is to make India a democratic state. India is regarded as the largest democratic state in the World. According to Abraham Lincoln, “Democracy is by the people, for the people and of the people.”
To ensure Justice: Justice implies that the Government will try to promote the welfare of all the sections of the people. The Preamble embraces three types of Justice- social, economic and political. To ensure Social Justice the Constitution has made special arrangements for the weaker sections of the society, abolished untouchability, provided free education up to a certain standard, etc. With a view to providing political justice, the Constitution has introduced the principle of universal adult franchise and has given an equal right to all adult citizens to be elected or appointed to public services. Economic justice implies that the Constitution seeks to ensure economic security for the common people and to do way with unequal distribution of income and wealth.
To ensure Liberty: The other important philosophy and ideal of the Indian Constitution is to ensure liberty to its citizens for the all round development of their personality.
To ensure Equality: Equality is the basis of a democratic state. Equality is necessary for the development of a society.
To promote Fraternity among the people: The term fraternity has been incorporated in the Preamble as a means of assuring the dignity of the individual and the unity and integrity of the nation. The term ‘dignity of the individual’ means that the personality of the individual should be recognized, because, the recognition of the personality and the dignity of the individual is an essential condition to promote fraternity among the people.
India as a Welfare state: India is committed to the ideal of a welfare state and must establish socio- economic justice.
ANALYSIS OF THE SECOND OBJECTIVE – For the Descriptive Analysis, data was analyzed using the mean and standard deviation.
|Sr. No.||Constitutional Values/Objectives||Mean Value||Level of Achievement in present context||Achievement in terms of Grades|
|1||Abolition of untouchability||7.66||High Achievement made in respect of Constitutional values/objectives||A|
|2||Universal adult franchise||7.22|
|3||Sovereignty with the people of India||6.51||Moderate Achievement made in respect of Constitutional values/objectives||B|
|4||International peace & security||6.37|
|5||Independence of Judiciary||6.32|
|6||Unity and integrity of the nation||6.22|
|7||Liberty of status and oppurtunity||6.20|
|8||Equality of status and opportunity||5.90||Low Achievement made in respect of Constitutional values/objectives||C|
|9||Social & Economic justice||5.39|
The above table shows 3 levels of grading of achievement of values in the present context in the views of the student teachers.
In level A grading, achievement of constitutional values shows high mean scores on Abolition of untouchability i.e.7.66 and Universal adult franchise i.e. 7.22.
In level B grading, achievement of values shows moderate mean scores on five constitutional values. They are Sovereignty with the people of India i.e. 6.51, International peace & security i.e.6.37, Independence of Judiciary i.e.6.32, Unity and integrity of the nation i.e.6.22 and Liberty of status and oppurtunity i.e.6.20.
In level C grading, achievement of values shows low mean scores on Equality of status and opportunity i.e. 5.90 and Social & Economic justice i.e.5.39
This signifies that the probable reasons for the above result may be that in India we have been able to eradicate untouchability to a large extent and right to vote is exercised all over the country without any biases ,restrictions and irrespective of religion. Hence student teachers have rated these two values high on the level of achievement. The student teachers may have felt that there is more awareness regarding the abolition of castes and the Indian society has progressed and have become more liberal in thinking.
More over the researcher think that India has managed to substantially reduce the absolute poverty of her citizens, and even in terms of relative poverty, still lifted millions of people from the stark poverty levels of the pre-independent India. India has by and large managed to emerge as “prosperous, democratic and progressive Nation”, and has successfully “created sound social, economic and political institutions which will ensure justice and fullness of life to every man and woman”
Student teachers have rated moderate level of achievement in five values of Liberty of status and opportunity, Unity and integrity of the nation, International peace & security, Sovereignty with the people of India, Independence of Judiciary. The probable reasons may be that India has strong networking with other countries and still striving for maintaining peace and harmony with in the country and with other countries. Moreover India has powerful judiciary system which conveys the message that all are equal before law.
The current education system which consists of reservation for minorities, OBCs and women in education creates a sense of hatred towards them by the other communities and divides the nation. Most of the communities believe that they are not getting equal opportunities in education system because the reserved categories are given more preference. So, others also ask for reservation and quota system and create conflicts.
The researcher feel that the main objectives of reservation are to uplift lower strata of society, ensure proper political representation of minority groups and ensure that minorities are not discriminated in education, job selections and promotion. To achieve these objectives, there is no need to put reservation system in education. Everyone must be treated equally.
Thus the study overall, brought out that it is easy to change the constitution and introduce amendments in it but it is very difficult to bring about a change in the mind-set of the people and the society as a whole. We still are struggling to bring about a change in the way people think of and treat the under privileged, women and the socially and economically backward classes.
Education plays an important role to change the thinking of the people. The right to education and other opportunities are for everyone irrespective of the caste, creed, gender and class. We need to accept all and leave none as long as education in India is concerned.
Quoting the words of Pandit Jawaharlal Nehru:
“We have to build the noble mansion of free India where ‘ALL’ her children may dwell”, and this mansion needs to be built by its dwellers, all of them, and all of us, and only then will we be united and free and equal in the true sense.”
- Austin, Granville (1996), ³ The Indian Constitution: Cornerstone of a Nation´, Oxford: Clarendon Press, p. 308.
- Nehru, Jawaharlal (1949), ³ ‘Independence and after´, New Delhi: Publication Division, Govt. of India, p.375
- Wheare, K.C.(1964), ³Modern Constitutions´, London: Oxford University Press,p.98.
- Frankfurter, Felix (1961), ³Mr. Justice Holmes and the Supreme Court´, Cambridge: The Belknap press of Harvard University Press, P.59.
- Kashyap, S.C.(1995), ³Our Constitution´, New Delhi: National Book Trust, India,p.51.
- Basu, D.D.(1991), ³ Introduction to the Constitution of India´, New Delhi
Author: Dr. Manisha Tyagi
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