Constitutionalism and Rule of Law

Abstract

Abstract Ambedkar thought that as an institutional complex the state needs to be clear about its objectives. In the Indian Constitution, he paid close attention to the preamble in this regard, revamping Jawaharlal Nehru’s formulation. While he argued for the fundamental rights of citizens, he did not regard them any one of them as absolute and pleaded for considering them as a whole and not discretely. He sought positive interventions of the state for the enablement of citizens and to protect the context of rights. While he upheld the principle of separation of powers and considered federalism as a commendable device to manage large and diverse polities, he argued that it is not a stand-alone principle but needs to be in consonance with constitutional objectives. A constitutional scheme would succeed only if there was general deference to constitutional morality, which, he argued, is habitual fealty to constitutional provisions.