History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.18

v7.c96.s2.18

Some criticism may be offered against the Constitution. In the first place, it is extremely bulky and goes into too many details and is a hotchpotch of provisions from several sources. Some provisions are derived from England, the directive principles of State policy are derived from the constitutions of Ireland and other countries of Europe, some are borrowed from the Government of India Act of 1935. Several of these need not have been put in a Constitution but should have been left to ordinary legislation. In spite of such a lengthy constitution there are many omissions. Nothing is expressly said about political parties, about industrial corporations, about relation of religions and the State. The Constitution makes a complete break with our traditional ideas. Dharmasūtras and Smṛtis begin with the dharmas (duties) of the people (varṇas and āśramas). Prime Minister Pandit Nehru himself says in his Azad Memorial Lectures on 'India to-day and to-morrow' (1959) p. 45 'All of us now talk of and demand rights and privileges, but the teaching of the old dharma was about duties and obligations. Rights follow duties discharged.' Unfortunately this thought finds no place in the Constitution