This Gandhian respect for just law is enshrined in Article 14 of the Constitution, which guarantees equality before the law and equal protection of laws to all persons.
Published Oct 02, 2025 | 8:00 AM ⚊ Updated Oct 02, 2025 | 8:00 AM
A portrait of Mahatma Gandhi at the India-Pakistan border. (iStock)
Synopsis: The Indian Constitution remains a beacon of enduring values, many of which trace their roots to the philosophy of Mahatma Gandhi. Gandhism permeates the Constitution, shaping its provisions on equality, decentralisation, and socio-economic justice.
In an era marked by rapid globalisation and technological disruption, the Indian Constitution remains a beacon of enduring values, many of which trace their roots to the philosophy of Mahatma Gandhi. As the nation navigates complex challenges — from economic inequality to social fragmentation — Gandhi’s principles of equality, non-violence, and self-reliance offer a timeless moral compass.
This document, adopted on 26 November 1949, was not merely a product of legal drafting but a culmination of the freedom struggle’s ethical imperatives. While influenced by Western democratic models, such as those from the United States and Ireland, the Constitution embeds Gandhian ideals at its core, ensuring that justice, liberty, and dignity form the foundation of the republic.
This article explores how Gandhism permeates the Constitution, shaping its provisions on equality, decentralisation, and socio-economic justice, while highlighting judicial interpretations that have kept these principles alive in contemporary governance.
Gandhi’s encounter with racial discrimination in South Africa and caste-based injustices in India fueled his lifelong advocacy for human dignity. His approach was not one of rebellion against law but a principled engagement with it, emphasising that laws must be just to command respect.
A striking example is Gandhi’s decision to plead guilty during his trials under colonial laws, such as in the 1922 sedition case following the Non-Cooperation Movement. This act of civil disobedience underscored the rule of law: By accepting punishment, he exposed the moral bankruptcy of unjust statutes, compelling authorities to confront their inequities without resorting to violence.
This Gandhian respect for just law is enshrined in Article 14 of the Constitution, which guarantees equality before the law and equal protection of laws to all persons. As the bedrock of fundamental rights, it constitutionalises Gandhi’s vision of a non-discriminatory society, where no individual is privileged or disadvantaged based on birth, caste, or creed.
The Supreme Court has reinforced this through the basic structure doctrine, first articulated in the landmark Kesavananda Bharati v. State of Kerala (1973) case, declaring equality as an unamendable feature of the Constitution. This protects against arbitrary amendments, ensuring that the formal legal framework remains aligned with ethical justice.
The drafting process itself reflects Gandhian influence. Although Gandhi did not directly participate in the Constituent Assembly — having been assassinated in 1948 — his ideas permeated the deliberations.
Dr BR Ambedkar, the chairman of the Drafting Committee, acknowledged the freedom movement’s moral underpinnings, which Gandhi led. Historical records from the Assembly debates show members invoking Gandhi’s emphasis on equality to argue for robust fundamental rights.
Moreover, in 1946, Gandhi endorsed a proposed “Gandhian Constitution for Free India” authored by Shriman Narayan Agarwal, which outlined fundamental rights and duties, decentralised governance, and economic equity — elements that echoed in the final document.
Beyond equality, Gandhi’s concept of Swaraj — self-rule — extended far beyond political independence to encompass social and economic autonomy at the grassroots level. He envisioned India as a federation of self-sufficient village republics, where power flows from the bottom up, minimising centralisation that could breed exploitation.
This decentralised ethos is captured in the Directive Principles of State Policy (DPSP) under Part IV of the Constitution, which, though non-justiciable, guide state actions toward socio-economic welfare.
Article 40, for instance, directs the state to organise village panchayats and empower them with self-governance, directly embodying Gandhi’s Gram Swaraj. This vision was further actualised through the 73rd and 74th Constitutional Amendments in 1992, which established Panchayati Raj institutions and urban local bodies, reserving seats for women and marginalised groups to promote inclusive democracy.
These amendments have enabled over three million elected representatives at the local level, fostering participatory governance in rural areas.
Gandhi’s advocacy for economic self-reliance, symbolised by the charkha and Khadi movement, finds expression in Article 43, which promotes cottage industries on an individual or cooperative basis in rural areas. This counters the concentration of wealth in urban centres, aligning with Swadeshi principles to empower rural economies.
Similarly, Article 46 mandates the promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, reflecting Gandhi’s Harijan upliftment campaign against untouchability.
His focus on public health and temperance is embedded in Article 47, which calls for improving nutrition, living standards, and prohibiting intoxicating substances — principles that have influenced modern initiatives like the Swachh Bharat Abhiyan, launched in 2014 to achieve sanitation goals Gandhi championed.
The DPSPs also institutionalise Gandhi’s trusteeship doctrine, where wealth is held in trust for society’s benefit rather than personal gain. Articles 39(b) and 39(c) direct the state to ensure that material resources are distributed for the common good and prevent wealth concentration, echoing the Preamble’s commitment to social, economic, and political justice.
While critics note the non-enforceable nature of DPSPs, courts have increasingly harmonised them with fundamental rights, as seen in the Minerva Mills v. Union of India (1980) case, where the Supreme Court emphasised their role in achieving a welfare state.
The ethos of Ahimsa — non-violence — infuses the Constitution’s fabric, shaping not just provisions but the nation’s collective consciousness. Gandhi’s non-violent struggle influenced the Assembly to prioritise peaceful coexistence, evident in the Preamble’s resolve to secure fraternity and unity.
This principle extends to environmental stewardship, with recent judicial expansions interpreting Article 21’s right to life to include a clean environment, as in the Vellore Citizens’ Welfare Forum v. Union of India (1996) case, aligning with Gandhi’s harmony with nature.
Judicial interpretations have breathed new life into these Gandhian elements. In the Maneka Gandhi v. Union of India (1978) case, the Supreme Court broadened Article 21 to encompass personal liberty beyond mere physical restraint, incorporating due process and fairness — principles resonant with Gandhian dignity.
This “golden triangle” of Articles 14, 19, and 21 has been invoked in numerous rulings, such as the Navtej Singh Johar v. Union of India (2018), which decriminalised homosexuality, upholding equality and non-discrimination. More recently, in the 2023 Supriyo v. Union of India case on same-sex marriage, while not granting full recognition, the Supreme Court reiterated dignity as a core constitutional value, drawing implicitly from Gandhian humanism.
Despite these integrations, the Constitution’s centralised framework has drawn criticism for diverging from Gandhi’s purist decentralisation. Gandhi himself expressed reservations about the draft, favouring a more village-centric model over parliamentary democracy.
Yet, this tension underscores the document’s adaptability: It balances Gandhian ideals with practical governance needs in a diverse nation. The Indian Constitution is not a static legal text but a living embodiment of Gandhism, codifying the values of equality, decentralisation, and ethical justice that propelled the freedom struggle.
As India faces contemporary issues like economic disparities and climate change, these principles remain vital. Programs such as Mahatma Gandhi
National Rural Employment Guarantee Act (MGNREGA), which guarantees rural employment, and Aatmanirbhar Bharat, promoting self-reliance, demonstrate their ongoing relevance.
By anchoring the republic in Gandhi’s vision, the Constitution ensures that progress is measured not just by material growth but by the upliftment of the last person in society — true Sarvodaya. As we commemorate Gandhi’s legacy, recommitting to these ideals is essential for India’s democratic journey.
(Views are personal. Edited by Muhammed Fazil.)
