A Civil Servant’s Adieu

Abstract

Contrary to Rau’s ideas, the framers of the Indian constitution, however, were deeply influenced by the political history that preceded the meeting of the Constituent Assembly. As a result, the framers privileged not only Fundamental Rights but also the postcolonial State and the latter’s right to intervene for the cause of social justice. Interestingly, the idea that mainly underscored this act of privileging was not so much to come together to create a state by submitting individual wills (as theorized by social contract theorists, for instance) but rather there was a deep mistrust between the different political interests that were at work in the Constituent Assembly. Thus, by the time of the drafting of the Indian constitution, political history played a dominant role, with norms giving way to a history of politics.