Constitution is at the base of the foundation of every nation. It includes the entire procedure or way that how a particular state and the people residing within it will act. Here in this article, we will discuss about what basically a Constitution is, what are it's functions, concept of Constituitionalism and what is the general layout of a typical constituition before heading towards the depth of constitution in later sections.
What is Constitution ?
🔹Constitution is a supreme law that defines a state and rights of its citizens. It establishes a relationship between states and it's citizens.
🔹Constituition even sets up the various institutions and political, social, economic, cultural and human values in a country.
🔹A constitution is basically a set of rules and principles that determine the duties and powers of the government. It provides a blueprint for governance and ensures that individual's rights, needs and interests are taken care of.
🔹The constitution is a legal document having a specific legal validity. The framework regarding the formation of the basic institutes of states is vested on it. It specifies the core principles governing the functioning of various institutes of India.
🔹Also, it paves the way to attain core socio-political values through Directive Principles of State Policy.
🔹The constitution determines the framework of government and mentions the policies to be followed by the government bodies of the state. Since India is a democratic country, it's constituition guarantees certain fundamental rights to the citizens.
🔹In a nutshell, a constitution is a rule book of nation which governs the society and it's laws.
Functions of Constitution
1. It provides an organisational structure for the government. It defines the functions of the legislature, executive and judiciary and their interrelationship.
2. It helps in maintaining the law and order in the society.
3. It generates a degree of trust and coordination that is necessary for different kind of people to live together.
4. It helps in smooth governing of the nation. The decentralisation of power at central, state and regional level avoids the chances of conflict between different forms of government.
5. It specifies how the government will be constituted, who will have the power to take which decisions.
6. It outlines the limits on the powers of the government and what the rights of the citizens are thus strengthening the control of citizens in the government.
7. It expresses the aspirations of the people about creating a good society.
What is Constituitionalism ?
⬥Besides the concept of the Constitution, there is an important idea of Constituitionalism. A country may have a Constitution but not necessarily Constituitionalism. For example, a country in which the dictator’s word is the law can be said to have Constituition but not Constituitionalism. Constitution ought to be saturated with Constituitionalism and have certain restrictions on the power of different organs of the government in order to safeguard fundamental rights of an individual.
⬥There is a basic difference between both the concepts that the constitution should not just grant powers to different institutions of government but additionally seek to limit those powers. "Constituitionalism perceives the requirement for the government to have social control but additionally demands restrictions being set upon governmental powers with constant checks."
⬥ In simple words, "the system which compels the system or rulers to stay within the jurisdiction through written or unwritten constituition is called Constituitionalism."
⬥ Constituitionalism implies that the political power will be exercised within the limits , restrictions, controls and rules. It visualizes balanced governance where the powers of executive and legislature are under some limitations; otherwise it may threaten the freedom and opportunity of individuals and lead to oppressive and anarchist government.
According to K.C.Whayer and WG Andrews, constitutionalism means :
(i) Division of powers, not centralization of powers
(ii) Acceptance of majority interests in society
(iii) Absence of the authoritarian or the authoritarian leadership
(iv) The imposition of minimal restrictions on personal liberty.
Elements of Constituitionalism
• Written Constitution
• Fundamental Rights
• Decentralisation of Powers
• Independent Judiciary
• Judicial Review
• Free and Fair Elections
• Rule of law
• Separation of Powers
• Federalism
➠The Constitution along with the concept of Constituitionalism promotes the principle of ‘Rule of Law’.
Layout of a Typical Constitution
The layout of a typical constitution might resemble the following:
1. Preamble: A statement of the overarching motives and goals of the constitution-making exercise, sometimes referring to important historical events, national identity or values.
2. Preliminaries: A declaration of sovereignty or of basic principles of government; the name and territory of the state; citizenship and franchise; state ideology, values or objectives.
3. Fundamental rights: A list of rights, including their applicability, enforcement, limitations, suspension or restriction during a state of emergency.
4. Social and economic rights or policy directives.
5. Parliament or legislature: It's structure, composition, terms of office, privileges, procedures, etc.
6. Head of state: The method of selection, powers, terms of office.
7. Government (in a parliamentary or semi-presidential system): government formation rules, responsibility, powers.
8. Judiciary: Court system, judicial appointments, judicial independence, public prosecutors.
9. Sub-national government: Federal or devolved powers, local government.
10. Provisions for referendums.
11. Institutions of the so-called integrity branch (electoral commission, ombudsman, audit institution, etc).
12. Security sector: Ranks, power, restrictions on military power.
13. Other miscellaneous provisions: Special provisions for particular groups, language laws, particular institution, etc.
14. Amendment procedures, implementation timetable and transitionary provisions.
Hope the article would provides you the basic understanding of the Constitution.
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