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    Constitution (Project)

    Uploaded by

    Aditya Raj

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Constitution (Project)

    Uploaded by

    Aditya Raj
    22 views5 pages

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    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    22 views5 pages

    Constitution (Project)

    Uploaded by

    Aditya Raj

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    Introduction

    The constitution of any country regulates the behavior between the individuals
    and the state. In simple words, constitutional means set of rules which governs
    an organization.
    In legal context, constitution is defined as the basic law of the country that
    outlines the framework and procedure of government, defines its powers and
    functions, provides how constitutional changes may be made and in a
    democracy usually guarantees the citizens certain protections against the
    arbitrary actions of the government.
    The term constitution has been defined by various Scholars/ Jurists. Some of
    them are given as under:-

     Lord Bryce -
    “Constitution is the aggregate of laws and customs under which the life of the
    state goes on”

     Thomas Paine and De Tocqueville -


    “Constitution means aggregate of only those written principles which regulates
    the administration of the State”

     K.C Wheare, Hood Philips and Gilchirst -


    “The term Constitution is used to denote all written and unwritten Principles
    regulating the administration of the State.”

     Aristotle-
    “A way of life the state has chosen for itself”
    Constitution has also been defined as,
    “Collection of Principles according to which the powers of the Government, the
    rights of the Governed (people) and the relation between the two are adjusted.”

    Thus, the constitution may be defined as the rules which regulate the structure
    of the organs of the government of a state and their relationship to each other
    and determines their fundamental functions. The constitution is the basic and
    the fundamental law that creates a system of government and provide a
    measuring scale against which validity of all other laws in determined or tested.
    Constitutions vary greatly from one country to another, reflecting the unique
    historical, cultural, and political contexts of each nation.
    Classification of Constitution

    Constitutions can be classified in various ways based on different criteria.


    Common classifications of constitutions are as follows:
    1. Written and Unwritten Constitutions:
     Written Constitution: A written constitution is one which is codified in
    a form of document. It explicitly lays out the fundamental laws and
    principles of a nation, as well as the organization and powers of its
    government.
    Examples - constitutions of India, USA, and Tanzania.

     Unwritten Constitution: Unwritten Constitution is not contained in a


    single document but is instead a combination of various sources,
    including statutes, conventions, judicial decisions, and historical
    documents. Unwritten constitution is not embodied in one comprehensive
    document.
    Example - constitutions of United Kingdom (Britain), New Zealand and
    Israel.

    2. Unitary and Federal:


     Unitary Constitution: In a unitary constitution, there is a single central
    government with all political power, and any regional or local
    governments derive their authority from the central government.
    Example - constitution of United Kingdom (Britain).

     Federal Constitution: A federal constitution establishes a system of


    government where power is divided between a central (national)
    government and subnational entities, such as states or provinces.
    Examples – constitution of USA.

    India is a federal system but with more tilt towards a unitary system of
    government. It is sometimes considered a “quasi-federal” system as it has
    features of both a federal and a unitary system.

    3. Flexible and Rigid:


     Flexible Constitution: Flexible constitution is one that can be easily
    amended through the same legislative process as ordinary laws.
    Example - constitution of United Kingdom (Britain) considered flexible
    because it can be amended by an Act of Parliament.

     Rigid Constitution: A rigid constitution is one that is relatively difficult


    to amend. Typically, amendments require a special and more complex
    procedure than regular legislation.
    Example -The United States Constitution.

    4. Democratic and Authoritarian Constitutions:


     Democratic Constitution: A democratic constitution is one that
    establishes a framework for a representative government where leaders
    are elected by the people through regular, free, and fair elections.

     Authoritarian Constitution: An authoritarian constitution is one that


    concentrates power in the hands of a single leader or a small group
    without meaningful checks and balances.

    5. Monarchical and Republican Constitutions:


     Monarchical Constitution: A monarchical constitution recognizes a
    hereditary monarch as the head of state. The monarch's powers and role
    may vary, but they often exist alongside an elected government. The
    United Kingdom has a monarchical constitution.

     Republican Constitution: A republican constitution establishes a non-


    hereditary head of state, typically elected by the people. The United
    States, has a republican constitution.

    The Indian Constitution

    The Indian Constitution is the supreme law of the Republic of India, adopted on
    January 26, 1950. It is one of the world's lengthiest and most detailed written
    constitutions. The document lays down the framework that demarcates
    fundamental political code, structure, procedures, powers, and duties of
    government institutions and sets out fundamental rights, directive principles,
    and the duties of citizens.

    Key Features of Indian Constitution:


    1. Lengthiest constitution
    It is the lengthiest and the longest constitution in the world. It has 395 Articles
    and 12 Schedules. Also, about 90 Articles have been added since 1951 and there
    have been more than 100 Amendments.

    2. Influence of Other Constitutions


    The framers of the Indian Constitution drew inspiration from various sources,
    including the United States, the United Kingdom, Canada, and Ireland. Dr. B.
    R. Ambedkar proclaimed with pride that the Indian Constitution was drafted
    after “ransacking all known Constitutions of the world.”

    3. Federal Structure with Unitary Features


    While India is a federal state with a division of powers between the central and
    state governments, it also contains unitary features. The Indian Constitution is
    considered “quasi-federal”.

    4. Parliamentary Form of Government


    The parliamentary system is established by the Constitution both at the Center
    and in the States. The prime minister’s position is more important in
    parliamentary systems.

    5. Independent Judiciary
    A single, integrated judicial system exists in India. The Supreme Court is at the
    top, the High Courts at the state level and district and other subordinate courts
    are below and are subject to the supervision of the High Courts.

    6. Fundamental Rights
    The Constitution's Part III states a list of six fundamental rights guaranteed to
    Indian citizens. Such rights cannot be revoked by anyone.

    7. Fundamental Duties
    Fundamental Duties in the Indian Constitution were introduced through the
    42nd Amendment Act of 1976. These duties were added to the Constitution to
    promote a sense of discipline, responsibility, and patriotism among the citizens.

    8. Rigid and Flexible


    The Indian Constitution is a combination or a blend of rigidity and flexibility.
    This combination is meant to protect the fundamental structure of the
    Constitution while allowing for necessary changes when the need arises,
    thereby making it a living and evolving document.
    Conclusion
    A constitution serves as the fundamental and supreme law of a nation, and it
    plays a crucial role in shaping the political, legal, and social systems of a
    country. Here are some of the key reasons why a constitution is important: is a
    vital document that forms the backbone of a nation's governance and legal
    system. It provides a framework for the protection of individual rights, the
    functioning of government, and the overall well-being of society. The
    importance of a well-crafted and respected constitution cannot be overstated, as
    it is the foundation upon which a just and orderly society is built. It establishes
    the framework for the rule of law. It outlines the rights and responsibilities of
    citizens and the government, ensuring that no one is above the law. This helps
    maintain order and prevent arbitrary exercise of power. Rights are enshrined in
    the constitution and serve as a safeguard against government abuse. It provides
    stability and predictability in governance. It sets out the rules and procedures for
    how a government operates, making it easier for citizens and officials to know
    what to expect. It can help define and reinforce a sense of national identity and
    unity by articulating the country's history, values, and aspirations.

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