Indian Constitution : Basic Concepts & Introduction of Constitution

Introduction

A Constitution is a document of people’s faith and aspirations possessing a special legal sanctity. A Constitution is the fundamental law of a country. It is the rulebook of a nation, which regulates the society and its laws. There are various forms of government prevalent across the world. It is the philosophy embodied in a nation’s constitution which determines the kind of government present there.

Functions of the Constitution

A Constitution, whether it is written or unwritten, always has several functions, some of which are as follows:

a) Expression of Ideology: It reflects the ideology and philosophy of a nation state.

b) Expression of Basic Law: A Constitution presents basic laws, which can usually be modified or replaced through a process of amendment. Generally, there are special laws too, which focus upon the rights of the citizens; for instance, rights concerning freedom of speech, religion, assembly, press etc.

c) Organizational framework: It provides an organizational framework for the government. It defines the functions of legislature, executive and judiciary, their inter-relationship, restrictions on their authority etc.

d) Levels of Government: A Constitution generally explains the levels of different organs of the Government. Whether it is federal, confederation or unitary, is usually described by the Constitution. It may also delineate the powers of national and provincial governments.

e) Provisions for amendment: As it would not be possible to foretell all possibilities in future with great degree of accuracy, there must be sufficient provisions for amendment of the Constitution. So, it should contain a set of directions for its own modifications. Inherent capacity to change according to changing times and needs help any system to survive and improve.

Example: The Soviet Constitution was mostly an expression of ideology and was less an expression of organizational set up. The American Constitution is more an expression of governmental organization and a guideline for the power relationship of the regime than an expression of the philosophy of the government of the day.

Understanding the Constitutionalism

The Soviet Constitution was mostly an expression of ideology and was less an expression of organizational set up. The American Constitution is more an expression of governmental organization and a guideline for the power relationship of the regime than an expression of the philosophy of the government of the day.

A limited government is a political system in which legalized governmental power is restricted by law, usually the constitution. Countries with limited governments have laws about what government can and can’t do. Any country that has a democratic governmental system is an example of one that is a limited government. Many countries throughout the world have a limited government, and a few examples are United States, England, Australia, Japan etc. In India, it is constitutionallylimited government, bound to specific principles and actions by the constitution.

According to K C Wheare and W G Andrews, Constitutionalism implies:

• Division of powers
• Acceptance of plurality of interests in society
• No authoritative or dictatorial leadership
• Minimum constraints on individual freedom

According to Carl J Friedrich, the division of powers is the most important basis of Constitutionalism. Constitutionalism may exist in a monarchy or republic, aristocracy or democracy, if there is division of power.

Constitutionalism in India

Constitutionalism in India is an amalgamation of the following underlying principles:

• Written Constitution,
• Responsible Government,
• Parliamentary Democracy,
• Rule of Law,
• Fundamental Rights,
• Separation of Powers and Checks and Balances,
• Flexibility of Constitution and its Basic Structure,
• A Federal Form of Government,
• Independent Judiciary and Judicial Review etc.

Characteristics of federalism

1. Two or more levels (or tiers) of government-generally federal (central) and provincial (state) govt.

2. Each tire has own JURISDICTION in specific matters of legislation, taxation and administration.

3. The existence and authority of each tier of government is constitutionally guaranteed.

4. The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.

5. Courts have the power to interpret the constitution and the powers of different levels of government.

6. Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.

7. The federal system has dual objectives:

• To safeguard and promote the unity of the country
• Accommodate regional diversity