THE CONSTITUTION OF INDIA
"Constitution is the way of life which the State has chosen for itself."
- Aristotle
Meaning and definition of Constitution:
The term Constitution is derived from Latin word 'Constitute' which means 'to establish'. The Constitution is the basic document of a State. It is the fundamental rules (of a State) which regulate the distribution of powers in the State or which determines the form of Government.
The term 'Constitution' is defined by several writers in different ways.
Aristotle defined a Constitution as "the way of life which the State has chosen for itself."
Dicey says that Constitution is the product of all those rules which affect the sovereignty of a State.'
Austin says that Constitution fixes the structure of supreme Government.
Lewis calls the Constitution 'the arrangement and distribution of the sovereign powers in the community, or form of government.'
Dicey says that Constitution is the product of all those rules which affect the sovereignty of a State.'
Austin says that Constitution fixes the structure of supreme Government.
Lewis calls the Constitution 'the arrangement and distribution of the sovereign powers in the community, or form of government.'
K.C. Wheare felt that a Constitution is "that body of rules which regulates the ends for which and the organs through which governmental power is exercised."
Lord Bryce, the Constitution of government is "the aggregate of laws and customs under which the life of the State goes on."
James McIntosh, Constitution is 'the body of those written or unwritten fundamental laws which regulate the most important rights of the higher magistrates and the nwst essential privileges of the subjects.'
Colley, an American jurist defines Constitution as " the fundamental law of the State containing the principles upon which government is founded regulating the division of the sovereign powers and directing to what persons each of these powers is to be confined and the manner in which it is to be exercised."
R.N. Gilchrist, "The Constitution of a State is that body of rules and laws written or unwritten which determines the of organisation of government and the general principles on which these powers are to be exercised."
C.F. Strong defines a these as "the collection of principles according to which the owers of the government, the rights of governed and the relation Pbetween the two. are adjusted."
James McIntosh, Constitution is 'the body of those written or unwritten fundamental laws which regulate the most important rights of the higher magistrates and the nwst essential privileges of the subjects.'
Colley, an American jurist defines Constitution as " the fundamental law of the State containing the principles upon which government is founded regulating the division of the sovereign powers and directing to what persons each of these powers is to be confined and the manner in which it is to be exercised."
R.N. Gilchrist, "The Constitution of a State is that body of rules and laws written or unwritten which determines the of organisation of government and the general principles on which these powers are to be exercised."
C.F. Strong defines a these as "the collection of principles according to which the owers of the government, the rights of governed and the relation Pbetween the two. are adjusted."
Gettell, the fundamental principles that determine the form of a State are called its Constitution.
The Constitution comprises the following distinctive features :—
(i) It is a body of rules, may be written or unwritten, i.e., it may be deliberate creation or may be gradually evolved;
(ii) It determines the powers of the organisation of the government and also the privileges of the subjects;
(iii) It also lays down certain rules of the organs of the government, their powers and their mutual relationships;
(iv) It may be in a single document or in several documents. It may be in a detailed form or in a short and brief form.
In nutshell, a Constitution is the fundamental law of a State and it varies from country to country. A Government of country is no longer run according to the whims and fancies of an individual but it is run in accordance to the Constitution.
The Constitution should be definite. Definiteness implies that it should not have ambiguities and obscurities of languages, because this may lead to conflicting interpretations. In other words, it should be concise and precise otherwise an ambiguously worded Constitution will depend for its interpretation on the whims of the judges. The language used in e constitution must be simple and clear.
A good Constitution should be conprehensive, and it should cover the whole field of government authority without any gaps. The powers of different organs of the government and various functionaries of the State must be clearlyt demarcated. The vital point is that a good Constitution does not omit the main fundamentals and at the same time it does not enter to needless details, since a detailed Constitution is also liable to give rise to Constitutional disputes in addition to invoking a sense of distrust.
Stability and flexibility are the two important requisites of a good Constitution. Tampering with the basic principles and structure of the Constitution is bound to weaken the allegiance of the people to the Constitution. At the same time, the Constitution should allow progressive change and growth in the absence of which Constitution becomes redundant and inflexible. A rigid and stable Constitution does not retain the qualities of adaptability and adjustability. The best Constitution is one which combines both the elements of rigidity regarding the basic structure and flexibility with their aspects.
A good Constitution must represent the needs of the time as well as the conditions of the country and should be suitable for social, political and economic needs of the people. Legal sovereign should coincide with political and social sovereign.
A good Constitution must provide and protect the rights of the people. It should remind the duties and obligations of people towards the nation and community. It should protect the individual liberty by providing for appeal to the law courts. The protection of rights has become a necessity in the modern democratic age.
(1) Constitution is essential to restrict the power of the government by a fundamental law. The Constitution has to impose certain restrictions both on the ruler and the ruled.
(2) Constitution provides the framework of a government. The organs of the government and the distribution of the sovereign power among those organs have to be clear demarcated to avoid confusion.
(3) Constitution is required to preserve individual freedom of 'life, liberty and pursuit of happiness'.
(4) Constitution is required to secure justice, liberty, equality and fraternity to all its citizens.
A Constitution provides the ultimate level of legality to th systems of ideas and institutional framework of a State. It provides an institutional structure of the State that is legitimate. It links a the philosophical and conceptual framework of a State with institutional position, powers, and functions in order to achieve its goals.
The author is a law student and loves sharing her knowledge with all. The intention is to enlighten people with general legal knowledge. The content of this article is taken from various sources for educational purpose.
The Constitution comprises the following distinctive features :—
(i) It is a body of rules, may be written or unwritten, i.e., it may be deliberate creation or may be gradually evolved;
(ii) It determines the powers of the organisation of the government and also the privileges of the subjects;
(iii) It also lays down certain rules of the organs of the government, their powers and their mutual relationships;
(iv) It may be in a single document or in several documents. It may be in a detailed form or in a short and brief form.
In nutshell, a Constitution is the fundamental law of a State and it varies from country to country. A Government of country is no longer run according to the whims and fancies of an individual but it is run in accordance to the Constitution.
Characteristics of a good Constitution
(1) Definiteness-
The Constitution should be definite. Definiteness implies that it should not have ambiguities and obscurities of languages, because this may lead to conflicting interpretations. In other words, it should be concise and precise otherwise an ambiguously worded Constitution will depend for its interpretation on the whims of the judges. The language used in e constitution must be simple and clear.
(2) Comprehensiveness-
A good Constitution should be conprehensive, and it should cover the whole field of government authority without any gaps. The powers of different organs of the government and various functionaries of the State must be clearlyt demarcated. The vital point is that a good Constitution does not omit the main fundamentals and at the same time it does not enter to needless details, since a detailed Constitution is also liable to give rise to Constitutional disputes in addition to invoking a sense of distrust.
(3) Stability and flexibility-
Stability and flexibility are the two important requisites of a good Constitution. Tampering with the basic principles and structure of the Constitution is bound to weaken the allegiance of the people to the Constitution. At the same time, the Constitution should allow progressive change and growth in the absence of which Constitution becomes redundant and inflexible. A rigid and stable Constitution does not retain the qualities of adaptability and adjustability. The best Constitution is one which combines both the elements of rigidity regarding the basic structure and flexibility with their aspects.
(4) Suitability-
A good Constitution must represent the needs of the time as well as the conditions of the country and should be suitable for social, political and economic needs of the people. Legal sovereign should coincide with political and social sovereign.
(5) Provision of rights and duties-
A good Constitution must provide and protect the rights of the people. It should remind the duties and obligations of people towards the nation and community. It should protect the individual liberty by providing for appeal to the law courts. The protection of rights has become a necessity in the modern democratic age.
Importance of a Constitution in Democracies
(1) Constitution is essential to restrict the power of the government by a fundamental law. The Constitution has to impose certain restrictions both on the ruler and the ruled.
(2) Constitution provides the framework of a government. The organs of the government and the distribution of the sovereign power among those organs have to be clear demarcated to avoid confusion.
(3) Constitution is required to preserve individual freedom of 'life, liberty and pursuit of happiness'.
(4) Constitution is required to secure justice, liberty, equality and fraternity to all its citizens.
A Constitution provides the ultimate level of legality to th systems of ideas and institutional framework of a State. It provides an institutional structure of the State that is legitimate. It links a the philosophical and conceptual framework of a State with institutional position, powers, and functions in order to achieve its goals.
DISCLAIMER-
The author is a law student and loves sharing her knowledge with all. The intention is to enlighten people with general legal knowledge. The content of this article is taken from various sources for educational purpose.
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