Constitution

Introduction

A constitution by definition is a set of fundamental policies and precedents that  It is essential to consider that the entire structure of the government, as well as the many values that bind the institutions of government, have their origins in the Indian Constitution. The Constitution establishes a collection of basic laws that allow for the least amount of cooperation among members of society. Coordination and assurance are permitted by the Constitution: It establishes a set of fundamental norms that allow for minimal coordination among members of society.

The Main Functions of a Constitution

• The first function of a constitution is to provide a set of basic rules that allow for minimal coordination among members of society
• A constitution’s second function is to specify who has the authority to make choices in society. It determines how the government will be formed
• A constitution’s third function is to limit what a government can impose on its citizens. These are fundamental limits, and the government may never cross them
• The fourth function of a constitution is to enable the government to fulfil the aspiration of society and create conditions for a just society.

The Authority of a Constitution

• In most countries, the ‘Constitution’ is a compact document that comprises several Articles about the state, specifying how the state is to be constituted and what norms it should follow
• Some countries, such as the United Kingdom, do not have one single document that can be called the Constitution. Rather they have a series of documents and decisions that, taken collectively, are referred to as the Constitution. 

Factors Responsible for Effectiveness of Constitution

Mode of promulgation: 

• The Mode of promulgation talks about how a constitution comes into being, who crafted the constitution and what is the limit of their authority
• Some fruitful Constitutions like India, South Africa were made as a consequence of well known public developments
• Some countries have had a full-fledged referendum on the appropriateness of a constitution, in which the entire population votes.

Formation of Indian Constitution

• The Constituent Assembly took the task of formation of the Indian Constitution between December 1946 and November 1949 and drew upon a long history of the nationalist movement that had a remarkable ability to take different sections of Indian society together
• The last archive mirrored the expansive public agreement at that point. Huge public power: it had the agreement and support of pioneers who were themselves famous, and it was never exposed to a mandate
• The people adopted it as their own by abiding by its provisions. In this manner, the power of individuals who order the Constitution decides partially its possibilities for success.

Substantive Provisions of a Constitution

• Hallmark of an effective constitution: Substantive arrangements assume the part of the Hallmark of a fruitful constitution as it gives everyone in society some reason to go along with its provisions

• No constitution can accomplish perfect justice on its own, but it must persuade people that it provides a framework for seeking basic justice
• For example, A group will have no reason to abide by it if their identity is being stifled
• The greater the freedom and equality of all its members are preserved under a constitution, the more likely it is to succeed

Balanced Institutional Design

• No single group can subvert the Constitution: Well-crafted constitutions fragment power in society intelligently
• Checks and balances: It ensures that no single establishment obtains syndication of force. This is regularly finished by dividing power across various establishments. For instance, the Indian Constitution on a level plane pieces power across various organizations like the Legislature, Executive and the Judiciary for guaranteeing that different foundations can take a look at the offences of others
• It must strike the right balance between certain values, norms and procedures as authoritative, and allow enough flexibility in its operations to adapt to changing needs and circumstances
• Issues:
  • Too rigid Constitution: The main issue is that it is a rigid constitution. It is likely to break under the weight of change
  • Too flexible:  A constitution will give no security, predictability or identity to a people. 
• The Indian Constitution is described as ‘a living’ document: The Constitution has preserved its survival as a document revered by people by achieving a balance between the ability to amend the provisions and the limitations on such modifications.

Features of Indian Constitution

Indian Constitution has borrowed a lot of features from the different constitutions of the world and moulded them according to the culture and traditions of the nation. The functioning of the Supreme Court and the judiciary system was borrowed from the American constitution. Indian constitution also included fundamental rights which were first drafted in the American constitution. The parliamentary system, the council of ministers was adopted from the British constitution. Furthermore, presidential powers were adopted from Germany.  Besides these features, the Indian constitution has been constantly revised to meet the need of the nation and set the path for real growth. 

Indian Constitution – Preamble

The Preamble of the nation forms the first page of the constitution. The preamble states 4 components of the constitution

• Source of Authority – The constitution derives its inspiration from the people of India
• Nature of Indian State – sovereign, secular, democratic states 
• Adoption date –  26 November 1949
• The objective of the constitution  – justice, fraternity, equality and liberty

Conclusion

The Constitution of any country grants a country set of rules which decides the overall growth of the country. A structured constitution provides ground rules of development in a nation. It provides a foundation and creates reliable conditions for a civilised society.