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Introduction of Constitution

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12 views3 pages

Introduction of Constitution

Uploaded by

aritrazuniverse2003
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTRODUCTION OF CONSTITUTION

The first function of a constitution is to provide a set of basic rules that allow
for minimal coordination amongst members of a society.

A constitution is a body of fundamental principles according to which a state


is constituted or governed.

So even before you decide what rules should govern this group you have to
decide:

Who gets to decide?

The constitution has to provide an answer to this question. It specifies the


basic allocation of power in a society. It decides who gets to decide what the
laws will be. In principle, this question, who gets to decide, can be answered in
many ways:
in a monarchical constitution, a monarch decides; in some constitutions like
the old Soviet Union, one single party was given the power to decide. But in
democratic constitutions, broadly speaking, the people get to decide.

But this matter is not so simple. Because even if you answer that the
people should decide, it will not answer the question: how should
the people decide?
For something to be law, should everyone agree to it? Should the people
directly vote on each matter as the ancient Greeks did? Or should the people
express their preferences by electing representatives? But if the people
act through their representatives, how should these representatives be
elected? How many should there be?

In the Indian Constitution for example, it is specified that in most instances,


Parliament gets to decide laws and policies, and that Parliament itself be
organised in a particular manner.
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Another function of a constitution is to specify who has the power to make


decisions in a society. It decides how the government will be constituted.

Limitations on the powers of government


So this function of a constitution is to set some limits on what a government
can impose on its citizens. These limits are fundamental in the sense that
government may never trespass them.

Most of the older constitutions limited themselves largely to allocating


decision-making power and setting some limits to government power. But
many twentieth century constitutions, of which the Indian Constitution is the
finest example, also provide an enabling framework for the government to
do certain positive things, to express the aspirations and goals of society.
The Indian Constitution was particularly innovative in this respect.
Societies with deep entrenched inequalities of various kinds, will not only
have to set limits on the power of government, they will also have to enable
and empower the government to take positive measures to overcome
forms of inequality or deprivation.

For example, India aspires to be a society that is free of caste discrimination. If


this is our society’s aspiration, the government will have to be enabled or
empowered to take all the necessary steps to achieve this goal.

Then another function of a constitution is to enable the government to fulfil


the aspirations of a society and create conditions for a just society.
Enabling provisions.

Constitutions are not only rules and regulations controlling the powers of
the government. They also give powers to the government for pursuing
collective good of the society.
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Balanced institutional design

The Indian Constitution, for example, horizontally fragments power across


different institutions like the Legislature, Executive and the Judiciary and
even independent statutory bodies like the Election Commission

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