Concept of the Constitution:
"The Constitution isn’t just a document – it’s the DNA of Indian democracy"
The Constitution has been defined in the following manner by various scholars and figures:
- Gilchrist: Emphasized the Constitution as a fundamental legal document that
establishes the framework of governance and outlines the rights and duties
of citizens.
- Gates: Described it as a living document that evolves with the needs of
society, providing a balance between stability and adaptability.
- Wehr: Viewed the Constitution as a social contract that binds the
government and the people, ensuring mutual obligations and protections.
- Wedour Philips: Defined it as a set of rules and principles
that regulate the structure, powers, and functions of the government while
safeguarding individual liberties.
- B.R.Ambedkar: Referred to it as the "lifeblood of the nation," a tool to promote justice, liberty, equality, and fraternity, reflecting the aspirations of the Indian people.
1. Meaning of the Constitution-
Key Points:
· Constitution is the supreme law of a country.
· It defines the government’s structure, powers, and duties.
· It protects citizens’ rights and ensures
justice.
Explanation:
The Constitution is like a rulebook for a country, laying down the basic framework for how the nation operates. It is the supreme law, meaning all other laws must align with it. The Constitution defines the roles of the government’s three branches—Legislature (makes laws), Executive (implements laws), and Judiciary (interprets laws). It also ensures citizens’ rights, like the right to equality and freedom, are protected. In India, the Constitution was adopted on November 26, 1949, and enforced on January 26, 1950, making India a republic.
Exam Tip: Memorize the adoption date (November 26, 1949) and enforcement date (January 26, 1950) for MCQs.
2. Functions of the Constitution-
Key Points:
Establishes the government’s structure and powers.
Protects Fundamental Rights of citizens.
Maintains law and order through a legal framework.
Promotes unity and integrity of the nation.
Guides amendments for future changes.
Explanation:
The Constitution has several important functions that ensure a country runs smoothly:
- Government Structure: It sets up the government’s framework, like
India’s parliamentary system, defining roles for the President, Prime
Minister, and Parliament.
- Protects Rights: It guarantees Fundamental Rights
(e.g., right to equality, freedom of speech) and Directive Principles
to promote welfare.
- Law and Order: It provides a legal system to maintain
peace, with the Judiciary ensuring laws are followed.
- National Unity: It unites diverse states and communities
under one nation, promoting integrity (e.g., Article 1 defines India as a
Union of States).
- Adaptability: It allows amendments (e.g., 42nd Amendment, 1976) to address future needs.
3. Features of the Constitution-
Key Points:
- Longest written Constitution in the world (395 articles).
- Blend of rigidity and flexibility for amendments.
- Federal structure with unitary features.
- Guarantees Fundamental Rights and Duties.
- Independent Judiciary and Parliamentary System.
Explanation:
The Indian Constitution has unique features that make it special:
- Lengthy Document: With 395 articles, 12 schedules, and over
100 amendments, it’s the longest written Constitution globally, covering
every detail of governance.
- Rigid yet Flexible: Some parts (e.g., Fundamental Rights) need a
special majority to amend, while others (e.g., administrative rules) are
easier to change.
- Federal with Unitary Bias: India is a federal country (power split
between Union and States), but unitary in emergencies (e.g., Article 356,
President’s Rule).
- Rights and Duties: It ensures Fundamental Rights (e.g.,
right to education) and lists Fundamental Duties (e.g., respect the
Constitution).
- Independent Judiciary: The Supreme Court protects the Constitution,
ensuring checks and balances.
- Parliamentary System: The government is led by the Prime Minister, accountable to Parliament.
4. Classification of the Constitution-
Key Points:
- Constitutions are classified as written or unwritten.
- Indian Constitution is written and enacted.
- Also classified as rigid or flexible.
- Indian Constitution is a mix of both rigid and flexible.
- Unitary, federal, or confederation—India is federal.
Explanation:
Constitutions worldwide are classified based on their nature:
- Written vs. Unwritten: A written Constitution (like India’s) is a
single, codified document, while unwritten ones (like the UK’s) rely on
customs and laws. India’s Constitution was written by the Constituent
Assembly and enacted in 1950.
- Rigid vs. Flexible: Rigid Constitutions (e.g., USA) are hard to
amend, while flexible ones (e.g., UK) are easy. India’s Constitution is a
mix—some parts (e.g., basic structure) are rigid, while others (e.g., citizenship
laws) are flexible.
- Federal vs. Unitary: Federal Constitutions (like India’s) divide power between central and state governments, while unitary ones (e.g., France) centralize power. India is federal but has unitary features during emergencies.
5. Constitutionalism and Constitutional Government-
Key Points:
- Constitutionalism means limited government power.
- Ensures rule of law and protects citizens’ rights.
- Constitutional government follows the Constitution.
- In India, it includes checks and balances.
- Promotes democracy and accountability.
Explanation:
Constitutionalism is the principle that the government’s power is
limited by the Constitution, ensuring it doesn’t become authoritarian. It
emphasizes the rule of law, meaning everyone, including leaders, must
follow the law. Constitutionalism protects citizens’ rights (e.g., through
Fundamental Rights) and ensures justice through an independent Judiciary.
A Constitutional Government operates strictly according to the Constitution. In India, this means:
- The government’s three branches (Legislature, Executive, Judiciary) have defined roles and check each other (e.g., Judiciary reviews laws).
- Leaders are accountable to the people through elections and laws.
- Democracy is upheld, with citizens’ participation (e.g., right to vote).
Key Exam Takeaways:
1. Constitution = Supreme Law: Controls government, protects citizens.
2. Dual Roles: Empowers state (governance) + restrains it (FRs).
3. India’s Uniqueness: Longest, quasi-federal, FRs+DPSP blend.
4. Classification Keys: Written, rigid-flexible, quasi-federal.
5. Constitutionalism ≠ Constitution: Philosophy of limits vs. document.
Study Smarter With This book:
FAQs for Exams:
Q1. Which feature
makes the Constitution 'living'?
→ Amendment flexibility (Art 368).
Q2. Who called Indian
federalism 'cooperative'?
→ Granville Austin ("Cooperative federalism").
Q3. Which case
established 'Basic Structure' doctrine?
→ Kesavananda Bharati (1973).
Q4. How many writs
under Art 32?
→ 5 (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).
Q5. Most amended
article?
→ Art 368 (Amendment procedure itself).
