Constitution: Why and How?

First function of a constitution

To provide a basic set of rules that allow for minimal coordination in a society

• A basic set of rules that are legally enforceable would provide assurance for people in that society

• It would give people a reason to follow them

Second function of a constitution

• To specify who has the power to make decisions in a society

• To decide how the policymaker/government is to be constituted.

Third function of a constitution

• To set limits on what a government can impose on its citizens

• These limits are fundamental in the sense that the government may never encroach on them.

• Eg. fundamental rights

• The Constitution specifies when it is justified to trespass on these fundamental rights.

Fourth function of a constitution

• Enable the government to fulfil the aspirations of a society

• Create measures for a just society

• Directive principles of State of policy

Fifth function?

• Provides a collective identity, thus creating unity

• Political identity by defining the relationship between center and the regions of a nation

• Moral identity through creating a framework for fulfilment of collective aspirations

• Political identity through deciding who and how a government should run

What is a constitution

A compact document that comprises articles about the state, specifying how the state should function and its norms.

When was Indian constitution created/ by who

• By the Constituent Assembly

• Between December 1946 and November 1949

Mode of promulgation

• Refers to how the amount of public authority that determines how successful a constitution may be

• Who creates it, as in if they had public credibility

• How legitimate and authoritative it is, if it has public support and strong leadership to ensure that it isn’t biased

• If it is able to convince people to accept differences, and make sure they abide by the provisions

Balanced institutional design

• Is to have a constitution flexible enough that there is possibility for change, yet has set limits on such change

• This ensures that no one section can subvert the constitution

• To ensure no single institution has monopoly of power

• Achieved through fragmentation, eg. Indian government being horizontally fragmented

Provisions India adopted from other countries/ British

• FPTP

• Parliamentary form of government

• Rule of law

• Law-making procedure

Provisions India adopted from other countries/ Ireland

DPSP

Provisions India adopted from other countries/ France

• Principles of liberty, equality, fraternity

Provisions India adopted from other countries/ USA

• Charter of fundamental rights

• Power of Judicial review

• Independence of the judiciary

Provisions India adopted from other countries/ Canada

• Quasi-federal government; strong center

• Residual powers