The Constitution establishes the legal precedent of a whole set of federal standards or a commonwealth, association, or other types of body and sets reference points that usually determine how that substance should be represented. In this article, we will see why do we need a Constitution? and the unique features of the Indian constitution.
A country is governed by the government, the judiciary, its people, and most importantly the constitution. The Constitution acts as the backbone of the country.
Without it, the law and the jurisdiction would not like and fall at any time, but they should stand strong. The Constitution is the epitome of basic rules and policies, according to which the country, the state, and its people must act.
The word “constitution” got its name from the fact that the word constitution means to amass and collect various features.
Definition of Constitution:
The Constitution is one that sets the limits and boundaries of the communication and powers of governments.
The Constitution is a set of rules that they can impose or guide. It provides a way to regulate the nation by proposing a set of laws to be followed by the citizens of the country.
The constitution is the holy book of democracy. The Constitution guides democracy today. The Constitution is the travel journey of a country. It may or may not be written like in India and the United Kingdom respectively.
It takes the country in the right direction without any mistakes.
The Constitution acts as a means by which the ruling government knows the extent to which rules and regulations can be imposed on the citizen of the country.
The Constitution is something that every country has for itself, all the constitutions around the world are unique in their own way, but share the same purpose, which is to ensure the stability of the nation.
The Constitution has a very verbal meaning, and they all refer to the feeling of building or constructing something. One might be surprised that the policy document got its name.
As stated earlier, the Constitution requires the administration of the country to provide guidance, and it guarantees the rights of citizens and other persons.
What will happen? if there is no constitution.
Follow any rules, so it can create various issues such as regional disagreement on a particular issue and eventually lead to violence, which is undesirable for any country. There may be many other issues with the argument, so we need some regulatory structure to manage.
This is why the Constitution is so important. Being a citizen of the country, one is compelled to follow the laws given under the Constitution within the country.
How does the Constitution functioning?.
What is a big problem for any country is that power-sharing sometimes seeps out of here and causes internal turmoil and various problems that lead to the economic and social decline of the country. So the only thing that concerns most of the Indian Constitution is power distribution.
A constitution is set up for the successful development of nations. Therefore, any additional developments in the Constitution will thrive until this. Thanks to the Constitution, the power of government agencies flows in a certain direction.
The Constitution is the backbone of the nation and we must respect its existence and dignity while ensuring that its rules and regulations are followed by everyone in the nation.
According to the Constitution of India, it distributes power horizontally across the three major institutions of Indian jurisdiction. They are Parliament, Administrator, and Judiciary. Parliament is the supreme body and once all the bills and amendments are passed with their approval.
it will help you understand the functioning of the Constitution and decide why the Constitution is important.
Reasons why do we need Constitution:
The Constitution contains detailed rules regarding the Union Executive (President and Prime Minister, Union Ministers and the Attorney General), Parliament and its structure, role and functions, and provisions for various aspects of the functioning of the Supreme Court. Similarly, the Constitution has provided for the State Administrator, the State Legislature, and the State Judiciary.
- It shows the sovereignty of the people.
- It provides detailed information on various government agencies.
- At the same time, it controls the powers of the government.
- It sets the rules for governing the state.
- It provides the public with some fundamental rights that can be exercised.
- It establishes the connection between the state and its citizens.
- They also make people aware of their responsibilities.
It is like a parent to the child who imposes certain conditions, but the sole purpose is the well-being of the child. Just as the Constitution works for its citizens.
We need a constitution to regulate the system in the country. It acts as an obligation upon the citizens not to go beyond its basics, which must at one time monitor the whole nation. It creates a sense of equality among its citizens, i.e. one applies to the other.
The Constitution empowers a select few to be nominated or nominated in accordance with the constitutional provisions of the country.
It also creates a number of executive positions that contribute to the substance of the laws. Because of its large size, cultural diversity, and linguistic diversity, the head of state cannot directly manage the entire country.
This explains to us the need for a constitution for proper administration in a country like India.
Significance of Constitution:
|Supreme body||A constitution is superior to all the laws of the country, i.e. any law or provision in circulation in the country is enforced by the constitution. |
Every law passed by the government must be in accordance with the constitution, which means that no one or any legal body can talk about the constitution, otherwise it will not retain its strength, will fall, and so will the nation.
|Basic rules||It contains the basic rule by which democracy operates. It guides the process of democracy.|
The Constitution is a written tool that symbolizes the rules of a political or social system.
These rules and regulations lay the foundation for the country to function without any problems or controversy, and if there is any problem between the legal and government departments or the country’s masses and the judiciary, these rules are the last thing that any country can dream of, to reach this point where there is a regular threat of civil war breakdown.
|Rights||It defines the rights of a citizen of our state and other persons.|
The constitution of a country guarantees certain rights and provisions to any individual or group on whose behalf they can ensure well-being and dignity.
It helps the people of the country to get all the basic rights they are entitled to.
Some of the fundamental rights protected by the Constitution are the right to life, liberty, property and the right to free participation in democratic institutions.
|Duties||It determines the duty of the state and the duty of the individual in the country.|
|Power transfer in National Emergency||One of the things that makes the Constitution the most important document for a country is that it regulates the transfer of power in times of national emergency. We refer to a catastrophe caused by national emergencies, which can destroy a part of the country or severely damage any part of the country, such as a civil war.|
|Directives||It contains government directives to make legislation.|
|Objectives of a Nation||The Constitution sets out the national goals of any country and we state the aspirations of any country that it has in terms of national goals. |
Since every country has some point to achieve what is planned in their mind, the Constitution will help them to achieve goals like democracy, secularism, socialism, and national integration.
|Determines state and country territory||The Constitution governs the borders of the whole country and states.|
|Citizenship||It determines the various rules for gaining and losing country citizenship.|
|Center-State Relations||The Constitutional Judiciary determines the administrative relations between the Center and the States.|
|constitutional posts||It refers to the powers of the Prime Minister and the Ministers at the Center and the Governor and the Council of Ministers at the State level.|
- It defines whether democracy is direct or indirect, and if it is implicit it defines whether it is a presidential or parliamentary body.
- This ensures that the power of one element is checked and balanced over the other.
- The role of the Constitution is multiplied and the need and function of the Constitution will change over time.
- The Constitution is a living document because it can be amended over time. The Constitution provides the necessary impetus for the chariot of democracy.
If the Constitution is misused in any way, he is the first to burn it.Dr. BR Ambedkar (after he drafted the constitution).
Unique features of the Indian Constitution:
The Constitution of India is the supreme law of India. It sets the framework for defining basic political principles, establishes the structure, procedures, powers, and duties of government agencies, and sets out fundamental rights, guiding policies, and duties of citizens.
The framers of our Constitution have borrowed some of the best constitutional principles from foreign constitutions.
The loopholes in these foreign constitutions were properly avoided in order to ensure a healthy political life for the citizens.
Therefore, the parliamentary form of government was adopted from the British, the US. Fundamental Rights from the Constitution, Guiding Principles from the Irish Constitution, and the Emergency Idea from the German Constitution and the Government of India Act of 1935.
the Indian constitution is an omnibus constitution:
Unlike other constitutions, the Constitution of India is not limited to basic law. It also provides very detailed and minute management rules.
This will prevent the Constitution from being overturned by the legislative process. These details save a lot of time.
The vastness of the country and its population size and diversity compelled the framers of the Constitution to make arrangements to protect and promote the interests of the various regions and groups of the country.
Thus, the Constitution contains comprehensive provisions for minorities, Scheduled Castes, and Scheduled Tribes.
Finally, the Constitution of India is extensive. At the same time a constitution for the whole country and the constituent states of the Union.
The Indian Constitution is a federal constitution:
The word federal is not used in the constitution. Instead India is described as a “Union of States”.
Two sets of government – multiple governments of the national government and component units, and the separation of powers between the national government and the unit governments.
The Constitution is supreme and both the Center and the State Government derive their power from it.
There is a federal judiciary to act as the guardian of the Constitution and to resolve conflicts between the Center and the units – all of which are enshrined in the Constitution of India.
However, the nature of the Indian Federation is different from that of older federations such as the USA.
The Indian Constitution is borrowed from Westminster model:
It provides the form of parliamentary government at the center and in the states. It is borrowed from the Westminster model.
The adoption of this model is due to the fact that it has been known to India for a long time during the British rule.
However, in the face of the proliferation of parties in India, some political scientists are questioning the wisdom of the move.
The Indian Constitution is flexible:
India has a written constitution, which is a federal requirement. The Constitution of India is far less rigid than a normal federal constitution.
Indeed, it is more flexible than rigid. Because of this flexibility, the Constitution was amended 99 times in sixty-five years.
In contrast, the U.S. The constitution can be amended only 27 times in about 200 years.
The Indian constitution has a preamble before it:
The Constitution of India, like any modern written constitution, has a preamble to it. The preamble is the clearest expression of the philosophy of the Constitution.
The original preamble declared India a sovereign democratic republic. The 42nd Amendment makes India a “sovereign, secular socialist democratic republic.”
Justice, freedom, equality and fraternity are the ideals that India as a nation should achieve.
The preamble to the Constitution of India is lauded by all critics for its clear expression of lofty political principles.
The Indian constitution guarantees the fundamental rights of the citizens:
The Constitution guarantees the fundamental rights of citizens. Equality, Freedom, Religion, and Rights to Constitutional Solutions are the calculated fundamental rights of Indian citizens.
First of all property is a fundamental right. Property was then removed from the list of fundamental rights.
So property is now more legal than a constitutional right. The status quo has been transformed to give meaning to India’s socialist aspirations.
Therefore a constitution is necessary for the welfare of the people and for managing them.
The Indian constitution provides a number of directive principles:
Taking note from the Irish Constitution, our Constitution also provides a number of guiding principles.
Such policies are not a constitutional obligation for the government to implement; Rather they are the guiding lines for the government.
Supporting secularism is another lofty aspect of our Constitution. India is a secular country and has no state religion. In a country where all religious people live, it is necessary for the state to be neutral between religions.
Accepting secularism as a political ideal is a wise and courageous act, especially after the traumatic experience of religiously divided India.
The Indian Constitution does not allow double citizenship:
Unlike federations such as the US, the Indian Constitution does not allow dual citizenship. There is only one Indian citizen.
Our Constitution is designed to suit the needs of the Indian people. It is a tribute to the founding fathers that their work has endured despite the strains and pressures.