CONCEPT OF CONSTITUTION

Meaning of Constitution
In its broad sense, the term constitution refers to “that body of rules and maxims in
accordance with which the powers of sovereignty are habitually exercised”. It may be defined as
that written instrument by which the fundamental powers of the government are established,
limited, and defined and by which these powers are distributed among the several departments
for their safe and useful exercise for the benefit of the people.

Is defined as a set of fundamental principles or established precedents according to which

a state or other organization is governed, thus, the word itself, constitution, means to be a part
of a whole, the coming together of distinct entities into one group, with the same principles and
ideas. These principles define the nature and extent of government.

Nature and purpose or function of constitution

(1) A constitution is the charter creating the government. It has the status of a supreme or
fundamental law as it speaks for the entire people from whom it deserves its claim to obedience.
It is binding on all individual citizens and all organs of the government. It is the law to which all
other laws must conform and in accordance with which all private rights must be determined and
all public authority administered. It is the test of the legality of all government action, whether
proceeding from the highest official or lowest functionary.
(2) The purpose of a constitution is to prescribe the permanent framework of the system of
government and to assign to the different departments or branches, their respective powers and
duties, and to establish certain basic principles on which the government is founded. It is
primarily designed to preserved and protect the rights of individuals and minorities against the
arbitrary actions of those in authority. Its function is not to legislate in detail but to set limits on
the otherwise unlimited power of the legislation.

Meaning of constitutional law

Constitutional law may be defined as that “branch of jurisprudence which treats of
constitution, their nature, formation and amendment, operation and interpretation.” It refers to
the law embodied in the constitution as well as the principles growing out of the interpretation
and application made by the courts (particularly the Supreme Court, being the court of last resort).

Constitution distinguished from statute

(1) A constitution is a legislation direct from the people, while a statute is a legislation from the
people’s representatives;
(2) A constitution merely states the general frameworks of the law and government, while the statute
provides the details of the subject of which it treats;
(3) A constitution is intended not merely to meet existing conditions but to govern the future, while
a statute is intended primarily to meet existing conditions;
(4) A constitution is a fundamental law of the state to which statutes and all other laws must conform.