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Why do we need a constitution

February 04, 2022 5624 Views

This article is written by Adhila Muhammed Arif, a student of Government Law

College, Thiruvananthapuram. This article seeks to explain what a constitution is and
its relevance in the modern-day world.

This article has been published by Shoronya Banerjee.

Table of Contents

Introduction
What is a constitution
Types of constitution
1. Written and unwritten
2. Rigid and flexible 
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 3. Unitary and federal
4. Parliamentary and presidential
5. Prescriptive and procedural 

Functions of a constitution 
1. Defining boundaries of the political community
2. Defining basic structure authority of the political community
3. Defining authority of the political community
4. Defining ideals of the political community
5. Defining identity of the political community
6. Declaring and defining rights and duties of the citizens
7. Establishing and regulating political institutions
8. Deciding on the division of powers between different levels of government
9. Declaring the State’s relationship with religion
10. Declaring the State’s commitment to certain socio-economic goals

Why do we need a constitution 

1. Preventing despotism
2. Balanced government
3. Constitution as a social instrument
4. Stable government and protecting sovereignty
5. Upholding human rights and democratic values

Conclusion 
References

Introduction
In the words of B.R. Ambedkar, “Constitution is not a mere lawyer’s document, it is a
vehicle of Life, and its spirit is always the spirit of Age.” The presence of a constitution
has become extremely relevant in the modern-day world. It is extremely rare to find a
country, particularly a democratic one, that functions without a constitution. In every
country, the interests of the citizens must always be given their due weight and must be
protected from arbitrary actions of those in power. It is crucial for a country to have its
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 sovereignty intact to have political stability. That is, the relationship between the states
and the subjects and also among the subjects, and the subjects should be properly
defined. A constitution is essentially a tool to ensure the political stability of a state. 

What is a constitution
A constitution is essentially the aggregate of the basic principles and laws of a political
community, which is either a nation or a state, that determines the powers and duties of
its government and the rights guaranteed to its citizens. It determines the structure and
operation of government bodies and the political principles of the system. According to
Lord Bryce, “the Constitution of a State or a nation consists of laws or rules that
determine the form of its government and respective rights and duties of it towards
the citizens and citizens towards the government.” Generally, all other laws are
subordinate to the constitution. That is, all other laws must be in conformity with the
constitution in order to be valid. 
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 When a government is fully operating and limited according to the constitution, we
could say that the system of that political society is a constitutional system. The
concept of a government limited by a constitution is called constitutionalism.
Constitutional systems are not always necessarily democratic as even non-democratic
nations can have their own constitutions and abide by them. A political system that is
non-democratic but practises constitutionalism is called constitutional oligarchy. 

Types of constitution
The following are some of the different categories by which constitutions may be
classified: 

1. Written and unwritten

A constitution is usually codified in a single document or in different documents that
can be collectively called the constitution. Most constitutions in the world are written,
or codified in a single document. The Indian Constitution is a written constitution, i.e.,
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 it is codified into a single document. Some nations have unwritten or uncodified
constitutions, for instance, the Constitution of the United Kingdom. In the United
Kingdom, historical constitutional documents, judicial precedents of constitutional
significance, parliamentary statutes of constitutional status, and constitutional customs
and conventions are what collectively represent its constitution.  

2. Rigid and flexible

Constitutions that are rigid are extremely difficult to amend while flexible constitutions
are not. The amendment procedure for rigid constitutions is not the same as amending
an ordinary law. The Indian Constitution is considered to be balanced between both
flexible and rigid. That is, the constitutional amendment procedure in India, though
separate, is not too hard. It simply requires a two-thirds majority of all the votes in the
parliament.  

3. Unitary and federal

A constitution is categorised into unitary or federal based on how the government’s
powers are divided and the degree of centralisation of powers. In unitary systems, the
central government is supreme and all the powers of the lower governments are
delegated to them by the central government. In federal systems, on the other hand,
there is a clear division of powers between the central government and the lower
governments. The central government in a federal system cannot take away the powers
of the lower governments. The Indian Constitution designed the Indian political system
to be quasi-federal, i.e., there is a clear division of powers between central and state
governments, with the Central Government being visibly much more powerful. 
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 4. Parliamentary and presidential
Most countries in the world either have parliamentary or presidential forms of
government, which are decided by their constitutions. In presidential governments, the
executive branch is completely separate from the legislature, whereas in parliamentary
governments, the executive branch is connected to the legislature. The Indian
Constitution has designed India to have a parliamentary form of government. 
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 5. Prescriptive and procedural
Constitutions can also be classified into procedural and prescriptive on the basis of
nature and purpose. Procedural constitutions define the legal and political structures of
government institutions and set out the limits of the government’s power. This is done
in order to protect democratic processes and fundamental rights. In situations where
the constitution-makers cannot reach a consensus on the values that the State must
identify with or work towards, it is better to limit the constitution to a procedural
document. An example of a procedural constitution is the Canadian Constitution, 1982.
The Constitution of Canada does not envision a good society. It merely commits itself to
settle disputes and policy issues. Prescriptive constitutions do not touch upon the
concept of nation-building. Prescriptive constitutions, on the other hand, emphasise the
state’s identity and goals. The constitution-makers envision some common values and
aspirations and impose them on the State. The State must consider these values and
goals while legislating on socio-economic matters. The South African Constitution, 1996
is an example of a prescriptive constitution. It is not necessary that a constitution
should fit into any single category alone. Many constitutions have both prescriptive and
procedural features. The Indian Constitution seems to contain both prescriptive and
procedural elements. 

Functions of a constitution
The following are some of the functions of a constitution: 

1. Defining boundaries of the political community

A constitution defines the geographical and extra-territorial boundaries of the nation or
state. It can also define and set criteria on who can be called a ‘citizen’ of that nation. 

2. Defining basic structure authority of the

political community
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 There are some essential characteristics of the political community, such as the form of
government that are set out by its constitution, that is fundamental to its working. For
instance, the Indian Constitution sets out the basic structure on which the Indian
political system functions, which constitutes the secular nature of the constitution,
separation of powers, federalism, democracy, a welfare state, etc. 

3. Defining authority of the political community

Most constitutions also declare on whom the sovereignty of the political community
rests. The Indian Constitution in its Preamble has declared that the sovereignty of India
rests on its people. 

4. Defining ideals of the political community

There are certain ideals that the constitution-makers of a political community aspire for
their land, such as justice, equality, fairness, etc., which are declared in the constitution.
For example, the basic principles declared in the Indian Constitution are secularism,
socialism, equality, etc. 

5. Defining identity of the political community

Some constitutions may also define the national flag, anthem, emblem, and symbols
that represent the nation-state. 

6. Declaring and defining rights and duties of the

citizens
Most constitutions declare certain basic or fundamental rights that are available for the
citizens of the country. These are drafted with the objective of restraining the power that
the State has over its subjects and its responsibility of protecting their dignity as
individuals. Generally, they are basic liberties that are essential in a democracy. For
instance, freedom of speech, freedom of religion, right to life, etc. Some constitutions
have even declared rights that are specific to marginalised communities. Part III of the
Indian Constitution declares and defines the fundamental rights guaranteed to all the
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 citizens in India. 

7. Establishing and regulating political

institutions
Constitutions define the different organs of the government, their composition, their
powers, the relationship amongst them, etc. It designs the legislature, the executive, and
the judiciary, and how they should operate. There can also be institutions that ensure
free and fair elections, transparency of the government, etc. It could also provide for
elections and impeachment of those in power and their procedures. 

8. Deciding on the division of powers between

different levels of government
Constitutions design the form of government to be either unitary or federal. Many
constitutions have declared their forms of government as federal or quasi-federal. In
such political systems, it is necessary to have a fixed list of subjects for each level of
government, so that there is stability in the political system and the Central
Government does not overshadow the lower levels of the government. 

9. Declaring the State’s relationship with religion

Most constitutions declare their nation-states as secular or as associated with a
particular religion. The Indian Constitution has declared India to be a secular country.
That is, the State does not favour any religion. In theocratic states, religious law decides
on personal status and disputes between individuals. 

10. Declaring the State’s commitment to certain

socio-economic goals
The constitution-makers may also include certain developmental goals for the State to
work towards for the welfare of its people. Part IV of the Indian Constitution contains
the Directive Principles of State Policy, which essentially aims at ensuring that the
people of India receive socio-economic justice. 
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 Why do we need a constitution
The following are some of the reasons why it is good to have a constitution: 

1. Preventing despotism
A constitution gives a foundational structure for its political community. It decides what
form of government it should follow and its roles in the political community, along with
the limitations on its authority. This helps in preventing the government from acting
arbitrarily. This would prevent those in power from getting too powerful and
oppressive. Constitutionalism is the opposite of despotism. Despotic governments are
governments that are not bound by any higher law or a constitution. Such governments
govern with the intent of securing their selfish interests, even at the cost of the basic
human rights of their subjects. 

2. Balanced government
A constitution helps in separating and distributing power or authority among the
institutions of the government. It ensures that all these institutions are restricted in
their power and also check and restrain each other. This prevents the domination of any
institution over the others. It prevents the exercising of unchecked political power. 

3. Constitution as a social instrument

Another crucial purpose of a constitution is to provide a framework for socio-economic
development. Many constitutions across the world, particularly the Indian Constitution,
have been significant in ensuring that marginalised groups receive equality and justice.
The Directive Principles of State Policy in Part IV of the Indian Constitution have
motivated the government to create laws that serve as instruments for protecting the
environment, upholding labour rights, promoting free access of education to children,
etc. 

4. Stable government and protecting sovereignty

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 Since a Constitution serves the purpose of setting the social and political basis for a
political community, it ensures political stability and keeps the community’s sovereignty
intact. If a nation does not have a strong political structure, it is more vulnerable to the
attacks of external powers. Thus, political communities that do not practice
constitutionalism are more likely to crumble.  

5. Upholding human rights and democratic values

Constitutions are of great importance in the modern democratic world. The
constitutions in many democratic nation-states serve the purpose of ensuring that the
procedure of selecting those in power is uncorrupt and fair. It also grants people their
right to vote and freedom to express their criticism of those in power. Elections,
representative government, and the right to criticise those in power are the fundamental
characteristics of a democratic society. Constitutions also serve the purpose of
guaranteeing the fundamental human rights of citizens. This is essential to ensure that
the government does not function in a way that compromises the interests of its
subjects. 

Conclusion
To conclude, the presence of a constitution is relevant in any modern democratic State
in order to ensure that the principles of democracy are always upheld. It serves the
purpose of limiting the government and distributing and separating powers among
different organs and institutions of the government. It has a huge role in maintaining a
balanced government. Constitutions are also frameworks for socio-economic
development and protecting and upholding human rights. 

References
https://www.idea.int/sites/default/files/publications/what-is-a-constitution-
primer.pdf
https://www.thehindu.com/opinion/columns/why-we-need-a-
constitution/article24361253.ece
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Categories: DPSP, General, Indian Constitution, internship, socio-economic goals, sovereignity

Tags: Canadian Constitution 1982, constitution, Constitutional Law, indian constitution, socio-
economic goals, South African Constitution 1996, sovereignty, the Constitution of the United
Kingdom

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