Meaning of the constitution

law and constitutionalism

MEANING OF THE CONSTITUTION
LAW
• The term “constitution” is a French term and refers to the set of
fundamental rules and regulations that govern the functioning of a
nation-state or any other organization.
• A state’s constitution is the supreme law of the land and thus requires
higher standards of legitimacy and integrity.
• It outlines a state’s fundamental principles, administrative structures,
procedures, and fundamental rights of individuals while defining the
directions for a state’s development.
MEANING OF CONSTITUTIONALISM
• “Constitutional law” is concerned with the interpretation and
implementation of the Constitution and its underlying principles. It
forms the basis for individuals’ access to particular fundamental
rights, inter alia the right to life, the right to privacy, the freedom to
move, and the right to vote.
• It lays down procedural conditions that must be met before a
governmental entity can intervene with an individual’s rights,
liberties, or property. Constitutional law also deals with subjects such
as judicial review, fundamental duties, and the power to make laws,
among other things.
SCOPE OF CONSTITUTIONAL LAW
• The function and authority of the institutions within the state as well
as the interactions between citizens and the state come under the
scope of constitutional law.
• The law of the constitution must thus be understood within the
sociopolitical atmosphere in which it functions, since a constitution is
a sentient, evolving organism that, at any given time, will symbolize
the political and ethical ideals of the individuals it regulates.
NATURE OF CONSTITUTIONAL LAW
• Written constitutions, such as the Indian Constitution, act as the
supreme law of the land. They are superior to all laws in force in a
country at any point of time, so much so that a law which is in
derogation of the constitution would be repealed.
• In the case of unwritten and flexible constitutions, The most
appropriate instance of the same is the Constitution of the United
Kingdom. The Parliament of a country has the power to make
amendments to the constitution through ordinary laws, empowering
ordinary laws with the same status as that of the Constitution.
FUNCTIONS OF THE CONSTITUTION
• It has the authority to proclaim and determine the political
community’s boundaries. The political community’s boundaries will
encapsulate territorial boundaries, i.e., the state’s geographical
borders, as well as its claims to any other territory or extraterritorial
rights, and also personal boundaries, i.e., the definition of citizenship.
Therefore, a constitution commonly differentiates between
individuals who are part of the polity and those who are not.
• It can proclaim and characterize the political community’s character
and competence. It commonly prescribes the state’s foundational
principles as well as the position of the state’s sovereignty.
NEED FOR THE CONSTITUTIONAL
LAW
• Constitutionalism is the absolute opposite of authoritarianism in this
sense. Authoritarianism is a form of government in which the ruling
authority is in charge of its laws.
• Many tyrannical states have existed throughout history that has not
been governed by any higher law that imposes limitations on how
they rule, such as defending citizens’ fundamental rights or ensuring
their accountability to the people.
• Therefore, authoritarians rule for their own interests or for the
benefit of a privileged minority who support the ruling class, rather
than for the benefit of all citizens.
FEDERAL FEATURES OF THE INDIAN
CONSTITUTION
• The distribution of powers between the centre and states
• Written Constitution
• The rigidity of the Constitution
• Supremacy of the Constitution
• Independent Judiciary
UNITARY FEATURES OF THE INDIAN
CONSTITUTION
• A single central all-powerful
• Government Flexibility of the Constitution and
Administration
• Single Citizenship
• Integrated judiciary
• Emergency Provisions
CONSTITUTIONAL STRUCTURE
• The Indian Constitution contemplates the separation of powers
among the state’s organs while also ensuring a harmonious
relationship between them. The Legislature, the Executive, and the
Judiciary are all creations of the Constitution, and they all derive their
existence from it.
• The Constitution establishes and limits their powers, limits their
responsibilities, and governs their interactions with one another and
the general public. Each organ has been clearly expressed in terms of
purpose, intent, and activity areas in which there is very little space
for ambiguity or uncertainty.
PREAMBLE: WE THE PEOPLE OF
INDIA
• It reveals the Constitution’s source.
• It specifies the date on which the constitution takes effect.
• It outlines the rights and liberties that the Indian people desired for
themselves.
• It enumerates the salient features of the Constitution.
• It establishes the government’s nature.