Chapter 1: Introduction to Constitution and Significance
What is a Constitution?
It can be termed as a fundamental law or fundamental set of principles according to which a politically organised society is to be governed.
It can be succinctly described as ‘The Laws of all Laws'
It is the mother of all laws and the Parliament is also the creator of the Constitution
What about the other laws not mentioned in the Constitution… Are they not important?
Laws which are not mentioned in the Constitution are called Statutory laws. For example RTI act, and Consumer Rights Act.
They are essential but they are considered secondary to the constitutional laws
Why are they considered secondary?
Because they are not fundamental in nature and can be easily amended.
In a country like India, what includes a Constitutional law?
As mentioned above it includes the entire body of laws which is supreme and is the mother of the Parliament.
However, historically it is seen that subsequent amendments by the government, interpretation of the SC in various cases and conventions that have evolved over time still is fundamental and have the force of the law.
Why so? 😱
Because the Indian Constitution is a dynamic one capable of adapting to existing realities.
Can you cite an example?
Of course 😊
The fact that a majority party is invited to form the government is not mentioned in the Constitution but is still followed as a convention.
What is the significance of the Constitution?
The first act after the birth of a nation is framing a constitution as it sets up a common set of norms common normative home through which diverse elements of society interact harmoniously with each other.
What a birth certificate is to a child, the constitution is to the nation.
It gives a basic structure of our polity or system of governance.
It also details the patterns of relationship between legislature, executive, and judiciary.
The constitution also details the relationship between the State (Legislature, Executive, and Judiciary) and its constituent citizens. E.g. State cannot deny a citizen certain fundamental rights It also details the ideals and aspirations of the people as visible throughout the constitution, particularly in the Preamble.
The Constitution also acts as a mirror to society and it highlights the faults within our society and tries to address them, for if these faults were not addressed, they would be tantamount to the perpetuation of injustice.
For e.g. language, caste discrimination, and injustice against women and minorities both linguistic and religious.
The Constitution gives legitimacy to the State and its actions, for e.g. taxation.
In a democratic nation, the government cannot be absolutist; hence, there are legally enforceable limitations on the government to prevent absolutism. Hence constitution is the only place where legally enforceable limitations can be placed on the State’s authority.