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Definition of Constitution

The document defines a constitution as the supreme fundamental law of a state that establishes the framework of government, confers and limits governmental powers, and acts as a check on the government. It notes that a constitution regulates the relationship between individuals, society, and the state, and that the Indian constitution is both a legal and social document intended to protect rights and further social ideals. Finally, it concludes that a constitution provides the basic structure of government, contains a bill of rights, and enshrines core values and commitments of the nation.

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293 views4 pages

Definition of Constitution

The document defines a constitution as the supreme fundamental law of a state that establishes the framework of government, confers and limits governmental powers, and acts as a check on the government. It notes that a constitution regulates the relationship between individuals, society, and the state, and that the Indian constitution is both a legal and social document intended to protect rights and further social ideals. Finally, it concludes that a constitution provides the basic structure of government, contains a bill of rights, and enshrines core values and commitments of the nation.

Uploaded by

Vishnu Pathak
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Constitution means a document having special legal sanctity which sets out the

framework and functions of various organs of the government of a State.


Constitution means a written organic instrument, under which the powers are
conferred and circumscribed. Constitution is the supreme or fundamental law of
the land and all the organs, which owe their existence to the constitution and derive
their powers form its provisions, must function within the framework of the
constitution and must not do anything which is inconsistent with its provisions.

According to Phillips, the term Constitution is used to denote all written and
unwritten principles regulating the administration of the State.

Professor KC Wheare defines the constitution of a state as the collection of rules


which establish and regulate or govern the government.

The US Court in State v. Jhonson defined constitution as a framework elected by


sovereign people setting up a form of government whereby and through which they
may add collectively in matters of common concerns.

Constitution as checks and balance:

In the Gulf Corporation Case it was observed that the Constitution is the
fundamental law containing principles in which states government is founded. It
regulates the division and exercise of sovereign power. It is the framework of the
government with certain checks thereon designed to secure democratic process and
freedom of action.

In Golaknath v. State of Punjab, Justice K.N. Wanchoo observed that the


Constitution is the fundamental law and no law passed under mere legislative
power conferred by the Constitution can affect any change in the Constitution
unless there is an express power to that effect given in the Constitution itself. But
subject to such express power given by the Constitution itself the fundamental law,
namely the Constitution, cannot be changed by a law passed under the legislative
provisions contained in the Constitution as all legislative acts passed under the
power conferred by the Constitution must conform to the Constitution can make no
change therein.
Constitution as restraint on exercise of power

A written Constitution is a fundamental law of governance of a sovereign state. It


is the final statement of rights, privileges and obligations and also the conclusive
definition of limitations of the departments of the government and of the public
servants. Accordingly, conduct of all government departments must conform to its
provisions.

Constitution as a social document

Justice Hidayatullah in Golaknath v. State of Punjab writes that it is an error to


view our Constitution as if it were a mere organisational document by which the
people established the structure and the mechanism of their Government. Our
Constitution is intended to be much more because it aims at being a social
document in which the relationship of society to the individual and of Government
to both and the rights of the minorities and the backward classes are clearly laid
down.

In His Holiness Kesavananda Bharati Sripadagalvaru and Ors. vs. State of Kerala
and Anr., Justice H.R.Khanna observed that the provisions of the Constitution are
not mathematical formulas having their essence in their form; they are organic
living institutions transplanted from English soil. Their significance is vital not
formal; it is to be gathered not simply by taking the words and a dictionary, but by
considering their origin and the line of their growth.

In the same case, Justice A.K.Mukherjee observed that our Constitution is not a
mere political document. It is essentially a social document. It is based on a social
philosophy and every social philosophy like every religion has two main features,
namely, basic and circumstantial. The former remains constant but the latter is
subject to change. The core of a religion always remains constant but the practices
associated with it may change. Likewise, a Constitution like ours contains certain
features which are so essential that they cannot be changed or destroyed. In any
event it cannot be destroyed from within. In other words, one cannot legally use
the Constitution to destroy itself.

In S.R. Bommai v. U.O.I., Justice S.R. Pandian observed that the Indian
Constitution is both a legal and social document. It provides a machinery for the
governance of the country. It also contains the ideals expected by the nation. The
political machinery created by the Constitution is a means to the achieving of this
ideal.

Our legislators recognized the same and gave constitutional status to the local
governments through 73rd and 74th constitutional amendments. It was thought
local government can be very effective in protecting the local interests of the
people because it is so near the people that it is convenient for the people to
approach the local government for solving their problems both quickly and with
minimum cost. Local Governments are the instruments of social change. We have
one example from Bhopal itself. Geeta Rathore belongs to Jamonia Talab Gram
Panchayat, Sehore district, Madhya Pradesh. She was elected Sarpanch in 1995
from a reserved seat; but in 2000, the village people rewarded her for her
admirable work by electing her again - this time from a non-reserved seat. From a
housewife, Geeta has grown into a leader displaying political farsightedness - she
has harnessed the collective energy of her Panchayat to renovate water tanks, build
a school building, construct village roads, fight against domestic violence and
atrocities against women, create environmental awareness, and encourage
afforestation and water management in her village. There are many such incidents.
They are representative of a larger transformation that is taking place across India
especially after constitutional status was accorded to local government institutions
in 1993.

According to Ruth Govinson a Constitution must have following three things:

(a) It must provide basic structure of the Government.


(b) It must contain a Bill of Rights.
(c) It must enshrine values and commitments.

Conclusion

1. Constitution is a set of rules to regulate the structure of principle organs of


the Sate.
2. It is a fundamental law containing principles on which state is founded. It
regulates division and exercise of powers.
3. It is a framework of the government with checks and balances thereupon to
secure democratic process and freedom of action
4. It is the fundamental law of the nation with express embodiment of reign of
law. Being a fundamental law, it cannot be amended by ordinary legislative
power.
5. It is final statement of rights, privileges and obligations and ultimate grant of
powers. All actions of the State must conform to it.
6. It is a social document which regulates relationship between individual and
society and of the State to both.
7. Indian Constitution is based on social philosophy.
8. It conveys different meaning to different people.

Dr. K.C. Wheare on Classification

Shape and Content- Written and Unwritten

Method of amendment- Rigid, Flexible or combination of both.

Distribution of powers- Vertical (Federal, Unitary or Confederation) and horizontal


(Presidential or Parliamentary)

Nature of Polity- Republican and Monarchical

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