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UPSCPW Notes3

This document discusses the purpose and functions of a constitution. It explains that a constitution: 1) Specifies the basic allocation of decision-making power and limits on government power in a society. 2) Allows for coordination between members of a society by establishing a set of fundamental rules and principles. 3) Can enable a government to fulfill the aspirations of a society, such as promoting equality, justice, and human dignity.

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0% found this document useful (0 votes)
46 views

UPSCPW Notes3

This document discusses the purpose and functions of a constitution. It explains that a constitution: 1) Specifies the basic allocation of decision-making power and limits on government power in a society. 2) Allows for coordination between members of a society by establishing a set of fundamental rules and principles. 3) Can enable a government to fulfill the aspirations of a society, such as promoting equality, justice, and human dignity.

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Avanish Kumar
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1 POLITY: INTRODUCTION

LEXICON ‰ It decides who gets to decide what the laws will be.

‰ Polity: is that polity is an organizational structure of ‰ In a monarchical constitution, a monarch decides; in


the government of a state some constitutions like the old Soviet Union, one single
‰ politics is (countable) a methodology and activities party was given the power to decide.
associated with running a government, an organization, ‰ But in democratic constitutions, broadly speaking, the
or a movement. people get to decide.
Aspirations and goals of a society
CONSTITUTION WHY AND HOW ?
‰ Most of the older constitutions limited themselves
Why Do We Need a Constitution?
largely to allocating decision-making power and setting
‰ What is a constitution?
some limits to government power.
‰ What are its functions?
‰ But many twentieth century constitutions, of which the
‰ What role does it perform for a society? Indian Constitution is the finest example, also provide
‰ How does a constitution relate to our daily existence? an enabling framework for the government to do
‰ Answering these questions is not as difficult as you certain positive things, to express the aspirations and
might think. goals of society.
Constitution allows coordination and assurance ‰ The Indian Constitution was particularly innovative in
‰ the basic principles and laws of a nation, state, or social this respect.
group
‰ Societies with deep entrenched inequalities of various
‰ that determine the powers and duties of the government kinds, will not only have to set limits on the power of
and guarantee certain rights to the people in it government, they will also have to enable and empower
Can private institutions have constitutions? the government to take positive measures to overcome
‰ Yes, forms of inequality or deprivation.
Functions ‰ For example, India aspires to be a society that is free of
‰ rules that are publicly promulgated caste discrimination. If this is our society’s aspiration,
‰ achieve a minimal degree of coordination. the government will have to be enabled or empowered
‰ But these rules must not only be known, they must also
to take all the necessary steps to achieve this goal.
be enforceable. ‰ In a country like South Africa, which had a deep history

‰ The first function of a constitution is to provide a set of racial discrimination, its new constitution had to
of basic rules that allow for minimal coordination enable the government to end racial discrimination.
amongst members of a society. ‰ More positively, a constitution may enshrine the
‰ Hence, A constitution is a body of fundamental aspirations of a society. The framers of the Indian
principles according to which a state is constituted or Constitution, for example, thought that each individual
governed. in society should have all that is necessary for them to
Specification of decision making powers lead a life of minimal dignity and social self-respect —
‰ Specifies the basic allocation of power in a society. minimum material well-being, education etc.
‰ The Indian Constitution enables the government to The Authority of a Constitution
take positive welfare measures some of which are ‰ In many countries constitutions remain defunct
legally enforceable. because they are crafted by military leaders or leaders
‰ constitution is to enable the government to fulfil who are not popular and do not have the ability to carry
the aspirations of a society and create conditions the people with them.
for a just society. ‰ The most successful constitutions, like India, South
Enabling provisions of the Constitution Africa and the United States, are constitutions which
‰ Constitution of South Africa assigns many were created in the aftermath of popular national
movements.
responsibilities to the government: it wants the
government to take measures to promote conservation ‰ Although India’s Constitution was formally created by
of nature, make efforts to protect persons or groups a Constituent Assembly between December 1946 and
subjected to unfair discrimination, and provides that November 1949, it drew upon a long history of the
nationalist movement that had a remarkable ability to
the government must progressively ensure adequate
take along different sections of Indian society together.
housing to all, health care, etc.
‰ No constitution by itself achieves perfect justice. But it
‰ In the case of Indonesia also, the government is
has to convince people that it provides the framework
enjoined to establish and conduct national education
for pursuing basic justice.
system.
‰ The more a constitution preserves the freedom and
‰ The Indonesian Constitution ensures that the poor equality of all its members, the more likely it is to
and destitute children will be looked after by the succeed.
government. Balanced institutional design
Fundamental identity of a people ‰ One way of such intelligent designing of a constitution is

‰ Finally, and perhaps even most importantly, a to ensure that no single institution acquires monopoly
constitution expresses the fundamental identity of a of power. This is often done by fragmenting power
across different institutions.
people.
‰ The Indian Constitution, for example, horizontally
‰ This means the people as a collective entity come into
fragments power across different institutions like
being only through the basic constitution.
the Legislature, Executive and the Judiciary and
‰ It is by agreeing to a basic set of norms about how one even independent statutory bodies like the Election
should be governed, and who should be governed that Commission.
one forms a collective identity. ‰ This ensures that even if one institution wants to subvert
‰ One has many sets of identities that exist prior to a the Constitution, others can check its transgressions.
constitution. But by agreeing to certain basic norms An intelligent system of checks and balances has
and principles one constitutes one’s basic political facilitated the success of the Indian Constitution.
identity. ‰ intelligent institutional design is: that a constitution
must strike the right balance between certain values,
‰ Second, constitutional norms are the overarching
norms and procedures as authoritative, and at the
framework within which one pursues individual
same time allow enough flexibility in its operations to
aspirations, goals and freedoms. The constitution sets
adapt to changing needs and circumstances.
authoritative constraints upon what one may or may
‰ Too rigid a constitution is likely to break under the
not do.
weight of change; a constitution that is, on the other
‰ It defines the fundamental values that we may not hand.
trespass. So the constitution also gives one a moral
‰ too flexible, will give no security, predictability or
identity.
identity to a people. Successful constitutions strike
‰ Third and finally, it may be the case that many basic the right balance between preserving core values and
political and moral values are now shared across adapting them to new circumstances.
UPSC

different constitutional traditions. ‰ By striking a balance between the possibility to


‰ It gives National Identity to people change the provisions and the limits on such changes,

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the Constitution has ensured that it will survive as a ‰ Aristocracies often connect wealth and ethnicity with
document respected by people. both the ability and right to rule.
‰ This arrangement also ensures that no section or group Monarchy
can, on its own, subvert the Constitution.
‰ Monarchy is a power system that appoints a person as
head of state for life or until abdication.
TYPES OF GOVERNMENTS
‰ Authority traditionally passes down through a
Democracy succession line related to one’s bloodline and birth
‰ Democracy is a form of government that allows the order within the ruling royal family, often limited by
people to choose leadership. gender.
‰ The primary goal is to govern through fair representation ‰ There are two types of monarchies: constitutional
and prevent abuses of power. and absolute. Constitutional monarchies limit the
monarch’s power as outlined in a constitution, while
‰ Democracies advocate for fair and free elections, civic
absolute monarchies give a monarch unlimited power.
participation, human rights protections, and law and
order. Theocracy
Oligarchy ‰ Theocracy refers to a form of government in which a
specific religious ideology determines the leadership,
‰ Oligarchies are governments in which a collection of
laws, and customs.
individuals rules over a nation.
‰ In many instances, there is little to no distinction
‰ A specific set of qualities, such as wealth, heredity, and
between scriptural laws and legal codes. Likewise,
race, are used to give a small group of people power.
religious clergy will typically occupy leadership roles,
‰ Oligarchies often have authoritative rulers and an sometimes including the highest office in the nation.
absence of democratic practices or individual rights.

Aristocracy
‰ Aristocracy refers to a government form in which a
small, elite ruling class — the aristocrats — have power
over those in lower socioeconomic strata.

Lexicon

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