Constitution: Why And How?

Learning Outcomes:

1. Understand the definition of a Constitution and its significance.
2. Grasp how constitutions allocate power within a society.
3. Learn the process of the making of the Indian Constitution.
4. Identify the limitations imposed by constitutions on governmental powers.

Why Do We Need a Constitution?

A Constitution serves as a crucial instrument that sets out the rules for how a society is governed. It is essential because, in a diverse society, basic coordination among members is vital. People differ in religion, professions, abilities, and opinions, leading to potential disputes over various issues. The Constitution creates common ground through agreed-upon rules that ensure peaceful coexistence and cooperation.

1. Basic Coordination: Members of society need basic rules to coordinate. Without such rules, everyone would feel insecure about what actions others might take. A Constitution provides publicly known rules, which assure all members of society that others will follow these rules.
2. Enforceable Rules: The Constitution also ensures that these rules are enforceable. Citizens need the assurance that violations will lead to punishment. This legal enforcement builds trust in society.
3. Decision-Making Powers: The Constitution defines who holds the power to make decisions for society. This is essential because people often differ on what laws should govern them. For instance, in a democracy, power is vested in the people, but they act through their elected representatives.

Important Note: The Constitution’s function extends beyond laying down rules; it also specifies who has the power to make these rules.

4. Limitations on Government: The Constitution does not allow unchecked governmental power. It sets clear limits, such as ensuring fundamental rights that governments cannot violate. These rights include freedom of speech, conscience, and association.
5. Aspirations and Goals of Society: Modern constitutions like that of India also provide an enabling framework for the government to achieve the society’s aspirations. For instance, India aims to eliminate caste discrimination, and the Constitution enables the government to take steps toward this goal.

Important Note: The Indian Constitution balances the protection of individual rights with the need to empower the government for societal improvement.

6. Fundamental Identity of a People: A Constitution defines the fundamental identity of its people. It serves as a moral compass by laying down authoritative principles that citizens agree upon. This creates a collective identity, even among individuals with diverse backgrounds.

Functions of a Constitution

1. Basic Coordination and Assurance: The first function is to provide basic rules that allow coordination and cooperation among society members.
2. Decision-Making Powers: The Constitution allocates power within society, specifying who has the authority to make laws and decisions. It sets out the structure of government, such as defining the roles of Parliament, executives, and judiciaries.
3. Limitations on Government Power: The Constitution places limits on governmental powers by establishing fundamental rights and legal frameworks that restrict what the government can and cannot do.
4. Aspirational Goals: It provides a framework for governments to achieve the aspirations of society, such as social justice and equality.

Important Note: A Constitution isn’t just about limiting government; it is also about enabling positive actions to bring about societal change.

5. Defining National Identity: Lastly, the Constitution shapes the collective identity of a nation. It defines how people are governed and establishes common principles that unite citizens.

The Authority of a Constitution

The effectiveness of a Constitution depends on several factors. A Constitution may exist in theory, but it will be ineffective unless it has authority and is respected by the people it governs.

1. Mode of Promulgation: Constitutions are more likely to be effective if they are created by legitimate authorities. For example, the Indian Constitution drew its authority from the fact that it was drafted by a widely respected Constituent Assembly that represented various sections of society.
2. Substantive Provisions: For a Constitution to command respect, it must provide reasons for all groups in society to support it. If a Constitution favors one group over others, it risks losing legitimacy.

Important Note: A Constitution should aim to preserve equality and freedom, ensuring all groups feel represented.

3. Balanced Institutional Design: An effective Constitution divides power intelligently across different branches, such as the executive, legislature, and judiciary, preventing any single group from acquiring too much power.

Key Concept: The checks and balances system, as seen in the Indian Constitution, prevents tyranny by distributing power across institutions.

How Was the Indian Constitution Made?

The Indian Constitution was formally created by a Constituent Assembly elected for undivided India. Despite the turmoil of Partition, the Assembly managed to draft a Constitution that addressed the rights and needs of all citizens.

1. Representative Assembly: The Assembly included members from various backgrounds, including Scheduled Castes and minorities. Though the Congress Party held a majority, it reflected a wide range of opinions.
2. Deliberative Process: The Assembly was characterized by reasoned debate and public discussions. Every clause of the Constitution was subjected to intense scrutiny, ensuring that the final document was based on principles of justice.
3. Inheritance from the Nationalist Movement: The ideals embedded in the Indian Constitution were largely shaped by the nationalist struggle for independence. The Objectives Resolution moved by Jawaharlal Nehru in 1946 encapsulated these ideals, focusing on sovereignty, justice, and liberty.
4. Institutional Arrangements: The Constituent Assembly spent significant time debating the balance of power between the states and the central government. Ultimately, the Constitution established a parliamentary form of government with a federal system, ensuring the distribution of power between the national and state governments.

Comparative Constitutional Provisions

Important Note: The Indian Constitution, while borrowing from others, was tailored to suit the specific needs of India.

Procedures and Deliberation

The deliberation process within the Constituent Assembly was a hallmark of public reason. Members provided principled arguments, not just self-interested positions, and engaged in extensive debates over the clauses. Universal suffrage, for example, was adopted without any debate, reflecting the shared commitment to democracy.

1. Committee Structure: The Constituent Assembly operated through eight major committees, chaired by leaders like Nehru, Patel, and Ambedkar. These committees drafted specific provisions, which were then debated by the entire Assembly.
2. Public Engagement: The sessions were open to the public and press, making the process transparent and accountable to the people.

Key Concept: Public accountability played a vital role in ensuring the Constitution was representative of all interests.

3. Inheritance of Nationalist Ideals: The Constitution was not created in isolation but was deeply informed by the nationalist movement. The Objectives Resolution provided the foundation for many principles, including equality, sovereignty, and social justice.

Key Constitutional Values

1. Sovereignty: India was declared an independent, sovereign republic.
2. Justice: The Constitution committed to ensuring social, economic, and political justice for all.
3. Liberty: Fundamental freedoms such as speech, belief, and association were guaranteed, subject to public morality.
4. Equality: All citizens were guaranteed equality before the law.
5. Fraternity: The Constitution emphasized the importance of fraternity, recognizing the interconnectedness of liberty, equality, and fraternity.

Multi-Choice Question (MCQ)

Which of the following best represents the primary purpose of the Constitution?

1. To ensure that certain individuals gain power.
2. To limit governmental authority and provide a framework for justice.
3. To establish a fixed identity for all citizens.
4. To implement a legal code that does not change.

Answer: 2