Introduction of Indian Constitution
The constitution of a country lays down the basic structure of the political system under which the citizens are governed. It may also be defined as the foundational law of the country which ordains the fundamentals of its polity and on the altar of which all other laws and executive acts of the state are to be tested with regards to their validity and legitimacy. It leads to the establishment of the main organs of the state such as the legislature, the executive and the judiciary, defines their power, their responsibility and regulates their relationships with each other and with the people.
In a democracy, sovereignty is vested in the people and ideally, they govern themselves. But, with the continuously growing complexities of administration and the size of the nation-states, direct democracy is no more feasible. In the present representative democracies, people exercise their right to decide how and by whom they want to be governed. The primary and the most important fundamental application of their sovereignty by the people is providing themselves a constitution which outlines the ground rules under which certain power are transferred to various organs of the state and are to be exercised by them. Every constitution represents the vision and values of its founding fathers and is based aspirations of the people.
Functions of the constitution
In the border sense, the function of a constitution includes the following: –
- To provide a basis structure of rules that in turn allow for minimal co-ordination amongst the members of a society.
- To specify that who will have the decision-making powers in a society and to decide the procedure by which the government would be constituted.
- To specify the limits on what a government can impose on the citizen. These limits are fundamental in the sense that the government may never trespass them.
- To enable the government to fulfill the aspirations of the society and create favorable conditions for a just society.