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Constitution of India: Basics
Hello Friends, We will try to explain the concept in such a way that even first time reader can understand and appreciate. Before starting to explain what is Constitution, lets first try to understand from an example/story what would have happened, if there is no Constitution in Place…We would understand it in the form of Pyramid. Precondition: You forget about the current system and try to imagine below mentioned story phase by Phase:
Ram: A citizen who is going by his car. Shyam: Traffic Poilcewala Part-I of Story Ram: Crosses the red light thinking that as per his understanding he should cross when there is redlight. Shyam: As per his understanding One should cross the light when there is green light..So he stops the Ram and ask him to pay penalty.. Ram: Why I am require to penalty, as per my understanding…… Shyam: You have to pay penalty because as per my understanding…
Lesson-1: Can you feel, what is missing…RULES so that every one has same understanding of doing things.. Also it perform another important function i.e. it limits the discretionary power of Administrative Authorities…otherwise Traffic Policewala in this example could abuse its authority and penalize people arbitrarily. It implied even traffic management can not be done without Rules, how Country can be governed without Rules. So you requires Rules…
Part-II of Story Now Lets Assume there are Rules of Traffic..
Shyam to Ram: You please see the Traffic Rules in which is written that One has to cross the traffic when there is Green Right.. Ram: Ok,but please tell who has made these rules.. Shyam: State Legislature (Vidhan Sabha).. Ram: I donot accept, As per me State Government do not have power to make Rules..
Lesson-2: Can you feel, what is missing, Authority to make Rules..Now question comes who will give this authority to make rules..So we require another set of rules who will define who has what type of powers..So these RULES are called Constitution..which gives Legislative Powers.
Part-III of Story
Shyam to Ram: Now you are convinced that these TRAFFIC RULES are made by State Government under authority given by Constitution.
Ram: Okk, but please tell who authorized you to implement these Rules..
Shyam: State Government.
Ram: Who authorise the State Government.
Lesson-3: One can feel that there must be rules who can define the authority of enforceability/implementation of these Laws/Rules made by Legislature. So Constitution plays this role by providing structure of executives who will implement the rules/laws made by Legislature..
PART-IV of Story
Ram: Okk, now I am convinced with making of Rules and execution of these Rules, but I have difference of opinion over meaning of some of these Rules..
Shyam: I have authority to interpret these Rules..
Ram: No I can not accept because then you will interpret as per your comfort/discretion and can abuse the power..
Lesson-4: We can feel that we require some independent mediator who can interpret these Rules/Laws made..So Constitution provides for Independent Judiciary to play this Role.
PART-V of Story
Lesson-5: Now once Constitution provides rules regarding making of Laws/Rules, Execution of Laws/Rules, Interpretation of Laws/Rules…It has also provide Rules regarding how people will be selected to play these roles and their Structure..
Here Constitution play role of Defining Political System under which Country is to be governed for instance
For Legislature, (Parliament/State Legislature) People will selected by People i.e. by Democratic Means.
For Execution, Political Party having majority of legislatures will play role of executives for execution of Rules..
For Judiciary also defines required qualification and requirements..
SALIENT FEATURES OF CONSTITUTION OF INDIA
All salient features of Constitution roams around one idea that it limits the arbitrariness, Restrict the power of one organ or One Institution of State(Legislative/Executive/ Judiciary) from absolute power so that One Organ or Institution do not behave like Kings. It also promote and protect democracy. In this lieu following can be described as Salient Features:
SUPREME LAW OF LAND:It is Supreme Law of Land as general Laws/Rules are made under its authority. So if there is any conflict between a General law and constitution, General Law will be considered invalid to the extent it is in conflict with Constitution. It should be noted that Whole law will not become invalid only to the extent which is in conflict. For instance section 66A of Information Technology Act,2000 was in conflict of Constitution, that’s why Section 66A of IT Act,2000 was declared invalid.
DEMOCRATIC & REPUBLIC:Constitution of India establish democratic institutions like Law Makers are to be selected by citizens of India. Along with Democratic it is Republic in the sense that Head of State in India i.e. President is also democratically elected by Representatives of Citizens of India not any King or Monarch. For instance, Britain is Democratic but not Republic because Head of State is Queen.
SEPARATION OF POWER: As already explained in introduction that it limits the power of each Organ, So it created separation of power i.e. each organ has its definitive power not absolute power. At the same time it provides adequate Check and Balance among Organs which means if One Organ try to excess its power Other Organ has been empowered to check the same.
CITIZENSHIP RIGHTS: It is also to restrict the powers of Organs of State, it provides basic Rights to Citizens which no organ of State can overrule..These rights are called Fundamental Rights. We will read them in details in another Post.
FEDERAL: It is also an effort to limit the Power of One Organ along with Administrative Efficiency to govern such Vast and diverse country, it creates Federal Structure of Polity. It means every kind of powers be it Legislative or Executive are distributed among Union and States.We will discuss this in detail in another post.
INDEPENDENT JUDICIARY: For performing the role of interpreter of Laws, Checks and Balance, Protect Rights of People from Contravention by State, Resolving dispute between Union and States, Constitution of India creates Independent Judiciary. Here it should be noted that Independent does not means they are not accountable.
WRITTEN CONSTITUTION: Indian Constitution is a written Constitution which is coded at One Place.
AMENDABLE: Indian Constitution provides room for changes in Constitution to handle the challenges arise due to social, political and economical changes.At the same time it can not be amended in such a way that the basic structure of Constitution is changed. We will discuss this in detail in another post.
We hope that readers are able to understand the small tit-bits of basics of Constitution of India. We will also upload the video on FabGyan Channel of Youtube in days to come to cover the above topic.
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