NCERT Summary: Why do we need a Constitution- 1 | Indian Polity for UPSC CSE PDF Download

Introduction

The first function of a constitution is to provide a set of basic rules allow for minimal coordination amongst members of society.

Specification of Decision-Making Powers

• A constitution is a set of basic rules that outlines how a state is organized and governed. 
• The key questions to consider are: 
  • Who decides what the laws of society should be? 
  •  You might prefer rule X, but others might want rule Y. 
  • How do we determine whose rules should be followed? 
  •  You may believe your desired rules are the best, but others may feel the same about their own rules. 
  • How can we settle this disagreement? 
• Before deciding on the rules for the group, you first need to figure out: Who gets to make the decisions?
• The constitution answers this question by outlining how power is distributed within society. 
• It establishes who is in charge of making laws. 

In principle, this question, who gets to decide, can be answered in many ways: 

• In a monarchical constitution, a monarch decides, in some constitutions like the old Soviet Union, one single party was given the power to decide.
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• In democratic constitutions, the people generally have the power to make decisions.
• However, the situation is not straightforward. Just saying that the people should decide does not clarify how they should do so.
• For a rule to be considered law, is it necessary for everyone to agree on it?
• Should the people vote directly on every issue, like the ancient Greeks did?
• Alternatively, should the people show their choices by electing representatives?
• If the people act through elected representatives, how many representatives should there be?
• This is the function of the constitution. It is an authority that constitutes government in the first place.

Question for NCERT Summary: Why do we need a Constitution- 1

Try yourself:What is constitutional law?

• A.

  Provisions given in the Constitution
• B.

  Law to make Constitution
• C.

  Law to set up Constituent Assembly
• D.

  None of the above

Explanation

According to one wide definition, constitutional law is that part of national law which governs the systems of public administration and the relationship between the individual and the state. Constitutional law presupposes the existence of the state.

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• In the Indian Constitution, for example, it is specified that in most instances, Parliament gets to decide laws and policies and that Parliament itself be organised in a particular manner before identifying what the law in any given society is, you have to identify who has the authority to enact it. If Parliament has the authority to enact laws, there must be a law that bestows this authority on Parliament in the first place.

Limitations on the Powers of Government

Imagine you have assigned authority to a group to make decisions, but this authority enacts laws that you find obviously unjust. For example, they might ban your religious practices, outlaw certain colors of clothing, restrict singing specific songs, or impose rules that require individuals from certain castes or religions to serve others without the right to own property. Additionally, they could enable arbitrary arrests or restrict access to basic resources, like wells, based on skin color.

• You might think these laws are unfair and unjust.
• Even though they were created by a government that followed certain rules to come into power, there is something wrong about that government enforcing these laws.
• The Constitution places limits on how much power the government can have in various ways.
• A common way to restrict government power is by stating certain basic rights that every citizen has, which the government cannot violate.
• The specific rights and how they are understood can differ from one constitution to another.
• However, most constitutions will safeguard a fundamental group of rights.
• Citizens are protected from being arrestedwithout a valid reason or arbitrarily.

  
  

This is one basic limitation upon the power of government. Citizens will normally have the right to some basic liberties: to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business etc. and practice, these rights can be limited during times of national emergency and the constitution specifies the circumstances under which these rights may be withdrawn.

So, the third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them.

Aspirations and Goals of Society

• Most older constitutions mainly focused on distributing decision-making powers and placing limits on government authority. 
• In contrast, many constitutions from the twentieth century, especially the Indian Constitution, provide a framework that allows the government to undertake positive actions and reflect the hopes and objectives of society. 
• The Indian Constitution is recognized as particularly innovative in this regard. 
• Societies that have significant inequalities must not only restrict government power but also empower the government to take action against various forms of inequality and deprivation. 
• For instance, India aims to become a society free from caste discrimination. To achieve this goal, the government needs to be enabled to take necessary actions. 
•  Similarly, in South Africa, which has a long history of racial discrimination, the new constitution was designed to allow the government to eliminate such discrimination.
  

  Indian cast system

• A constitution can reflect the dreams and goals of a society in a positive way. 
•  The creators of the Indian Constitution believed that every person in society should have what they need to live a life of basic dignity and self-respect. 
•  This includes having enough material resources, access to education, and more. 
•  The Indian Constitution allows the government to implement welfare measures that are sometimes legally required. 
•  As we study the Indian Constitution, we will see that these provisions are supported by the Preamble of the Constitution. 
•  These important provisions are also mentioned in the section on Fundamental Rights. 
•  Additionally, the Directive Principles of State Policy instruct the government to achieve certain goals that reflect the desires of the people. 

The Fundamental Identity of a People

• Identity of a People: A constitution reflects the core identity of a group of people.
• Government's Role: The constitution helps the government to meet the hopes of society and create fair conditions.
• Formation of Collective Identity: A group of people forms their identity by agreeing on basic rules about governance and who should be governed.
• Multiple Identities: People have various identities before a constitution, but agreeing on certain fundamental rules shapes their main political identity.
• Framework for Individual Goals: Constitutional rules provide a structure within which people can pursue their personal goals and freedoms.
• Defining Boundaries: The constitution sets limits on acceptable actions, outlining essential values that should not be violated.
• Moral Identity: The constitution also helps to shape an individual's moral identity through these established norms.
• Shared Values: Many basic political and moral beliefs are commonly held across different constitutional systems.
• Global Diversity: Constitutions worldwide have many differences, such as the type of government and specific procedures, but they also share common features.
• Democratic Elements: Most modern constitutions establish some form of democratic government and usually claim to protect fundamental rights.
• Natural Identity Concepts: Constitutions vary in how they represent ideas of national identity.
• Historical Traditions: Nations often combine various historical traditions, connecting different groups in unique ways.
• National Identity Examples: For instance, German identity is tied to being ethnically German, while the Indian Constitution does not use ethnic identity for citizenship.
• Regional Relationships: Different countries have unique views on how regions relate to the central government, which helps define their national identity.

The Authority of a Constitution

• We have identified several important roles that a constitution serves in society. These roles help explain why many societies adopt a constitution.
• There are three additional questions we can consider regarding the constitution:
  • (i) What exactly is a constitution?
  • (ii) How effective is a constitution?
  • (iii) Is a constitution fair?
• In most nations, the term Constitution refers to a concise document that contains various articles about the state. It outlines how the state is to be organized and what rules it should follow.
• When we inquire about a country's constitution, we typically mean this specific document.
• However, some countries, like the United Kingdom, do not have a single document that is called the Constitution. Instead, they have multiple documents and legal decisions that collectively form what is referred to as the constitution.
• Thus, we can define a constitution as a document or a collection of documents that aim to fulfill the important roles previously mentioned.
• Many constitutions around the world exist only as written words on paper, lacking real power or effect. The key question is: how effective is a constitution?
• What factors contribute to its effectiveness? What ensures that it truly influences the lives of individuals?
• Making a constitution effective relies on various important factors.

Mode of Promulgation

• This section discusses how a constitution is formed.
• It examines who created the constitution and the level of authority they possessed.
• In several nations, constitutions fail to function effectively because they are made by military leaders or unpopular leaders who lack the ability to connect with the people.
• The most effective constitutions, such as those of India, South Africa, and the United States, were established following significant popular national movements.
• India's Constitution was officially created by a Constituent Assembly between December 1946 and November 1949, but it was influenced by a long history of the nationalist movement that successfully united various groups in Indian society.
• The Constitution gained a lot of legitimacy because it was made by individuals who had great public trust, could negotiate well, and respected many different parts of society.
• These leaders were able to persuade the public that the Constitution was not just a tool for increasing their own power.
• The final document represented a broad national agreement at that time.
• Some countries have asked all their citizens to vote on whether a constitution should be accepted through a full referendum.
• Although the Indian Constitution did not go through such a referendum, it was still widely accepted because it had the support and agreement of popular leaders.
•  Even without a referendum, the people embraced the Constitution by following its rules. 
•  Thus, the authority of those who create the constitution plays a significant role in determining its potential for success.

The Substantive Provisions of a Constitution

• It is essential for a successful Constitution to provide reasons for everyone in society to accept its rules. 
• For example, a constitution that allows a permanent majority to oppress minority groups would leave those minorities with no motivation to accept its terms. 
• Similarly, if a constitution consistently favors some individuals over others or gives power to a small group, it will lose support from the broader population. 
• When any group feels that their identity is being suppressed, they will not feel compelled to follow the constitution. 
• No constitution can create perfect justice on its own, but it must persuade people that it offers a structure for achieving basic justice. 
• Consider this thought experiment: What basic rules should society have to ensure everyone wants to follow them? 
• The more a constitution protects the freedom and equality of all its members, the higher the chances it will be successful. 
• Does the Indian Constitution, in general, provide reasons for everyone to support its main principles?