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Home Study Material For Judicial Services Constitutional Law

What is “Constitution”?

iasnext by iasnext
2 years ago
in Constitutional Law
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Salus populi suprema lex esto

(“Let the good of the people be the supreme law”)

What is “Constitution”?

For a school to function properly, there are a set of rules and regulations that are followed. These rules include the discipline, a prescribed uniform, strictly adhered curriculum, a body which regulates student affairs, etc. Similarly, for a country to function properly, there are certain rules and regulations that have to be followed.

The constitution derived from a Latin term “Constitutio’ is considered as the binding and unifying force of a country as it consists of certain rules and regulations for the functioning of a country. 

It is considered as the supreme law of the land and along with the set of rules and regulations,  it also contains the rights and duties of the citizens. 

This establishes a relationship between the state (a country is also referred as a ‘state’) and its citizens.

There are two types of Constitution:

Written Constitution: A written constitution consists of the rules and regulations of a country in a single or more documents. It is precise and certain.

India, United States of America, etc. have adopted the written Constitution

Unwritten Constitution: An unwritten Constitution does not contain one single document that bears the rules and regulations of a country. The countries that have adopted unwritten constitution have the provisions in the form of established principles, treaties, conventions, precedents etc. It is not precise or certain.

United Kingdom, Canada, New Zealand etc., have unwritten constitutions.

Why is the Constitution, called the “supreme document” of the country?

The Constitution is referred as the supreme document because nobody is above it. This includes both the state and its citizens. 

On the other hand, the Constitution of a country is the origin of all the other laws of a country.

 No law can be formulated in contravention to the provisions of the Constitution. 

The Constitution defines the powers of the three organs of a country viz., Legislature, Executive and Judiciary.

THE CONSTITUTION OF INDIA

  • The Constitution of India was adopted on twenty-sixth November, 1949 and has come into force on twenty-sixth January, 1950.
  •  Dr. B.R. Ambedkar was the Chairman of the drafting committee of the Constitution.
  •  According to Article 393 of the Indian Constitution, the Constitution is to be referred as the “Constitution of India.”
  • The Constitution of India consists of a Preamble, 448 articles, 22 parts and 12 schedules.
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