Constitutional Law is a body of legal rules which determine the
Constitution of a particular State. When a state has a federal structure then a
written Constitution becomes necessary in-order to determine the dividing
rights between the Center and various States. Federal structure is when two
sets of Governments namely Central and regional operate and function
simultaneously. E.g., India, United States of America and many other countries
have a federal structure where the Center and the States have simultaneous
governance.
The United States of America is a federal republic. The United States of
America unites people of different interests, cultures, backgrounds similarly
in India too people from different states having different languages, culture,
traditions etc. who stay united. Constitution is the supreme law of the land
for India as well as for United States of America.
There are countries without a written Constitution as well. United
Kingdom does not have a written Constitution. Though United Kingdom does not
have a written Constitution but different documents, decisions of Courts etc.
guide and shape the country legally, politically, economically and socially. New
Zealand does not have a written Constitution or any form of law that is higher
than any laws passed by the Parliament. The Government in New Zealand works
based on Acts passed by the Parliament, decisions of Courts, unwritten
constitutional conventions etc.
Basic Law of Germany contains all the features of a constitution but the
term Basic Law intends to show the provisional nature of this law. In Germany
it is known as the Basic Law. It is the people of Germany who in exercise of
their constituent power, have adopted the Basic Law. Similarly, the Preamble to
the Constitution of India and the Preamble to the United States of America
begin with the words ‘We the People’ depicting that the Constitution is from
the people. It is the people who have given themselves the Constitution.
The Constitution of India is lengthy and detailed. Some of the
provisions in the Constitution of India are as follows: Citizenship,
Fundamental Rights, Directive Principles of State Policy, Fundamental Duties,
Emergency Provisions etc. The legislature, executive and judiciary too are
covered in detail. The Constitution also provides for division of powers
between the Union and States. Though the Constitution is federal in nature, yet
in India there is single citizenship of the Union and one need not have
citizenship of a particular State and of the Union at the same time. One of the
Fundamental Rights that the citizens of India have is to move freely throughout
the territory of India subject to reasonable restrictions mentioned in the
Constitution.
Like the federal Constitution in U.S. the various States of U.S. have
their own Constitutions. The laws and Constitution of each State of U.S.
establishes its own State Courts. Side by side with the national judicial
system is the state judiciary. The Supreme Court of the State is the highest
Court of that State and below it is the court of appeals and below the court of
appeals are the district courts. In India the states do not have their own
Constitution or its own Supreme Court like the way it is in the United States
of America.
The Preamble to the Constitution of India mentions to constitute India
into a Sovereign, Socialist, Secular, Democratic and Republic. As per the
Constitution of France it is an indivisible, secular, democratic and social
republic State. The maxim of the Republic is ‘Liberty, Equality, Fraternity’
and the principle of the Republic is ‘Government of the people, by the people
and for the people’ depicting the democratic set-up of the country.
In India too, the Government is of the people, by the people and for the
people. As per the Preamble to the Constitution of India the people of India
secure to all its citizens liberty of thought, expression, belief, faith and
worship; equality of status and of opportunity and promote among them all
fraternity assuring the dignity of the individual and the unity and integrity
of the Nation.
There are certain Constitutions which have a Preamble. The Preamble to the Constitution is an introduction to the highest
law of the land. Constitution of India, United States of America, France,
Republic of Ireland and various other countries have the Preamble. There are
some Constitutions which may not have the Preamble.
Drafting the
Constitution of a country requires enormous efforts along with an in-depth
study of what should and shouldn’t be added. Afterall, it is the supreme law of
the land and would determine a lot of aspects that play a vital role in each
and every one’s life. Constitutions do get amended when there is a need felt
because law is never static. With changing times there is always a need felt to
keep the law updated and upgraded so that the purpose of public good is served.
Almost all modern governments are made of three branches namely the
legislature, executive and judiciary. These three branches have a detailed
mentioning in the Constitution. It is very much essential to have checks and
balances of the branches so that a particular branch does not misuse its
powers. Legislative branch means the branch of government which is concerned
with making of laws, Executive branch means the branch of government
that oversees the carrying out of laws i.e., implementing the laws for good
governance and Judicial branch is concerned with the administration of
justice through the interpretation of law. Especially in a federal structure
the interpretation of the Constitution is of great importance so that the
federal structure is successful in its functioning.
Constitutions of almost all nations establish the ‘Rule of Law’ which
means that no one is above the law. It is only the law that is supreme and all
are subject to the law. The belief that the one who makes the law will never break the law and
will adhere to what has been passed as law is a perception of the past. Today,
Constitutional law strives to make everyone accountable without any difference
or bias.
