The Authority of the Constitution

A constitution typically consists of a set of articles specifying how a state is constituted and the norms it should follow. While most countries have a single document referred to as the Constitution, some, like the United Kingdom, have a series of documents and decisions collectively constituting their constitution. However, the effectiveness of a constitution depends on various factors.

1. Mode of promulgation: A constitution’s effectiveness is influenced by how it is created. Constitutions crafted by popular and credible leaders after periods of national movements, like India’s, tend to be more successful. Popular support and legitimacy are crucial for the success of a constitution.
2. Substantive provisions: A successful constitution provides reasons for all members of society to abide by its provisions. It must ensure freedom and equality for all, as a constitution that privileges certain groups over others risks losing legitimacy.
3. Balanced institutional design: Constitutions must intelligently distribute power among various institutions to prevent any single group from subverting it. For example, the Indian Constitution horizontally fragments power among the Legislature, Executive, Judiciary, and independent statutory bodies, ensuring checks and balances.
4. Procedures: The manner in which a constitution is framed also impacts its effectiveness. The Constituent Assembly of India engaged in extensive deliberation, emphasizing public reason and reasoned argumentation. Procedural fairness and inclusivity are crucial for the legitimacy of a constitution.
5. Inheritance of nationalist movement: The principles enshrined in a constitution are often inherited from the nationalist movements preceding its drafting. The Objectives Resolution, moved by Nehru in 1946, encapsulated the aspirations and values behind the Indian Constitution, emphasizing equality, liberty, democracy, sovereignty, and a cosmopolitan identity.
6. Institutional arrangements: Effective constitutions have balanced arrangements of governmental institutions, often borrowing ideas from other constitutional traditions while adapting them to local contexts. The Indian Constitution adopted a parliamentary form and federal arrangement, distributing powers between different levels of government.

In summary, the effectiveness of a constitution depends on its mode of promulgation, substantive provisions, balanced institutional design, fair procedures, inheritance of nationalist movements’ principles, and appropriate institutional arrangements.

Constitution: Why and How? Class 11 Notes: Constitution: Why and How? Class 11 Notes will help students understand what a constitution is, how it was made, its importance and why we should know what is written in the constitution. A constitution is a body of fundamental principles according to which a state is constituted or governed. The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. It was drafted by the Drafting Committee which was headed by Dr. B.R. Ambedkar.

In this article, we have talked about the Constitution, its functions, its authority, how the Indian Constitution was made and its borrowed features from other countries’ constitutions.