Wednesday, May 29, 2013

Constitution - features and classification

Meaning:
The term Constitution is derived from the Latin word "Constitute" meaning "to establish". Its the basic document of the state.
The term Constitution is defined by several writers in diff ways.  Aristotle defined Constitution as "the way of life which the state has chosen for itself".  Dicey says that those rules which effect the sovereignty of a State". Austin says that Constitution fixes the structure of supreme government.
The Constitution comprises the following distinctive features:
  1. It is a body of rules, maybe written or unwritten;
  2. Determines the powers of organisations of gov and privileges of the subjects;
  3. Lays down certain rules of the organs of the gov, their powers and their mutual relationship;
  4. It may be in a single or several documents, in detailed or short and brief form
In nutshell, a Constitution is the fundamental law of a state and it varies from country-to-country. A government of country is no longer run according to the whims and fancies of an individual but it is run accordance to the Constitution.
A good constitution must possess the following characteristics-
  1. Definiteness
  2. Comprehensiveness
  3. Stability and flexibility
  4. Suitability
  5. Provision of rights and duties

The following are the salient features of the Constitution of India.
  1. Longest written constitution
  2. Partly Rigid and Partly Flexible
  3. A Democratic Republic
  4. Parliamentary System of Government
  5. A Federation
  6. Fundamental Rights
  7. Directive Principles of State Policy
  8. Fundamental Duties
  9. Secular State.
  10. An Independent Judiciary
  11. Single Citizenship

Classification:
Constitution may be classified on several basis. The traditional classification of Constitution has been written or unwritten. Constitutions are sometimes classified according to the amendment, i.e., flexibility and rigid Constitution.
A more accepted classification is :
  1. Granted Constitution -
    Its one which, without conveying sovereignty, is granted by a sovereign authority such as monarchs.
  2. Enacted Constitution - 
    Its one that is drawn up by a deliberate body adopted by a direct or indirect vote of the people such as Constituent Assembly and by a regular legislative body.
  3. Evolved Constitution - 
    Its one that is developed in stages over a long period of time like in the U.K. Here Statutes and Charters, besides customs and conventions pay an important role in a Evolved Constitution.

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