CONSTITUTION

Constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, that is constitute, what the entity is.

When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution.

Key features In the broadest sense a constitution is a body of rules governing the affairs of an organized group. A parliament, a church congregation, a social club, or a trade union may operate under the terms of a formal written document labeled a constitution. Not all of the rules of the organization are in the constitution; many other rules (e.g., bylaws and customs) also exist.

1. Codification A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten. Codified constitution Most states in the world have codified constitutions. Codified constitutions are often the product of some dramatic political change, such as a revolution. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change.

Following are features of democratic constitutions that have been identified by political scientists to exist, in one form or another, in virtually all national constitutions.

The preamble, which is omitted in some constitutions, may contain a reference to God and/or to fundamental values of the state such as liberty, democracyor human rights.

Codified constitutions normally consist of a ceremonial preamble, which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions.

Uncodified constitution: An uncodified constitution is a type of constitution where the fundamental rules of government take the form of customs, usage, precedent and a variety of statutes and legal instruments constitutional conventions, observation of precedents, royal prerogatives, customand tradition.

2. Rigid and Flexible Constitution: Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. Those that are flexible allow any of the rules of the constitution to be modified through the simple procedure by which ordinary statutes are enacted.

3. ENTRENCHMENT: The presence or lack of entrenchment is a fundamental feature of constitutions. There may be a requirement for a special body to be set up, or the proportion of favourable votes of members of existing legislative bodies may be required to be higher to pass a constitutional amendment than for statutes.

4. Separation Of Powers: No modern country can be governed from a single location only. Accordingly, all countries have at least two levels of government: central and local.

 5. Unitary and Federal Form of Government:

Depending on how a constitution organizes power between the central and subnational governments, a country may be said to possess either a unitary or a federal system.

Although local governments may enjoy considerable autonomy, their powers are not accorded constitutional status; the central government determines which decisions to devolve to the local level and may abolish local governments if it so chooses.

The most important distinction between a unitary system and a federal one is that the states or provinces of a federal state have constitutionally protected sovereignty.

The model federal state is characterized by the existence, at the national level, of a written, rigid constitution guaranteeing the several intermediate governments not only permanence and independence but also a full complement of legislative, executive, and judicial powers.

Branches of Government: The term "tripartite system" is ascribed to French Enlightenment political philosopher Baron de Montesquieu : to make laws, to execute them and to adjudicate them. The separation of powers is based on the idea that no branch of government should be more powerful than any other, and that each separate branch of government should have certain checks on the powers of the other branches of government.

LEGISLATURE: A central feature of any constitution is the organization of the legislature. It may be a unicameral body with one chamber or a bicameral body with two chambers. Bicameral system, in which an upper house represented the nobility and clergy and a lower house represented the bourgeoisie.

It was generally held that single chambers were charcterised by instability, violence and passion and that their actions were unbalanced and impulsive. It is consequently thought necessary to have bicameral system.

FUNCTIONS OF LEGISLATURE: They may be classified as legislative, regulatory, financial, deliberative, judicial, constituent and electoral functions. 1. Legislative functions: Law making is the foremost function of a legislature as it is the direct source of legislation.

2. Regulatory Functions Under Parliamentary System of government the legislature exercises its immediate and direct control over the executive. The executive is under responsible and answerable to the legislature for all its actions.

3. Financial Powers It is a fundamental principle, recognised in all civilized country, that no tax shall be collected or expenditure be made without the approval of the legislature .

4. Deliberative Functions The Legislature is a deliberative body, a forum where many persons represent numerous interests, various points of view of different sections of the community. This is a body which facilitates determination of policies and legislation through a process of debate and discussion.

5. Judicial Function The legislature also exercises some judicial function. Certain countries have entrusted to their legislatures the function of trying high constitutional authorities like the head of the executive, members of judicially and other constitutional bodies through the motion of impeachment.

6. Constitutional Functions The legislatures also have constitutional functions to perform. Most of the legislatures have been entrusted with the powers to amend the constitution.

7. Electoral Functions Many of the legislatures participate in electoral functions. The Indian Parliament takes part in the election of the President and Vice-President of India. It also elects some its members to various committees of the House. It elects its presiding and deputy presiding officers.

Functions of Executive In the modern state a variety of functions are performed by the executive, as stated below. 1. Administrative Function: The administration function of the executive includes the following. (a) Execution of Laws and Judicial Decision: The executive is entrusted with the responsibility to execute laws made by the legislature, and decisions of the Judiciary coming in the forms of judgements of courts.

(b) Maintenance of Law and Order: Another important function of the executive is to maintain law and order. The police are mainly in change of this task.
2. Diplomatic function: It means the conduct of foreign relations. The executive appoints diplomatic representatives to foreign states and receives representatives from them.

3. Military Function: The chief executive, in most of the states, is made the supreme commander of the defence forces. The power of waging war and concluding peace with any foreign state is assigned to the executive.

4. Financial and Economic Function Budget-preparation: In almost all the countries, the budget or the Annual Financial Statement is prepared by the executive and presented to the legislature for approval.

5. Judicial Function: The chief executive has the right of pardon or clemency. He may suspend, remit or commute the sentence of a person convicted of an offence.

Constituent Function: The constitution may require certain changes. It executive which determines what changes are necessary in the constitution, and such changes. It also takes the lead in piloting those constitutional amendments.

7. Legislative Function: Law-making is the main function of the legislature, contribution of the executive to law-making is also significant. The executive pre legislative proposals, sends them in the form of bills to the legislature, pilots and them on the floor of the legislature and works hard for the passing of bills by the legislature.

8. Welfare Function: It is the duty of the government to ensure that the people have food, clothes, shelter and access to education etc. The states are generally becoming 'welfare states'.

JUDICIARY
1. Interpretation of Law: The primary function of the judiciary is to interpret law and apply them to specific cases that come before it. It applies the principles of custom, statues and written constitutions to specific cases.

2. Custodian of the Constitution: The judiciary acts as guardian of the constitution in federal government. Constitution in a federation is the supreme law of the land. The judiciary protects its spirit and character.

3. Guardian of Civil Liberties: The judiciary is the guardian of civil liberties of the people. It protects individual liberty by punishing those who encroach upon it. It also protects the people against an arbitrary action of the government. The Constitution of India uncle article 32 has made the Supreme Court guardian of fundamental right against their violation by the State.

4. Legislative Functions of the Judiciary: The judges not only interpret and apply law but also expand and make law. Laws are not so comprehensive as to cover all details of every case that comes before the courts for decision. The courts thus find the exact meanings of the law, expand its details and apply general principles of justice and morality.

5. Advisory Functions: The courts also give advisory opinions when requested to do so by the executive or by the legislature.

6. Administrative Functions: The Supreme Court and High Courts arc also empowered to appoint their local officials and subordinate staff. This is an administrative function of the judiciary.

Judicial review is the doctrine under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a written constitution.

Independence of the Judiciary Judges have the ultimate responsibility for decisions regarding freedoms, rights and duties of natural and legal persons within their jurisdiction. The independence of each individual judge safeguards every persons right to have their case decided solely on the basis of the law, the evidence and facts, without any improper influence.

A well-functioning, efficient and independent judiciary is an essential requirement for a fair, consistent and neutral administration of justice. Consequently, judicial independence is an indispensable element of the right to due process, the rule of law and democracy.