A constitution must have the following provisions in it
CONTENTS OF THE CONSTITUTION:
A constitution must have the following provisions in it Organization and form of administration of the state 1. Functions of different organs of the government their powers and mutual relations.2. Mention of fundamental rights of the citizens3. The relation of the government with the people. 4. The procedure of the government of the constitution 5. Among all the above three are most important. Burgess calls them as the constitution of liberty, constitution of government and the constitution of sovereignty.
NEED FOR FUNDAMENTAL RIGHTS.
The provision of fundamental rights in constitution is considered essential for it imposes definite limitations on the powers of the government. It is a declaration that no government can tamper with these rights of individuals. It establishes a limited and free government.
Fundamental rights are the lifelines of democracy. Almost all the written constitution of the world contains Fundamental rights. In the constitution of India part III (Arts 12-32) fundamental rights are included. The state cannot make a law, which takes away, or abridges any of he rights of the citizens guaranteed in Part III of the constitution. If it passes such law, it may be declared unconstitutional by the courts. The people of he United States of America attach a great sanctity to the rights. But fundamental rights are not absolute.
They aare subjected to limitations in order to secure or Promote the greater interests of the community or the state. If There is no binding on fundamental rights it may lead to anarchy. Restrictions are necessary. Many constitutions provide for such Restrictions.
CONSTITUTION OF GOVERNMENT :
Second essential content of a constitution is composition And powers of government. The main objective of the constitution is to provide outlines for the structures and powers of the government. A great portion of constitution is devoted to serve this particular purpose. How should the government be organized? How should it work? These questions are answered in the constitution. In wider sense the organization of government includes-
1. Division of powers amongst various departments. 2. Organisation of particular agencies through which state manifests itself.3. The extent and duration of their authority 4. The modes of appointment or election of public functionaries.5. The constitution of the electorate. Some constitutions give a detailed and specific description of composition and powers of the government and there are some constitutions, which are very general and short in displaying government. The constitution of USA adequately provides for the separation of powers among the executive legislative and judicial departments and the organization powers. It also contains statement regarding their jurisdiction and powers. It also includes list of prohibitions both for central and state government. According to Bryce the constitution of America-'ranks above any other written constitution for the intrinsic excellence of its scheme, its adaptation to circumstances of the people, the simplicity the brevity and precision of its language and its judicious mixture of definiteness in principle with elasticity in details'. The constitution of India is also an excellent and remarkable specimen. The Constitution Assembly has taken utmost care that nothing should be left unwritten which may create confusion and problem in future. Our constitution is bulkiest in the world. It was because of the complex diversity of culture, language and religions. The French constitution of 1857 provided only that the Deputies shall be elected by universal suffrage. It contained no provisions regarding the composition, the method of election, the term of office and organization on the powers of chamber of deputies. It was also silent on the organization of judiciary. Such constitutions are examples of general and brief presentation to government which are not good and which will not long. They lead to failure.
AMENDMENT OF CONSTITUTION: It indicates towards the procedure of amendment of the constitution. A written constitution must have procedure for amending the constitution and it is regarded as an essential part of every written constitution. The method of amendment only guarantees application and sanctity of the constitution. It is upon the method of amendments that guarantees of individuals liberty and the adaptability of the constitution depends.
The method of amendment may be simple or may be a Complex and difficult procedure. It is simple and enables the political sovereign to express its will, there can be no conflict between the actual conditions and legal organization. But an easy method of amendment may lead to instability. If the constitution is having difficult method of amendment it may result in one of the two things.
First there may grow up extra legal institutions fully supported by public opinion.
Secondly, if such extra-legal institutions are not allowed to grow, the consequence may be a revolt.
The method of amendment must be such which should neither give instability nor generate revolution.
As Jennings says 'A constitution has to work not only in the environment in which it was drafted but also centuries later. It must therefore be capable of adoption to new conditions as they rise.'
All the above-discussed contents are essential for a written as well as unwritten constitution. The difference is that in a written constitution they find more clear and definite place whereas in unwritten constitution they are little vague.
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11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes : Contents Of The Constitution |