Introduction to Constitution

Introduction to Constitution

The document which contains the fundamental philosophy, processes and modalities of governing a country is called constitution. The governing and directing processes of a country are determined by the political philosophy and ideals of that country. Constitution is a written document of the political philosophy, thoughts and ideals. It is also called the main law of a nation. The provision of constitution reflects the rules of a country. 

People's participation should be a must in the formulation of laws and overall development of a country. Constitution must reflect the aspirations and concerns of the people. constitution 

Decides the structure of the state according to the nature of geographic, economic, social, historical, diplomatic and cultural aspects of a country. The system of government adopted by a country depends on these aspects. So constitution is amended and modified as per the changes in political scenario as well as circumstances. 

There are two types of constitution in the world. They are written constitution and unwritten constitution. Britain, which is regarded as the mother of democracy, does not have written constitution. The prevailling traditions, customs, norms, convictions and practices are the bases of ruling the country. United States of America is the first country to have a written constitution. America adopted constitution in 1787 AD which is the oldest of all. At present, many countries of the world have written constitutions. 

Constitution dictates the structure of the government, controls its powers and provides its action with legality. Actually, it is a political and legal document of a country which limits the governments powe, guarantees people's right, divides power among states/organs and decides the nature, structure and functioning of the government. 

The good governance and rapid development of a country require a good constitution. A good constitution should have the folloeing characteristics. 

1. Clarity : Clear and unambiguous constitution easily solves the national problems. So the provisions of constitutional articles and sub-articles must be clear and unambiguous.

2. Flexibility : Aspirations and need of the people may change with the change of time. So the constitution of a country should be flexible i.e. it can be amended according to needs of the time and situation.

3. Broad based : when constitution includes all aspects of people and rules, it will be a good constitution. So the constitution of a country should be broad based. It must includes the major aspects like the system of government, people's rights and duties, political powers and so on.

4. Fundamental rights : a good constitution spells out the fundamental rights clearly and includes the provisions of promotion and protection of the rights.

5. Independent judiciary : a good constitution guarantees the independence of judiciary and includes the juducual review. So it must have independent judiciary. Rule of law must be ensured so that public welfare can be guaranteed.

6. Separation of power : the constitution should make the clear provision of distributionof power among legislature, executive and judiciary keeping them interdependent and self-restrained.

7. Respect for public wish : a good constitution is prepared according to the public wish for their welfare. It ensures the successful implementation of the constitution.