Constitutional Government
1. What is a Constitution?
A constitution is a living document that guides how a country is governed. It outlines the rules, rights, and values that shape the relationship between the government, society, and individuals. It has three main parts:
(a) Set of Rules
- Defines the structure, functions, powers, and duties of the three branches of government: Legislature (makes laws), Executive (implements laws), and Judiciary (interprets laws).
- Ensures each branch stays within its limits by giving the other branches the power to check it. For example, in the USA, the President can be impeached if they exceed their authority.
- Also sets limits on what the government can and cannot do.
(b) Set of Rights
- Lists the rights of citizens and explains how they are protected.
- Ensures individuals and groups can live with freedom, dignity, and self-respect.
- Rights come with limitations. For example, the Indian Constitution guarantees Fundamental Rights but also specifies their boundaries.
- The Judiciary is responsible for protecting these rights.
(c) Set of Objectives and Values
- States the goals and values the constitution aims to achieve.
- Explains why the constitution exists. For example:
- The US Constitution aims to establish justice, ensure peace, provide defense, promote welfare, and secure liberty.
- The Indian Constitution has similar objectives, like equality, justice, and unity.
Most constitutions are written (e.g., India, USA), created after debates by groups like the Constituent Assembly (India) or Constitutional Convention (USA). Some, like the United Kingdom, have unwritten constitutions, based on traditions and scattered written laws.
2. Constitutionalism
- Constitutionalism means there should be limits on the government’s power to prevent misuse.
- This idea comes from John Locke’s Social Contract Theory (17th century), which says people can change a government that acts wrongly.
- Historical examples:
- Magna Carta (1215): Limited the power of the English king.
- Bill of Rights (1689): Restricted the monarch’s powers in England.
- Modern Constitutionalism began with the US Constitution, especially its Bill of Rights (first 10 amendments), which limits government actions, like protecting freedom of speech.
- In India, the Constitution prevents the government from violating Fundamental Rights.
Unwritten Constitutions
- In places like the UK, there’s no single written constitution. Rules are based on traditions and laws.
- Earlier, the UK followed Parliamentary Sovereignty, meaning Parliament could make any law. Now, international agreements limit government power.
Amending Constitutions
- Constitutions can be amended, but there are safeguards to prevent misuse.
- In India, the Keshavananda Bharati Case (1973) introduced the Basic Structure Doctrine, which says the core features of the Constitution (like democracy, secularism) cannot be changed.
Constitutional Morality
- Means following the spirit and values of the constitution, not just its rules.
- Dr. B.R. Ambedkar said constitutional morality must be cultivated because it’s not natural. It involves respecting the constitution’s principles, like fairness and justice.
3. Types of Democratic Governments
Democracy means people elect their rulers. There are two main types: Parliamentary and Presidential.
(a) Parliamentary System
- Found in countries like India and the UK.
- Has two parts of the Executive:
- Nominal Executive (Head of State): President (India) or Monarch (UK). They have limited powers and act on the advice of others.
- Real Executive (Head of Government): Prime Minister and Council of Ministers, who make actual decisions.
- The Prime Minister is appointed by the President/Monarch and must have majority support in the Legislature (e.g., Lok Sabha in India, House of Commons in UK).
- The government stays in power only if it has a majority in the Legislature.
- Types of Parliamentary Systems:
- Constitutional Monarchy: Head of State is a Monarch (e.g., UK).
- Republic: Head of State is an elected President (e.g., India).
(b) Presidential System
- Found in countries like the USA.
- The President is both Head of State and Head of Government, directly elected by the people for a fixed term.
- The President has significant powers, like appointing ministers (called Secretaries in the USA) and running the government.
- Ministers are not members of the Legislature (Congress in the USA).
- The Legislature makes laws, but the President can veto (reject) them.
- The President stays in office even without majority support in the Legislature, but this can cause conflicts.
- The Legislature can impeach the President for violating the Constitution, though this is rare.
4. Federalism
- In large countries, power is divided between a national government (also called Union/Central/Federal Government) and state governments. This is called a Federal System.
- Examples: USA, India, Canada, Australia.
- Small countries often have a Unitary System, with one central government (e.g., UK).
Features of Federalism
- The Constitution clearly defines the powers of the national and state governments. For example:
- The US Constitution lists federal powers.
- The Indian Constitution’s Seventh Schedule divides powers into Union List, State List, and Concurrent List.
- Changing this division usually requires approval from both levels of government.
Types of Federations
- Coming Together Federations:
- Separate units join to form a country for strength or common goals. Example:
- USA: 13 colonies united after independence.
- Canada, Australia.
- Holding Together Federations:
- A central government gives power to regions to keep the country united. Example:
- India: States were created after independence based on language.
- UK: Regions like Scotland now have some autonomy.
Indian Federalism
- India is a quasi-federation because the Union Government has more power than states.
- After independence, states gained powers, but later, the Union Government’s role grew due to economic and technological changes.
- Seventh Schedule:
- Union List: Subjects like defense, atomic energy (only Union can make laws).
- State List: Subjects like police, agriculture (only states can make laws).
- Concurrent List: Subjects like education, electricity (both can make laws, but Union laws prevail if there’s a conflict).
- States can ask the Union to make laws on State List subjects if needed.
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