What is the constitution?
- The Constitution provides a legal framework for the governance of a country. It is the superior law of land.
Why do we need a constitution?
- To maintain order in the country.
- To maintain the internal security of a country.
Difference between constitution and law:
- Law is the prime tool used to maintain order, peace and provide welfare schemes to people.
- The Constitution is the skeletal framework for the legal system in a country.
- For example, the Indian government cannot pass any law which disobeys “secularism” given in the Indian constitution.
Constituent assembly and its features:
- Under the Cabinet Mission Plan of 1946 , the Constituent Assembly was constituted to frame a Constitution for India.
- The members of the constituent assembly were indirectly elected.
- Indian constitution is the lengthiest written constitution.
- Initially our constitution had 22 parts, 8 schedules and 395 articles.
- The Constituent Assembly adopted the Constitution on 26th November 1949 and it came into effect on 26th of January 1950.
Nation and state:
Nation is one which has common cultures and customs. (i.e.)having a cultural identity. For example, Indian people living abroad will also be called a part of India. Some scholars refuse to accept India as a nation due to various diversities. Though we are diversified through various means(like language,food,religion,even history) we are united by the concept “India.”
State is one which has a political boundary with some governance mechanisms and organs(Legislative, Judiciary and Executive) to protect from enemies. The true definition of state is given as “it has to promote the welfare of people living.”
Unitary and Federal government:
- Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country.
- Federation units have the maximum power i.e., they can make or break a federation.
- The Supreme Court of India is the highest court of justice in India.
- In unitary government, there are no separate constitutions for the States. States must obey the laws given by the central.
- Quasi federal refers to a system of government where the distribution of powers between the Center and the state are not equal.
- India is not a true federation. It combines the features of a federal government and the features of a unitary government.
- Hence India is called a quasi-federal state.
