Question

make a list of the function of the constitution?​

Answer 1

The State List or List-II is a list of 61 items. Initially there were 66 items in the list in Schedule Seven to the Constitution of India. The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.[1]

If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. There is an exception to this in cases "where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State."[2]

Answer 2

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❈ Constitution serves as the document that specifies the rules and regulation according to which the country functions. It establishes a system based on the rule of law, which identifies that government will function as per set norms, rules and not according to whims and fancies of a ruler. The provides basic minimum rules of governance and coordination amongst the member of society.

❈ The constitution specifies the political system of the country, underlines the political structure of a country. For instance, the Indian constitution declares India to be a democratic republic. It also specifies and divides the power between the three organs of the government, it also explain the role of Parliament as a law making body.

❈ Most importantly, the document empowers the people by giving them a set of political rights and guaranteeing liberty, equality and justice in the society. In this way the constitution lay down the limits of the government. For example the chapter on the fundamental rights. The constitution also prevent tyranny of the majority by recognizing the rights of the minorities.

❈ A constitution besides being a legal document is also socio - economic in nature as it identifies the aim and aspirations of the society guiding or political leadership. We may give example of directive principle of state policy are basically the instruction to be kept in mind while framing policies so as to bring about a just society.

❈ The constitution also gives fundamental identities to the people, it serves as the basis for both political identity by specifying norms, procedures, rights and moral identity by reflecting aims aspiration of the society.