Question

Read the bfollowing paragraph and Comment..

“In the Draft Constitution there is placed at the head of the Indian Union a functionary who is

called the President of the Union. The title of this functionary reminds one of the President of the

United States. But beyond identity of names there is nothing in common between the form of

Government prevalent in America and the form of Government proposed under the Draft

Constitution. The American form of Government is called the Presidential system of Government.​

Answer 1

Answer:

A constitution is a political and a legal document. Ideally it should be:

understood by the people;

usable by politicians and bureaucrats; and

able to be interpreted by the courts.

All readers should find the same meaning in the document. The aim of the drafter should be predictability; there is none if the people, the politicians, and the courts come to different conclusions about its meaning.

This can be qualified to a limited extent—the people may take away from their reading of the constitution something different than do the lawyers. But those additional meanings should not be about the way the machinery of government operates. It will instead involve a sense of whether this document is “their” document—does it speak to them? Does it have any resonance for them?The art of the constitutional drafter is to connect with all these readerships. But any lawyer would insist that resonance with the people must not stand in the way of maximum predictability. Unlike many laws, a constitution has a variety of different components, some of which lend themselves more than others to reaching out to the people.

Occasionally it is intentionally left to the courts to decide what a provision means (as in the example from South Africa mentioned above [see part 2.2.3], where although the constitutional assembly could not agree on a position on the death penalty, the issue was left to the courts to decide whether the “right to life” affected the death penalty).

Explanation: