why does a democratic country need a constitution?
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Answers
Answer:
In a democracy, the constitution ensures that the dominant group does not use power against less powerful groups. The constitution guarantees fundamental rights to the citizens for their social, economic, and political welfare.
Answer:
There are various reasons why a democratic country needs a Constitution:
- The basic ideals on the basis of which we as citizens aspire to live in our country are mentioned in the Constitution.
- It tells the fundamental nature of society
- To define the nature of the political system of the country
- It states a set of rules based on which people belonging to different religions and communities can peacefully co-exist with each other.
Explanation:
The Indian Constitution is unique in both spirit and content. Notwithstanding the fact that several features of the constitution have been borrowed from other constitutions from all around the world, it is really a unique piece of work. The original constitution have been considerably changed by the various amendments that have been brought forth such as the 7th, 42nd, 44th, 73rd and 74th Amendments.
The Indian Constitution is not a rigid constitution. It can be amended by the Parliament following a few rules. There have been made many changes in the Constitution of India. Some of the important amendments of the Indian Constitution are:
- 42nd Amendment
- 44th Amendment
The 42nd Amendment is also known as the “Mini Constitution” because it made several sweeping changes to the constitution. This was during the Emergency in 1976. In 1973, the Supreme Court had ruled in the Kesavananda Bharati case that the constituent power of the Parliament under Article 368 does not empower it to alter the basic structure of the constitution.
The first constitution to start with a preamble was the American Constitution. The Indian constitution also starts with one. The Preamble is basically the introduction or preface to the constitution. It sums up the essence of the constitution. N A Palkhivala, a constitutional expert, referred to the Preamble as the ‘Identity card of the Constitution’.
The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was adopted by the Constituent Assembly. The Preamble has been amended in 1976 by the 42nd Amendment which added words ‘socialist’, ‘secular’ and ‘integrity’ to it.
- Source of authority of the Constitution: it mentions that the constitution derives its power from the people of India.
- Nature of the Indian State: it says India is a sovereign, socialist, secular, democratic and republican State.
- Objectives of the Constitution: it gives the objectives as – justice, liberty, equality and fraternity.
- Constitution date of adoption: 26th November 1949
The chief features of the Indian Constitution are described below:
The constitution establishes a federal government system in India. All the expected features of a federal state such as two government levels, division of power, supremacy and rigidity of the constitution, written constitution and bicameralism are present. But, the constitution also contains many features of a unitary form of government such as single citizenship, strong centre, single constitution, flexibility of constitution, all-India services, integrated judiciary, appointment of state governor by the Centre, emergency provisions, and so on. In addition, the term ‘federation’ is not mentioned in the constitution. Article 1 says India is a ‘Union of States’, implying –
- The Indian federation is not the result of an agreement by the states.
- States do not have the right to secede from the federation.
The parliamentary form, borrowed from the British system, is based on the principle of cooperation and coordination between the legislative and executive. This form of government is alternatively known as the Westminster model of government. It is also called responsible government and cabinet government. According to the constitution, not only the centre, the parliamentary form is followed even in the states.
In India, the features of the parliamentary form of government are as follows:
- Nominal and real executives
- Rule of the majority party
- Collective responsibility of the executive to the legislature
- Membership of the ministers in the legislature
- Leadership of the prime minister or the chief minister
- Dissolution of the lower House
There are some basic differences between the Indian and the British models, even though both follow the parliamentary form of government. The Indian parliament is not a sovereign body; the British Parliament is. Also, the Indian State has an elected head (since it is a republic) while the British head is hereditary (since Britain is a constitutional monarchy).