Constitutional Law is a body of legal rules which determine the Constitution of a particular State. When a state has a federal structure then a written Constitution becomes necessary in-order to determine the dividing rights between the Center and various States. Federal structure is when two sets of Governments namely Central and regional operate and function simultaneously. E.g., India, United States of America and many other countries have a federal structure where the Center and the States have simultaneous governance.
The United States of America is a federal republic. The United States of America unites people of different interests, cultures, backgrounds similarly in India too people from different states having different languages, culture, traditions etc. who stay united. Constitution is the supreme law of the land for India as well as for United States of America.
There are countries without a written Constitution as well. United Kingdom does not have a written Constitution. Though United Kingdom does not have a written Constitution but different documents, decisions of Courts etc. guide and shape the country legally, politically, economically and socially. New Zealand does not have a written Constitution or any form of law that is higher than any laws passed by the Parliament. The Government in New Zealand works based on Acts passed by the Parliament, decisions of Courts, unwritten constitutional conventions etc.
Basic Law of Germany contains all the features of a constitution but the term Basic Law intends to show the provisional nature of this law. In Germany it is known as the Basic Law. It is the people of Germany who in exercise of their constituent power, have adopted the Basic Law. Similarly, the Preamble to the Constitution of India and the Preamble to the United States of America begin with the words ‘We the People’ depicting that the Constitution is from the people. It is the people who have given themselves the Constitution.
The Constitution of India is lengthy and detailed. Some of the provisions in the Constitution of India are as follows: Citizenship, Fundamental Rights, Directive Principles of State Policy, Fundamental Duties, Emergency Provisions etc. The legislature, executive and judiciary too are covered in detail. The Constitution also provides for division of powers between the Union and States. Though the Constitution is federal in nature, yet in India there is single citizenship of the Union and one need not have citizenship of a particular State and of the Union at the same time. One of the Fundamental Rights that the citizens of India have is to move freely throughout the territory of India subject to reasonable restrictions mentioned in the Constitution.
Like the federal Constitution in U.S. the various States of U.S. have their own Constitutions. The laws and Constitution of each State of U.S. establishes its own State Courts. Side by side with the national judicial system is the state judiciary. The Supreme Court of the State is the highest Court of that State and below it is the court of appeals and below the court of appeals are the district courts. In India the states do not have their own Constitution or its own Supreme Court like the way it is in the United States of America.
The Preamble to the Constitution of India mentions to constitute India into a Sovereign, Socialist, Secular, Democratic and Republic. As per the Constitution of France it is an indivisible, secular, democratic and social republic State. The maxim of the Republic is ‘Liberty, Equality, Fraternity’ and the principle of the Republic is ‘Government of the people, by the people and for the people’ depicting the democratic set-up of the country.
In India too, the Government is of the people, by the people and for the people. As per the Preamble to the Constitution of India the people of India secure to all its citizens liberty of thought, expression, belief, faith and worship; equality of status and of opportunity and promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the Nation.
There are certain Constitutions which have a Preamble. The Preamble to the Constitution is an introduction to the highest law of the land. Constitution of India, United States of America, France, Republic of Ireland and various other countries have the Preamble. There are some Constitutions which may not have the Preamble.
Drafting the Constitution of a country requires enormous efforts along with an in-depth study of what should and shouldn’t be added. Afterall, it is the supreme law of the land and would determine a lot of aspects that play a vital role in each and every one’s life. Constitutions do get amended when there is a need felt because law is never static. With changing times there is always a need felt to keep the law updated and upgraded so that the purpose of public good is served.
Almost all modern governments are made of three branches namely the legislature, executive and judiciary. These three branches have a detailed mentioning in the Constitution. It is very much essential to have checks and balances of the branches so that a particular branch does not misuse its powers. Legislative branch means the branch of government which is concerned with making of laws, Executive branch means the branch of government that oversees the carrying out of laws i.e., implementing the laws for good governance and Judicial branch is concerned with the administration of justice through the interpretation of law. Especially in a federal structure the interpretation of the Constitution is of great importance so that the federal structure is successful in its functioning.
Constitutions of almost all nations establish the ‘Rule of Law’ which means that no one is above the law. It is only the law that is supreme and all are subject to the law. The belief that the one who makes the law will never break the law and will adhere to what has been passed as law is a perception of the past. Today, Constitutional law strives to make everyone accountable without any difference or bias.
