An Introduction to Constitution

Success follows any programmes if its prescribed rules are followed properly. Similar is the case with the administration of a country because we find that all the countries at large, except England, have written constitutions to have their affairs run properly. Although England has no written constitution to follow, it works with conventional laws founded from the early times. The constitution of the United States of America, adopted in 1787, is the oldest of all. Constitution is amended and perfected as per the changes in circumstances and necessities.

We find that a constitution of the country embodies a basic point laid in it, which defines the system or the form of the government it has- unitary or federal, dictatorial or democratic, etc. Since a constitution is the most authentic political and legal document of the land, it limits the power of government, protects people's rights and delegated power between different offices. The constitution is the supreme law of the country and all other laws are subordinate to it. Any laws inconsistent with the constitution are declared void to the level of their inconsistency.

Functions of Constitution

The following are the functions of constitution:

• The constitution of a country limits the power of the government.
• It legitimates the functions of the state.
• It guarantees the rights of the people.
• It also determines the structure of the government.
• It makes the country rules responsible towards citizens.

Features of an ideal constitution

1. Clarity
   All articles and clauses of a constitution should be clear and free from ambiguity and contradiction. A Clear explanation should be included when needed so as to avert such possibilities. Lack of such clarity in the 1990 constitution of Nepal brought about several constitutional complications and ultimately suspension of the same.
2. Changeability
   A constitution made in a circumstance might turn unfit in another circumstance. So it should be made provision for its amendment that is needed according to time, circumstances, will of the people and need of the nation. Otherwise, it may be rigid and unsuccessful.
3. Universality
   An ideal constitution, though short, includes all major provisions related to the system of government, distribution of power, fundamental rights, etc. It must have widest possible coverage.
4. Conciseness
   A constitution is not everything but the fundamental basis for all other subordinate laws. It should have wide coverage but should not be very lengthy.
5. Separation of power
   According to Montesquieu, a famous French philosopher, power should be duly separated in order to prevent absolutism. No matter how efficient the ruler is, sooner or later he becomes a dictator and breaches the constitution if all the powers are given. So an ideal constitution makes a clear distribution of power into executive, legislative and judiciary and keeps these organs interdependent and self-restrained.
6. Respect for a public wish
   A good constitution is prepared according to the wish of the general public. It aims at promotion the public welfare. In turn, this helps to ensure the successful working of the constitution.
7. Provision of fundamental rights
   Fundamental rights of people should be guaranteed by the constitution. It should also provide for the measures for the restoration and preservation of such rights.
8. Independent judicature
   A good constitution establishes judiciary as a fully independent and efficient organ. Rule of Law should be ensured. Without the rule of law, public welfare cannot be guaranteed.

Bases of Constitution Drafting

The following are the bases for drafting the constitution:

• The constitution must me made according to the need and will of the people.
• The constitution must reflect the uniqueness of the country.
• The constitution should be made by the public as their sentiments should also be considered.
• While drafting the constitution, the factors such as culture, population, state geography, etc. must be avoided.

Types of Constitution

Generally, constitution is of two types as:

• Written Constitution
• Unwritten Constitution

Britain is being governed according to the prevailing practices, traditions, norms, and values. Thus, there is no written constitution in Britain. Other countries except Britain have written constitution. The USA drafted its constitution in 1787 AD which is the oldest constitution of the world.

A constitution provides for the chief organs of government, like the executive, legislative and judiciary, their power sharing and guarantees for the people's fundamental rights. The constitution is formulated with due regards to the people's rights and their will and the need of the nation. It reflects the characteristics and aspirations of the state. The constitution is essential for the preservation of people's rights and justice, to fulfill the wish of the people and to direct the nation to a specific goal.