Constitution-Meaning and Significance
What a constitution is, the two senses of the word, and why the Indian Constitution is the supreme law
In one minute
A constitution is the set of basic rules that says who governs a country, how power is shared, and what the government must never do to its people. The Indian Constitution is a written document and the highest law of the land.
Exams ask for the meaning, the two senses of the word, and the functions of a constitution. In real life it explains why a court can strike down even an Act of Parliament.
Exam focus
- Frequency: No data
- Usually asked as: No data
Legal provision
- Preamble: "We, the people of India" adopted, enacted and gave to themselves this Constitution. The source of authority is the people.
- Article 393: the short title is "the Constitution of India".
- Article 394: Articles 5 to 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force at once. The rest came into force on 26 January 1950, called the "commencement of this Constitution".
- Article 245(1): Parliament and the State Legislatures make laws "subject to the provisions of this Constitution".
- Article 13: a law that conflicts with the Fundamental Rights is void to the extent of the conflict.
- Article 368(1): Parliament may amend the Constitution by the procedure in that article. Only that procedure can change it.
Meaning and definition
The English word comes from the Latin constituere, meaning to set up or establish. Aristotle used the Greek idea in his work Politics for the way the offices of a state are arranged: who holds power and for what purpose.
K.C. Wheare, in his book Modern Constitutions, explains that the word is used in two senses.
- Wide sense: the whole system of government of a country, meaning all the rules that set up and govern the government. Every state has a constitution in this sense, written or unwritten. Britain is the usual example.
- Narrow sense: a selected body of legal rules, usually collected in one document, which govern the government. India, the United States and many other countries have a constitution in this sense.
A constitution in the narrow sense is therefore the fundamental law of a state. It creates the organs of the state, divides power among them, fixes limits on that power and declares the rights of the people.
Detailed explanation
Step 1: why a state needs a constitution
Without basic rules, power rests on force. Each change of ruler would risk chaos. A constitution settles the rules in advance and binds both rulers and the ruled.
Example. After a general election in India, the party with a majority forms the government. It does not decide for itself how long it may stay or what it may take away from citizens. The Constitution fixes the term of the House of the People and lists the rights no government may remove.
Step 2: the functions of a constitution
- It organises the government. It creates the Legislature, the Executive and the Judiciary and says how each is formed. Articles 52, 79 and 124 create the President, Parliament and the Supreme Court.
- It distributes power. Power is shared between the three organs, and between the Union and the States under the Seventh Schedule (Article 246).
- It limits power. Part III (Fundamental Rights) and the powers of the courts stop the government from crossing set lines.
- It gives continuity. Governments change after elections, but the Constitution stays.
- It states the ideals of the nation. The Preamble sets out justice, liberty, equality and fraternity.
Example. A State Government in Andhra Pradesh cannot make a law on defence. Defence is in the Union List, and Article 246(1) gives Parliament the exclusive power over it. That is the Constitution distributing power.
Step 3: why the Indian Constitution is the supreme law
The Constitution is supreme for three reasons.
- Its source is the people. The Preamble says the people gave it to themselves.
- Every other law depends on it. Articles 245 and 246 give law-making power to Parliament and the State Legislatures only "subject to" the Constitution.
- Courts enforce it. The Supreme Court (Article 32) and the High Courts (Article 226) can strike down a law that breaks it. This power is known as judicial review (the power of courts to test a law against the Constitution).
The Constitution can be changed only by the special procedure in Article 368. An ordinary law cannot change it.
Example. Suppose Parliament allowed the police to detain any person for a year without giving the grounds. A detained citizen in Hyderabad could move the High Court under Article 226. The court would test the law against Articles 21 and 22.
Step 4: a written constitution and the idea of constitutionalism
India has a constitution in the narrow sense: one document, adopted on 26 November 1949 and in force from 26 January 1950. It is among the longest written constitutions in the world.
A written document alone does not limit power. That depends on constitutionalism (the idea that government power must be limited by law in practice). It needs independent courts, real separation of powers and enforceable rights.
Don't confuse: constitution and ordinary law
| Point | Constitution | Ordinary law (Act of Parliament) |
|---|---|---|
| Source of authority | The people, through the Constituent Assembly | Parliament or a State Legislature, under the Constitution |
| Rank | Highest | Below the Constitution |
| How changed | Article 368: special majority, and State ratification for some parts | Ordinary majority of the Legislature |
| If they conflict | Prevails | Void to the extent of the conflict |
Inside the concept. The rule that every citizen has freedom of speech is in Article 19(1)(a). It sits in the Constitution, so a simple Act cannot take it away.
Just outside it. The Motor Vehicles Act, 1988 fixes traffic penalties. Parliament can amend that Act by a simple majority, because it is ordinary law.
Common mistakes
- Saying that only countries with a written document have a constitution. In the wide sense every state has one.
- Treating the Preamble and the Constitution as two separate things. The Preamble is part of the Constitution.
- Mixing up a constitution with constitutionalism. The first is the document. The second is real limits on power.
- Saying Parliament is supreme in India. Parliament is supreme only within the Constitution.
Apply it
Problem
Parliament passes an Act that bans a newspaper from criticising the Government. The editor in Vijayawada challenges it. Can the court strike down the Act even though Parliament passed it by a large majority?
Issue. Does the Constitution rank above an Act of Parliament?
Rule. Parliament makes laws "subject to the provisions of this Constitution" (Article 245(1)). A law that takes away or limits a Fundamental Right is void to that extent (Article 13(2)).
Application. The ban limits freedom of speech and expression under Article 19(1)(a). The limit is valid only if it is a reasonable restriction on a ground listed in Article 19(2).
Conclusion. If the Act fits no ground in Article 19(2), the court will declare it void. The size of Parliament's majority does not matter.
Leading case laws
- Kesavananda Bharati v. State of Kerala (1973)
Facts. A religious head challenged Kerala land reform Acts. The case grew into a challenge to the 24th, 25th and 29th Amendments.
Principle. Thirteen Judges wrote eleven opinions. Later cases treat the majority view as this: Parliament may amend the Constitution but cannot destroy its basic structure.
Why it matters. It shows that even the amending power sits below the Constitution's core.
How to write this answer in the exam
5-mark answer
- Origin of the word and the definition of a constitution.
- Wheare's wide and narrow senses.
- Three or four functions.
- One line on supremacy: Articles 13 and 245.
10-mark answer
- Meaning and Aristotle's use.
- Wheare's two senses with examples (Britain, India).
- Five functions with articles.
- Supremacy of the Constitution: source, Articles 245 and 13, judicial review.
- Constitution and constitutionalism.
- Comparison with ordinary law.
- Kesavananda Bharati as an example.
Key points to remember
- A constitution is the fundamental law that sets up and limits government.
- Wheare: a wide sense (the whole system of government) and a narrow sense (a selected set of legal rules, usually in one document).
- Main functions: organise, distribute power, limit power, give continuity, state ideals.
- The Constitution of India was adopted on 26 November 1949 and commenced on 26 January 1950 (Article 394).
- It is supreme because of its source, Articles 245 and 13, and judicial review.
- Constitutionalism means real, enforceable limits on power.
Quick self-test
1. What are the two senses of "constitution" in Wheare's work?
The wide sense is the whole system of government of a country. The narrow sense is a selected body of legal rules, usually in one document, that govern the government.
2. Why is the Indian Constitution the supreme law?
Its authority comes from the people. Articles 245 and 13 make every other law subject to it, and courts can strike down laws that conflict with it.
3. When did the Constitution of India come into force?
On 26 January 1950, except the articles that Article 394 brought into force at once.