What is a Constitution?

Constitution is a document or set of documents that lays down basic set of rules for the establishment of a state and its governance and is legally enforceable.

A modern state is virtually impossible to be run without such basic sets of rules that defines the powers, responsibilities and limits of the ruling class. Any political system works in a constitutional framework and thus constitution is an essential element of a modern state.

Basic Terminologies

Before understanding the functions of a constitution, a student must be aware of certain terminologies:

State

State is a community of persons permanently occupying a definite territory independent of external control and possessing an organized government.

 Article 12 of the Indian constitution defines the term ‘State’ as :

1. The Government of India and Parliament of India,
2. The Government and the Legislature of each of the States,
3. All local bodies, such as municipalities, panchayats, district boards, port and improvement trusts etc.
4. Oher authorities within the territory of India or under the control of the Government of India, such as statutory or non-statutory authorities like Lokpal, RBI etc. and Public sector Undertakings like LIC, ONGC, SAIL etc. 

Elements of a State

A Political state has 4 essential elements:

1. Population: State is the highest association amongst all associations in a society, which consists of a population. Thus, population is the most basic unit of a state.
2. Territory: Territory is a geographical boundary of a state. A State has a very well-defined territory within which it is sovereign, i.e. it is legally recognized as supreme.
3. Government: People residing in a territory cannot be automatically be termed as a state unless they are organized politically. Government enables the state to exert its political power in an organized way.
4. Sovereignty: It is the most important element of a state. A Sovereign is a supreme legal power in the state. If a politically organized nation is controlled by an external power, then it is not sovereign. For example, India before 15^th August 1947. A state is impossible without being sovereign.

Difference between a Nation and a State

A state is a political entitiy whereas a nation is a cultural entity. When population in a territory feel a sense of belongingness with the land, this land is referred to as a nation.

The 19^th century French Philosopher, Ernst Renan, defiend nation as a culmination of a long past of endeavours, sacrifice and devotion. “A heroic past, great men, glory, that is the social capital upon which one bases a national idea. To have common glories in the past, to have a common will in the present, to have performed great deeds together, to wish to perform still more, these are the essential conditions of being a people.”

 A nation is therefore a large-scale solidarity. Its existence is a daily plebiscite.

There are many factors based on which, nation can be established, for example:

1. Language: For example, France was formed after the French Revolution, when people of all major French speaking areas struggled together.
2. Common Struggles: For example, India has 100s of languages, cultures and belief systems and yet it is together. It is because of the common struggles that has shaped modern India.
3. Religion: Nations like Pakistan, Saudi Arabia, Vatican etc. are based on religious identities.

Nation State is a nation that has been organised into a political state. It one of the strongest forms of political entities being both culturally celebrated and politically legitimate.

A province is its inhabitants; if anyone has the right to be consulted, it is the inhabitant.

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