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 :
- The Government of India and Parliament of India,
- The Government and the Legislature of each of the States,
- All local bodies, such as municipalities, panchayats, district boards, port and improvement trusts etc.
- 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:
- 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.
- 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.
- 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.
- 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 15th 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 19th 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:
- Language: For example, France was formed after the French Revolution, when people of all major French speaking areas struggled together.
- 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.
- 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.
