Nature, Kinds & Functions of Constitution 6

Summary

This video lecture provides an in-depth exploration of the Constitution of India, covering its meaning, importance, and various types. It explains the functions of a constitution, such as outlining government powers, defining citizen rights, and ensuring stability. The video also distinguishes between different types of constitutions, including written, unwritten, rigid, flexible, federal, and unitary, highlighting their merits and demerits. The lecture emphasizes the necessity of a constitution for maintaining order and guiding political processes in any country.

Takeaways

• 📜 The Constitution is the supreme law of the state, outlining the organization, powers, and functions of the government, as well as the relationship between citizens and the state.
• ⚖️ Constitutional law is the fundamental law that defines the structure and authority of government, ensuring that the government operates within its granted powers.
• 🏛️ The Constitution curbs government power to prevent dictatorship, making it essential for maintaining order and democracy in a state.
• 🔍 Constitutions can be either written or unwritten, with most countries having written constitutions. Unwritten constitutions, like that of the United Kingdom, are based on conventions and legal precedents.
• 🗂️ A Constitution serves several functions, including expressing the ideology of a nation, outlining basic laws, providing an organizational framework for the government, and setting levels of government authority.
• 🔄 The Constitution must have provisions for amendments to adapt to changing times and societal needs, ensuring its relevance and effectiveness.
• ✒️ Written constitutions provide clear laws on paper, but can be rigid and dependent on the text, whereas unwritten constitutions allow more flexibility in governance.
• 🏛️ Rigid constitutions are difficult to amend and provide stability, while flexible constitutions are easier to change, allowing them to adapt to societal needs more readily.
• 🌍 Federal constitutions distribute power between central and regional governments, while unitary constitutions centralize power in a single national government.
• ⚡ Federal constitutions can lead to conflicts between central and regional authorities, whereas unitary constitutions offer stronger central control but may overlook local needs.

Q & A

What is the meaning of a Constitution?

The Constitution is the supreme law of a state, outlining the organization, powers, and functions of the government. It defines the basic features of the state and the relationship between citizens and the state. In simple terms, it is the supreme and fundamental law that governs the state.

Why is a Constitution necessary for a country?

A Constitution is necessary for several reasons: it informs the organization and powers of the government, lays down the principles and rules governing the political process, defines the rights and duties of citizens, curbs the powers of the government to prevent dictatorship, and maintains order by providing a legal framework for governance.

What are the key functions of a Constitution?

The key functions of a Constitution include expressing the ideology and philosophy of the nation, establishing basic laws, providing an organizational framework for the government, defining levels of government, and including provisions for amendments to adapt to changing times and needs.

What is the difference between a written and an unwritten Constitution?

A written Constitution is documented and codified, making it easier to understand and implement. An unwritten Constitution, on the other hand, is based on conventions, judicial decisions, and other sources, making it less formalized but more adaptable to changing situations.

What are the merits of a written Constitution?

The merits of a written Constitution include clear documentation of laws, ease of understanding and implementation, and a structured legal framework that provides stability and consistency in governance.

What are the merits and demerits of a rigid Constitution?

A rigid Constitution is stable and ensures that the provisions cannot be easily changed, protecting citizens' rights and maintaining consistency. However, it may also be difficult to amend, which can hinder necessary changes and adaptations to societal needs.

What are the characteristics of a Federal Constitution?

A Federal Constitution enables a system of double government, with power distributed between national and regional governments. It promotes decentralization, protects regional and local interests, and typically includes an independent judiciary.

What is a unitary Constitution and how does it differ from a Federal Constitution?

A unitary Constitution centralizes power in a single government authority, with local governments deriving their authority from the central government. Unlike a Federal Constitution, a unitary system does not involve a division of power between different levels of government, resulting in a more centralized and potentially stronger government structure.

What are the challenges associated with a flexible Constitution?

A flexible Constitution can be easily amended to meet societal needs, making it adaptable to changing conditions. However, this flexibility can lead to instability, as laws may change frequently, causing uncertainty among citizens regarding their rights.

Why is the amendment provision important in a Constitution?

The amendment provision is crucial because it allows the Constitution to adapt to future changes and uncertainties. Without this provision, the Constitution might become outdated and unable to address new societal needs, leading to potential collapse or inefficiencies in governance.

Outlines

00:00

📜 Understanding the Constitution

The Constitution is defined as the supreme law of each state, laying down rules for government organization, powers, and functions. It also dictates the relationship between the state and its citizens, acting as the fundamental law of the land. The Constitution limits governmental power, ensuring that governments cannot act against its provisions. It is necessary for various reasons, including outlining government structure, regulating political processes, and defining citizens' rights and duties. Without a Constitution, a state could descend into anarchy.

05:00

🏛️ Functions of the Constitution

The Constitution serves multiple functions: it expresses the ideology of the nation, presents basic laws that can be modified through a special amendment process, and provides an organizational framework for government, including the legislature, executive, and judiciary. It defines their relationships and imposes restrictions on their authority. Additionally, the Constitution outlines different levels of government (federal, confederal, or unitary) and includes provisions for amendment, allowing it to adapt to future changes and uncertainties.

10:02

📝 Types of Constitutions: Written vs. Unwritten, Rigid vs. Flexible

Constitutions can be classified as written or unwritten and as rigid or flexible. Written Constitutions, like those of most countries, provide clear, documented laws, while unwritten Constitutions, such as that of the UK, rely on traditions and judicial decisions. Rigid Constitutions require special procedures for amendments, making them stable but less adaptable, whereas flexible Constitutions can be easily amended through ordinary legislative processes. Each type has its merits and demerits, depending on how laws need to be interpreted and implemented.

15:04

⚖️ Federal vs. Unitary Constitutions

A Federal Constitution establishes a system of double government, with power shared between central and regional governments, and typically features an independent judiciary. In contrast, a Unitary Constitution centralizes power in a single government body, with local authorities deriving their power from the central government. Federal systems promote decentralization and protect local interests, but can lead to conflicts between central and regional authorities. Unitary systems offer strong central control and flexibility but may overlook local needs.

20:26

🎯 Summary and Conclusion

The video concludes with a summary of the types of Constitutions discussed: written vs. unwritten, rigid vs. flexible, and federal vs. unitary. Each type has its own merits and challenges, depending on the needs and structure of the government and society it serves. The importance of understanding these types is emphasized, particularly for law students, as they are foundational to the functioning of a state.

Keywords

💡Constitution

A Constitution is the supreme law of a state, laying down rules for the organization, powers, and functions of the government, as well as defining the relationship between the citizens and the state. In the video, the Constitution is described as the foundation that governs the political process, defines citizens' rights and duties, and limits governmental power to prevent dictatorship.

💡Supreme Law

The term 'Supreme Law' refers to the Constitution's role as the highest legal authority in a country, which all other laws and government actions must conform to. In the video, the Constitution is portrayed as the supreme law that ensures the government's powers are limited and regulated according to legal principles.

💡Government Powers

Government Powers refer to the specific authorities granted to different branches of government by the Constitution. The video discusses how the Constitution delineates the powers of the legislature, executive, and judiciary, ensuring that no branch exceeds its authority, which is crucial for maintaining a balanced governance structure.

💡Rights and Duties

Rights and Duties are the entitlements and responsibilities of citizens as defined by the Constitution. The video explains that the Constitution specifies citizens' rights, such as freedom of speech and religion, and their duties, ensuring a balance between individual freedom and societal order.

💡Amendment

An Amendment is a formal change or addition to the Constitution, allowing it to evolve over time. The video highlights the importance of having provisions for amendment to adapt to future needs and changing societal conditions, emphasizing the flexibility and resilience of a well-structured Constitution.

💡Rigid Constitution

A Rigid Constitution is one that requires a special procedure for amendments, making it difficult to change. In the video, the United States Constitution is cited as an example, where the rigidity ensures stability and prevents frequent alterations by the ruling party, thus securing citizens' rights.

💡Flexible Constitution

A Flexible Constitution can be easily amended through ordinary legislative procedures. The video contrasts this with rigid constitutions, using the UK as an example, where the flexibility allows the government to adapt laws to meet new challenges and societal needs more readily.

💡Federal Constitution

A Federal Constitution establishes a system of government where power is divided between a central authority and regional governments. The video explains that this system allows for local autonomy while maintaining national unity, with examples such as the division of powers in the United States.

💡Unitary Constitution

A Unitary Constitution centralizes all governmental powers within a single central authority, with local governments operating under its control. The video uses the United Kingdom as an example, where the central government holds predominant power, and local authorities have limited autonomy.

💡Judiciary

The Judiciary is the branch of government responsible for interpreting laws and ensuring justice. In the video, the judiciary's role is discussed within the context of a federal system, where it acts as an independent body that can mediate conflicts between the central and regional governments, ensuring the rule of law is upheld.

Highlights

Introduction to the lecture series on the Constitution of India, emphasizing the importance of viewing the videos in serial order.

Explanation of what a constitution is, defining it as the supreme law of each state, which lays down rules regarding the organization, powers, and functions of the government.

Discussion on the necessity of a constitution, highlighting its role in curbing government powers and preventing dictatorship.

Functions of the constitution include defining the organization of government, explaining the relations between citizens and the state, and detailing the rights and duties of citizens.

The constitution provides an organizational framework for the government, defining the roles of the legislature, executive, and judiciary, and outlining the interrelationship and restrictions on their authority.

Explanation of the amendment provision in a constitution, stressing the importance of having the capacity to modify the constitution to meet future needs.

Discussion on the types of constitutions: written and unwritten, with examples like the United States having a written constitution and the United Kingdom having an unwritten constitution.

Comparison of rigid and flexible constitutions, with the U.S. Constitution being rigid due to its difficult amendment process, and the U.K. Constitution being flexible due to its easier modification process.

Merits and demerits of rigid constitutions, noting their stability but also the difficulty in adapting to new social needs.

Merits and demerits of flexible constitutions, highlighting their adaptability but also the potential instability and frequent changes.

Introduction to federal and unitary constitutions, explaining how federal constitutions enable a double government system with distributed powers, while unitary constitutions centralize power in a single government.

Merits of a federal constitution include better protection of regional and local interests, while its demerits include potential conflicts between central and local governments.

Merits of a unitary constitution include strong central government and ease of amendment during emergencies, while its demerits include centralized bureaucracy and potential ignorance of local conditions.

Recap of the types of constitutions discussed: written, unwritten, rigid, flexible, federal, and unitary.

Final note encouraging viewers to like and respect the show, emphasizing that it costs nothing but matters a lot.

Transcripts

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hello friends welcome back this is a

sixth video lecture on Constitution of

India showed us a lecture on nature and

kinds of Constitution to understand

better

you should check these video lectures in

serial order

let's begin with the question what is

the meaning of Constitution Constitution

comma Club care Constitution is the

supreme law of each state state in

Harper country kakahiaka kakou CB

country Kaju a supreme law Constitution

he Jota her it lays down rule regarding

the organization powers and function of

the government it also defines the basic

features of the steel and the relation

between the citizens and the state in

simple words we can say constitutional

law enjoys the position of being the

supreme and fundamental law of the state

it lays down the organization and

functions of the government of the state

the government can use only those powers

which the Constitution grants to it

government gave us unlimited power Nijo

ta where a limited direct and the

conqueror her or where there are had

constitution car mclubbe constitution k

against government nahi giuseppe quid

decision nihilism easily a her country

Constitution wanna bought the Rudy here

ACK Oh Prager caution rock-a-by while

the Constitution is necessary so how

will we deal a constitution jewelry you

have a constitution is necessary for

several reason is cake al-quran hang by

yury had one it informs us regarding

organization and power of the government

by government key organization case a

house key hierarchy cáceres key powers

gihan is capital octa second it lays

down the principles and rules governing

the political process of kisi country

may politics kiss his substantial da

whose capita Bahama Constitution

Seychelles after her number three it

tells us about the relations between the

people and the government

logo cabbage or soccer cabbage yeh

rishta joha is go Casa Jaya Jaya escape

RA maybe Constitution batata hey it

defines the rights and duties of the

people kisi bhi - case citizens ko

jae-hak a hare or cow on kicker tava hey

JB Constitution batata have a

constitution is also needed to curb the

powers of the government government

co-occur control Naruto raivo TOEIC

dictatorship and ji-hyo my balloon cos

omega hawaii at manoa amano easily is

power control conically constitution

Kahuna's awry here where comment

constitution k dynamically

a state without constitution will become

a regime of an Archie Constitution is

thus necessary for every country whether

written or unwritten conventions

what are the functions of the

Constitution the Constitution is a

political structure whether it's written

or not and followed or not they have

several functions Constitution basically

a political structure here you

politicians cook control connect Leoben

Ajah Ajah Kasich Theo whether it's

written or not by liquor through me who

we are now Harlequin escape functions

both working him kya hota hey functions

let's cover it up number one expression

of ideology it reflects the ideology and

philosophy of Venetian definitely easy

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Constitution goes on low number two

expression of basic law constitutions

present basic laws which could modify or

replace through a process called

extraordinary procedure of amendment

there is a special law also which

usually focus on the rights of the

citizens for instances rights concerning

language speech religion assembly the

press property and so on two basic

Constitution casual law Jota heck

Enomoto where if token uncoachable Ajay

Escobar MeV batata or logo ki ha ha ke

baare image rule diya jaata hai ki and

ku is dish macaca hoc D again hi Jessica

Tasha bull neck Ahok uncut harem

religion assembly Becca ha kata Hana

Hana Hana Akira pajama a fresco

definitely in news reporters on ki Azadi

or property CLE they show me property up

up Nanami any curse of naval command

Konami who it is only taken on lease by

the citizens in the name of common third

function its organizational framework it

provides organizational framework for

the government it defines the functions

legislature executive and judiciary

their interrelationship restrictions on

their authority etc to Constitution he

Sarkar kobbari me batata Heke UNK

legislature Jokinen vanity hey

executives Joel lagu Kurt am judiciary

Joe Kanto naval Oh

they have their interrelationship in

Lavaca Beach Mickey sprecher kirusha

hoga Casey ik doosre KO cooperate Korea

or dish with Lana my mother the Korean

Wave restrictions on their authority

extra iske MATLAB K in Lagoon KB uber

restrictions legality a legislature make

kanoon banana Bellanca jo hakoda hey

where ministers quwata hell lakyn UNK

possible limited powers ham walk wavy

man may I accompany Ian he knows then

comes the fourth point levels of the

government Constitution generally

explains the level of different organs

of the government whether it's federal

confederal or a unitary will be

described by the Constitution they

delineate the power levels of nations

and provisional government's up

government K under B levels hoping him

Jess a union or states may union power

is more considered in India and every

government has their own field just a

sport scheme ministerial Agoge welfare

chemistry allegory petroleum finance

Home Ministry in sub K levels Allah glug

hey or Kiska level Hooper hey

yacon subordinate hair Pisgah V

Constitution may he described kya hota

Han and the fifth and the last point

amendment provision as it would not be

possible to foretell all possibilities

in future with great degree of accuracy

there must be sufficient provisions for

amendment of the Constitution it should

contain a set of directions for its own

modifications the system might collapse

if it lacks in scope for modification

inherent capacity to change according to

changing times and needs help

any system to survive and improve occur

Constitution may amendment provision

Noddy

though unable a time a future

uncertainties ho jayegi

both of the semester lower key demand v

basel Teja is Leon Kay Connell may be

but la una jury hota hai so these are

all important functions of the

Constitution which every law student

must remember

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now we come to the main question types

of Constitution they are written

constitution unwritten Constitution

rigid or flexible Constitution Federal

Constitution or unitary Constitution now

let's cover what kind they are and the

difference between them

yes Abebe in precalc a constitution here

or in k-beach made differences can he be

cover Carla the written and unwritten

Constitution Constitution of most of the

countries are written java dark or

written constitution he Malaga unwritten

Constitution of few United Kingdom is

considered as one of the countries as

unwritten Constitution but many elements

in the form of states judicial decisions

and charter are in written form

unwritten Constitution key examples if

England was at the United Kingdom to

secure him lakyn couch elements Jess a

key states Hogan judicial decisions away

or charters okay would be a cracker key

act so they hear it inform me hang

easily a completely unwritten

Constitution kissy be country Canaan

here I hope everybody understands that a

written constitution is Joe liquor

through Meho or unwritten Constitution

well Joe Lahaina Yahoo a biscuit merits

or demerits cover collating the hella

ridden Constitution demerits all laws

are on paper to understand and implement

in a better manner his Co better 3castle

ago Kea just like UK everything is

written on the paper written

constitution KD merits can a pure

thoracic dependency on cue Perugia ta k

by Joe LaCava he hoga

rather than what the situation is in

hand so D merits both come Hanley can

escape fighters other hand unwritten

Constitution the merits no dependency on

the written rules are Puri transit

depending or thank you by Joe LaCava

Colonel Joe situation ham whose Co

handle Cassie Carnahan whoa up could

curse acting QK there is nothing written

in a rigid manner

unwritten Constitution key diamond its

care law are not easy to

understand and implemented in a manner

as per ruling party etc schemata lobby a

a heck a con una hadisha

cuzco some animated is a problem hoagie

to Kelly Cutrone a Turkish Vinnie a

audio ruling party here Joe government

here

whoa up neatly case a Joe Margie rule go

implement kar sakte a UK written taught

by the coach beanie evoke a yarmulke the

attic area so written constitution

Hoonah boards Aurora here

Kurt a rigid and flexible Constitution a

constitution is called

a rigid if for the amendment or revision

of its provision a special procedure is

required to be followed on other hand a

constitution is called flexible if it's

provision can be amended or revised by

ordinary legislative procedure

Jessica vote could some jarring Anki

rigid comma Club Jota is sucked his cue

amenda karna both mushkil jota you say

rigid constitution getting or jiske

amendment or provisions Co asanas a

simple 3 K serum and menticles are clear

bottles acting her Kuzco flexible

Constitution guessing thus the

distinction between rigid and flexible

Constitution is based on the existence

or non-existence of a special amending

procedure the main for DOMA may

amendment procedure cool a keiki hug

ahem

the constitution of UK is considered as

flexible Constitution QK wear Ahram say

easily amend Karla the happen a local or

constitution of USA is considered as a

rigid Constitution QK a very heavy

procedure is adopted to change any law

rigid Constitution is considered good as

it's a stable Constitution because the

provision of the Constitution cannot be

changed easily at the desire of the

ruling party a bisque Aveda a huge at

ahead a ruling party Oppenheimer jisuk

romaji lonnie loss of the law could

change connect Lea both heavy procedure

could adopt karana Porter is k merits or

demerits cover caladium marriage of

rigid constitution the rigid

Constitution is considered good as its

stable condition because the provision

of the Constitution cannot be changed

easily at the desire of the ruling party

Joe ruling party have o open fi de Cali

a primer Jesus could change nicker sakti

a year to egghead Ahuja next rights of

the citizens are considered more secure

or citizens joho TFSA unclear be fake

about ho tak whoa assured ro ta ke

hemara Joe hak head you ha my Azad

Amelia just be procore ki hey whoa asan

is above the level in he D merits is K

AB Knox Anka it cannot be changed

according with needs absolute hisab

Cisco but lisanna a son he yech

knocks on wall about her rigid

constantly it plays obstacle in required

social needs of society Couture tree

cake of Juba Dalton a UN Kaiba Delta

tree calm cool acre

CONMEBOL of Lanna moose kill her versa

demerits coming in here so rigid

constitution must be considered as

better merits of flexible Constitution

it can be changed easily when society

needs arise blesses society gujarat na

ki sabzi miss Cobra lodges act ahem it

adopts to new conditions smoothly Nate

Rococo obviously GG up situation I yet

LOC loco but ology toward it need

emergencies with ease without breaking

their framework coach situation as he

RIT hockey con un cotton bottle aa to

school asana tricky Subrosa escape email

scam what are the demerits of flexible

Constitution it is not stable it can be

changed anytime by ruling party of

flexible Constitution the fighter to

Bharata a jumbo Germany but earlier

leaking ruling party obtained his op

second one banality

jhunku ecology ajahn Chah logic is

muhammara vada he had the same unco

popularity Millie number two people have

uncertainty with regard to their rights

as law changes frequently yaha - Russell

locomotion a pariah a flexible

Constitution Hanukkah con un cadeau

Azadi gob Parker Camilla who here coach

putana he caboodle joy

next federal and unitary Constitution

Federal Constitution provides federal

government whereas unitary Constitution

provides a unitary government of a

Federal Constitution at the Constitution

cake according government be federal

Huggy or unitary Constitution hathaway

unitary government Habana give a per

Federal Constitution Jota ka it enables

a system to adopt a double government

next distribution of power is equal in

journal matters and national matters are

with central government Federal

Constitution may egg bath to some le

cadeau per car keys are carbon theme or

own ke beej jo division of power half

where be equally Houthi hey listen to

national importance key matters within a

vast central government capacity here or

iske a core feather Heke independent

judiciary ruthie here in unitary

Constitution the whole power of the

government is conferred upon a single

central organ or organs from which the

local government derives whatever

Authority or autonomy they possess

unitary Constitution come main important

feature a a kiss single government ho t

hey or escy according he local or do

city authorities Jo hey watch LT him

second central government has exclusive

power to determine pattern of

relationship with local government and

the manner of distribution of powers

among them central government he decide

Kirti heck a kiss pro carcas rich tau

local government or do city authorities

ke sath hoga QK Power Stone K pass have

Lincolnville local authorities could

kidney power they thing I gave oh he

decided currently so basically central

government has all the powers regional

government is totally subordinate to the

central government and the example is in

United Kingdom

Abdulle regional government ho t heme

group ureter SS central government K

under come curtain KB apne juçara

have-we home implement currently or a

sky example England hair a biscuit

merits or demerits cover calathea

Federal Constitution remarried scam well

mostly concentration is on a national

importance

where jerath our national importance ki

cheese no he dictates

regional and local interest are better

protected is say Joe regional or local

level / Joe authorities ham who Scobie

protect Kiyosaki I tend to develop

decentralization and more democratic in

nature so federal government ke kaaran

ik per car say Juke calm car naked Raja

who decentralized Raja Dahir MATLAB bata

hua Jota or Java democratic manager

Tahir Federal Constitution KD minutes

can a weak government Yi Casey who gave

a Abdul national importance cabaret may

he discuss Cragie well local level /

come-come Cathy here the government has

no control over the matters allotted to

the regional governments egg broke RC UN

Kokua control near their own Cooper

the division of power often results in

conflict between the central and the

local government or own key distribution

of power Cola kv own k-beach Tanith on

each LT rate often in effective during

emergency situations a path colleen

halat may EHR marathi here federal

constitution is rigid and cannot be

amended easily and the last one double

system of government often found the

cause of delay in execution of plans and

projects yet OHIM apne country may be

the acting head double government ke

kaaran

jo a Qi projects fatiha uncle ago karna

mush kill Hojo Paha QK central

government upon the authority ducati

hair or local government of knee rules

and regulation school a capacity here a

unitary Constitution gave merits Kia ham

unit reconstitutes

a strong central government so this is a

good part no conflicting authority and

no overlapping of jurisdiction egg do

streaky Authority who like a hawk who

like a PowerSchool acre who is irani

the government is more flexible and can

be changed according to the need of

society libri important is who tak

Sircar jaha where society look ok Naruto

K sub C apne policies may but lovely

came amendment procedure is easy to meet

emergencies unitary constitutions you

have a pot Coleen halat Cunha Patna

Kelly suction here unitary Constitution

kadhi merits can decentralized

bureaucracy

Abu Chrissy is bad and askew

decentralization wanna be or be Giada

barakaatuh

overburden central officials but the

decisions are often made in ignorance of

local conditions juice central Adhikari

hair monkey overcome cabbage / huzzah de

hecho jiske Karen local haladki where

errata ignore kerja let's revise the

type of constitution written

constitution unwritten Constitution

rigid or flexible Constitution federal

or unitary Constitution before we come

back with another topic a little request

barranco respect it show toko pare it

cost nothing but matters a lot

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you