Nature, Kinds & Functions of Constitution 6
Summary
TLDRThis 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
- π 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.
- βοΈ Constitutional law is the fundamental law that defines the structure and authority of government, ensuring that the government operates within its granted powers.
- ποΈ The Constitution curbs government power to prevent dictatorship, making it essential for maintaining order and democracy in a state.
- π 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.
- ποΈ 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.
- π The Constitution must have provisions for amendments to adapt to changing times and societal needs, ensuring its relevance and effectiveness.
- βοΈ Written constitutions provide clear laws on paper, but can be rigid and dependent on the text, whereas unwritten constitutions allow more flexibility in governance.
- ποΈ 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.
- π Federal constitutions distribute power between central and regional governments, while unitary constitutions centralize power in a single national government.
- β‘ 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
π 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.
ποΈ 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.
π 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.
βοΈ 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.
π― 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.
Mindmap
Keywords
π‘Constitution
π‘Supreme Law
π‘Government Powers
π‘Rights and Duties
π‘Amendment
π‘Rigid Constitution
π‘Flexible Constitution
π‘Federal Constitution
π‘Unitary Constitution
π‘Judiciary
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
[Music]
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 cΓ‘ceres 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
the Escobar image on autos key
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
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