Previous Year Question
Which one of the following statements best reflects the chief purpose of the Constitution of a country?
It determines the objective for the making of necessary laws.
It enables the creation of political offices and a government.
It defines and limits the powers of government.
It secures social justice, social equality and social security.
Correct Answer: C
Detailed Solution
The principal purpose of a Constitution is to establish the institutions of government, distribute governmental authority and impose limits on the exercise of that authority. Option (c) therefore states the basic purpose of a Constitution most comprehensively and accurately.
Defining governmental powers
The Constitution of India establishes the principal institutions of government and specifies their powers:
Article 52 provides for the office of the President.
Article 74 provides for a Council of Ministers to aid and advise the President.
Article 79 defines the structure of Parliament.
Article 124 concerns the establishment of the Supreme Court.
Article 153 provides for the office of Governor in the States.
Article 168 concerns the structure of State Legislatures.
Article 214 provides for High Courts for the States.
The Constitution thus determines who will govern, which institution will exercise a particular power and the procedure through which that power must be exercised.
Limiting governmental powers
While granting powers, the Constitution also imposes limitations to prevent their misuse. Its principal mechanisms include:
Fundamental Rights: Protect individual freedoms against State action.
Judicial review: Enables courts to invalidate unconstitutional laws and governmental actions.
Functional separation of powers: Assigns distinct areas of responsibility to the legislature, executive and judiciary.
Federalism: Distributes legislative and executive authority between the Union and the States.
Rule of law: Subjects every governmental action to the Constitution and law.
Parliamentary accountability: Makes the Council of Ministers collectively responsible to the Lok Sabha.
Independent constitutional institutions: Bodies such as the Election Commission and Comptroller and Auditor General provide institutional checks on governmental power.
Why are the other options not the chief purpose?
Option (a): A Constitution defines law-making powers and their limits, but it does not determine the specific objective of every necessary law. Legislatures determine legislative objectives within their constitutional competence.
Option (b): A Constitution creates political offices and governmental institutions, but institutional creation alone does not capture its complete purpose. Limiting the powers of those institutions is equally essential.
Option (d): Social justice, equality and security are important objectives of the Indian Constitution. The Preamble, Fundamental Rights and Directive Principles promote these goals. Nevertheless, the universally applicable central purpose of a Constitution is to establish the governmental framework and limit governmental authority.
Constitutionalism
A Constitution and constitutionalism are related but distinct. A Constitution may be a written or unwritten framework of governing institutions and rules. Constitutionalism requires limited government, protected rights and the absence of arbitrary power.