Why we need a constitution

The whole structure of government in India, and the principles binding its institutions together, come from the Constitution. So before studying elections, Parliament or the courts, we ask: what is a constitution, and why do we need one?

A thought experiment. Imagine a large group whose members are diverse: different religions (or none), professions, abilities, tastes, incomes and ages. They will disagree about many things: how much property one may own, whether school should be compulsory, whether to spend on security or parks, whether some members may be discriminated against. Yet they must live together, depending on and cooperating with each other. What lets them live together peacefully?

Function 1: coordination and assurance. The group needs some basic rules that are publicly promulgated and known to all, or everyone would feel insecure, not knowing what others might do or who could claim what.

• The rules must also be enforceable: legally enforceable rules assure everyone that others will follow them, because those who break them will be punished.
• So the first function of a constitution is to provide basic rules that allow minimal coordination among the members of a society.

Function 2: who decides. A constitution is a body of fundamental principles by which a state is constituted or governed. But even before deciding which rules should govern us, we must decide: who gets to decide?

• In a monarchical constitution, a monarch decides; in some, like the old Soviet Union, a single party decided; in democratic constitutions, broadly, the people decide.
• Even then: how do the people decide? Must everyone agree? Should people vote directly on every matter, as in ancient Greece, or elect representatives? How many, and how chosen?
• In India, the Constitution specifies that in most matters Parliament makes laws and policies, and how Parliament is organised. For Parliament to have that authority, a higher law must give it: that is the constitution, the authority that constitutes government in the first place.
• So the second function of a constitution is to specify who has the power to make decisions and how the government will be constituted.

Example (new): a housing society writes down who may use the common hall, how its dues are collected, and that an elected committee decides disputes; everyone knows the rules, and knows that ignoring them brings a fine.