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Question

Read the following statements about a constitution. Give reasons why each of these is true or not true.

(a) The authority of the rules of the constitution is the same as that of any other law.

(b) Constitution lays down how different organs of the government will be formed.

(c) Rights of citizens and limits on the power of the government are laid down in the constitution.

(d) A constitution is about institutions, not about values.

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Solution

(a) True

The constitution is the supreme law of a country. It is the foundation of a democratic entity. The rules laid down in the constitution are the bases on which all the other laws are framed. Hence, it follows that the constitutional rules have the same authority, perhaps even greater, as any other law of the country.

(b) True

The constitution lays down the framework for government formation. It defines in detail the composition and functions of the different organs of government, namely the executive, the judiciary and the legislature.

(c) True

The constitution lays down the fundamental rights of every citizen of the country. These rights are enforceable in a court of law. By defining the structure and functions of the different organs of government and by making them independent in their own spheres, yet keeping each organ under check by the other organs, the constitution ensures that there are proper limits to the powers exercised by the government.

(d) Not true

A constitution lays down the composition and functions of the different institutions of government, thereby providing the framework and laws for the working of these institutions. However, in providing such laws and frameworks, it is strongly guided by democratic principles and values. Hence, a constitution is as much about values as it is about the institutions based on these values.


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