Sunday, October 4, 2020
What is Constitution?
RULES AND LAW : THE CONSTITUTION
For the functioning of any democratic country, rules and laws are always necessary. These rules and laws make life easier and functioning of democracy effective as well as a smooth.
If we do not follow these rules, our safety and security will be threatened. In the same way, certain rules and regulations are a must for the working of the state or a country. The set of rules and regulations which helps in the smooth functioning of the state is termed as constitution.
ROLE OF THE CONSTITUTION
A constitution is a set of return rules and laws according to which a state is governed. The constitution lays down guidelines and principles on the basis of which the governance of that country is conducted with a view to maintain law and order.
TYPES OF CONSTITUTION
The constitution is of two types -
1. Written constitution
2. Unwritten constitution.
Our country has a written constitution which came into force on 26th January, 1950.
The Constitution is very important for a state due to the following reasons :
• The government of a country is formed and functions on the guidelines laid down in the Constitution.
• It helps us to understand the political system of a country.
• It delimits the scope and activities of various organs of the government.
• It ensures that the citizens of a country enjoy they are Fundamental Rights.
Note : One of the famous scholar 'Jallinek' describes the importance of the Constitution as -
" A state without constitution would not be a state but a regime of anarchy."
WHAT ARE LAWS? WHY DO WE NEED LAWS?
The laws is defined as a set of rules and regulations according to which country is governed and are widely recognised by society. The U.S President, Woodrow Wilson, described the law as " the portion of the establishment thought and habit which has gained distinct and formal recognition in the shape of uniform rules backed by authority and power of the government."
Laws have their own important in the society. We need laws -
• as they regulate the civil life of the society.
• for good governance.
• to maintain law and order.
• to curb the society evils prevailing in the society.
Several laws has been passed and implemented to safeguard the people.
• Dowry prohibition Act of 1961: The practice of dowry is prevalent in the society since time immemorial. Dowry is a gift or a some of money given to a daughter by her parents on the eve of her marriage. Initially, it was not compulsory, what's it became a traditional. Unfortunately, it has become a major problem. The ill consequences of dowry are beyond imagination. In urban, suburban and rural areas, a newly married women is harassed and tortured by the husband and his family members for not bringing sufficient or the demanded dowry. Sometimes, these newly married women sre killed or even forced to commit suicide to escape the ill-treatment meted out to them by their in-laws.
To curb this social evil, the Dowry Prohibition
Act was implemented in 1961. According to this Act, demanding and giving of dowry offence. Anyone found guilty of demanding or giving dowry will be fined or imprisoned for a period of not less than five years.
• Sati Prevention Act : This evil is practised in India since the medieval period. It is the practice of burning of widow on the pyre of her husband. Many social reformers like Raja RamMohan Roy and Dayanand
Saraswati did their best to their social evil.
In 1987, in Deorala village of Rajasthan, Roop Kunwar's tryst with the tradition,led to a widespread reaction throughout the country. The government soon passed a law under Sati Prevention Act, 1987 to punish the entire village who just stood and watched a lady being prey to the evil practice of Sati.