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The primary function of the constitution is to ensure Liberty and Justice. For this, it has to put limitations on the powers of the government.
Primary function of the constitution is to ensure Liberty and Justice. For this, it has to put limitations on the powers of the government.
Limitations on the powers of the government:
- Fundamental rights: the most common way of limiting the power of the government is to specify certain Fundamental Rights to its citizens which no government can be allowed to violate. For example, protection from arbitrary arrest is a Fundamental Right under the Indian Constitution
- Separation of power: Horizontal division of powers among different organs of state prevents concentration of power in one organ or a set of people. For example, Article 50 of the Indian Constitution provides for separation between judiciary and the executive
- System of checks and balances: One organ of the state should be able to check the exercise of power by other organs . For example, powers of judiciary under Article 32 and 226
- Independent institutions: A constitution must provide of independent institutions to hold the government accountable. For example, Election Commission of India, CAG etc
- Rule of law: Constitution should give primacy to Rule of Law which curbs arbitrary use of power. For example, Article 14 of the Indian Constitution provides for Rule Of Law
Therefore, the Constitution uses various tools and mechanisms to limit the power of the government and ensure Liberty and Justice.
- Fundamental Rights: the most common way of limiting the power of the government is to specify certain Fundamental Rights to its citizens which no government can be allowed to violate. For example, protection from arbitrary arrest is a Fundamental Right under the Indian Constitution
- Separation of power: Horizontal division of powers among different organs of state prevents concentration of power in one organ or a set of people. For example, Article 50 of the Indian Constitution provides for separation between judiciary and the executive
- System of checks and balances: One organ of the state should be able to check the exercise of power by other organs . For example, powers of judiciary under Article 32 and 226
- Independent institutions: A constitution must provide of independent institutions to hold the government accountable. For example, Election Commission of India, CAG etc
- Rule of law: Constitution should give primacy to Rule of Law which curbs arbitrary use of power. For example, Article 14 of the Indian Constitution provides for Rule Of Law
Therefore, the Constitution uses various tools and mechanisms to limit the power of the government and ensure Liberty and Justice.