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Constitution cannot merely be a document. It has to be effective in order to enforce the ideals it aims to achieve. The effectiveness of a constitution depends various factors.
Effectiveness of the constitution depends on the following factors:
- Mode of promulgation: It means how a constitution came into being. For an effective constitution participation of all the stakeholders is important. For example, Constitution of India was framed by an elected (partially) Constituent Assembly representing all the religions and regions.
- A constitution must preserve freedom and equality of ‘all’ its members. This assurance gives ‘everybody’ a reason to go along with the constitution. For example, the constitution of the USA faced challenges as it legalized slavery, oppressing the African American community
- Balanced institutional design: There should be separation of powers among different organs of the state. This keeps checks on power of any one organ and prevents subversion of the constitution. For example, Separation of Powers between Judiciary, Executive and Legislative organs
- Constitution must be adaptable: there should be an intelligent institutional design which strikes the right balance between certain values as authoritative and at the same time allow enough flexibility in its operations . It should be able to evolve without compromising on its core values. For example, Article 368 provides procedure for amendment of the constitution
- Constitution has to find a balance between social norms and customs, while encouraging social progress through social change.
- Independence of institutions: Institutions must be independent in order to serve the demands of the constitution and prevent abuse of power by the government. For example, independence of judiciary, institutions like Election Commission of India etc
Ultimately, the effectiveness of the constitution depends on the collective resolve of the people.