Constitution: Meaning, Functions & First Constitution of the World

The legal system of a country can be divided into two parts. First deals with the laws governing the state and the second deals with the laws by which the state governs. Constitutional law falls in the first category. It deals with the rules and norms from which the governmental organs draw their powers and functions. Thus constitutional law sets up machinery of the Government of a state and it defines the relations between different institutions and components of the government viz. executive, legislature and judiciary; and also the central, state / provincial and local governments.

Functions of the Constitution

The key functions of constitution are as follows:

• Providing basic rules which allow minimal coordination among various organs of government and society as a whole.
• Laying out fundamental principles according to government and its various organs are constituted and governed.
• Basic allocation of power among various organs of government.
• Giving certain powers to executive, judiciary and legislative and imposing certain limits on them
• Giving certain rights to citizens and laying out their duties
• Enabling the government to fulfill the aspirations of the society

First constitution of the world

Law is as old as our civilization. It is thought that Aristotle (circa. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law; and he was the first one establishing ideas of constitution and constitutionalism. However, our own dharmshastras are even older to the Greek philosophers.

As far as written constitution is concerned, the first modern written Constitution is the “Fundamental Orders” of State of Connecticut in US. This is so famous that Connecticut is called Constitution State in America.

Similarly, the US Constitution came into force in 1789 and is first well known example of written constitution around the world. It was a trendsetter because written constitutions became popular after its adoption. This document had  only 7 articles and is hailed for its simplicity and brevity. It has been amended for 27 times up till now and first 10 amendments are called Bill of Rights.

Beginning of Modern Indian Constitution

British came to India as traders and with the passage of time, they became it’s rulers. In 1600 AD, the British East India Company was granted a charter to trade in East. The company obtained exclusive right to trade with India for 15 years. From time to time, this charter had to be renewed. Gradually East India Company also morphed into a territorial power in India. Its career as a territorial power in India had started with the victory in the battle of Plassey. However, post battle of Plassey, the affairs of the company went haywire and needed parliamentary control. Thus a series of acts, beginning from regulating act 1773, were passed to regulate the affairs of the company; renew its charters; provide for government in India; provide for civil and criminal laws and so. Thus, the constitutional history of India begins from the Regulating Act 1773.