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and establishes a clear line of hierarchy of the creation of a constitution, one has many
division of powers based on delegation and sets of identities. But, agreement on certain
decentralisation. In modern democracies, basic norms and principles gives one a
the constitution empowers the power of political identity.
right to make laws for the people. This The constitution, therefore, gives an ethical
power is vested with the people representa- identity to people. It lays down many basic
tives who elect a legislature. political and moral values which are now
3. Limitation on the Powers of Government shared across different constitutional tradi-
The constitution of a country puts a limit on tions.
the powers of the government to impose WHAT IS LAW?
restrictions on its citizens. These limits Law is derived from the Teutonic word ‘Lag’
fundamental in the governance of the which means “fixed”. Law is something fixed.
country as the government can never According to Wilson, “Law is that portion of
trespass them. established thoughts and habits which has gained
In the absence of such a limit, the govern- distinct and formal recognition in the shape of
ment may enact laws which are unfair or uniform rule backed by authority and power of
prohibit people from freedom of religion, government.” Law is, therefore, a set of rules and
speech and expression, right to property, regulation which are recognised by the society
arbitrary arrest, discrimination on the basis and enforced by the state.
of color, race, sex, etc. Since the govern- Why are Laws Required?
ment would enjoy absolute powers, these
g To protect people from exploitation the
unjust laws could come into existence.
government makes certain laws. These laws
4. Aspirations and Goals of a Society try to ensure that the unfair practices are
The constitution of a country enables the kept at a minimum in the markets.
government to fulfill the aspirations of a g To ensure that workers are not underpaid,
people and lay foundations of a just society. but are paid fairly, minimum wages has
For instance, in South Africa which was been set by the governments.
deeply rooted with racial discrimination, the g There are laws that protect the interests of
new constitution has empowered the gov- producers and consumers in the market.
ernment to put an end to apartheid and
g The government has to ensure that these
realise the aspirations of a just society.
laws are implemented which means that the
law must be enforced.
How Does Indian constitution fulfil the aspirations g Enforcement becomes even more important
and needs of the people? when the laws, the government can control
the activities of individuals or private com-
5. Fundamental Identity of People
panies so as to ensure social justice.
The constitution expresses the basic and
g Fundamental Rights guaranteed by the
fundamental identity of people. It gives a
Indian constitution like ‘Right against
collective identity to the people by agreeing
Exploitation’ say that no one can be forced
to a set of norms on how one should be
to work for low wages or under bondage.
governed and who should govern. Before
Social Science-8 200
