The Constitution

A constitution is the foundational legal document that defines the structure, principles, and governance of a nation. It serves as the supreme law, shaping the political, social, and economic fabric of the country. Constitution is the code, philosophy, wisdom by which a nation would survive, strive, sustain and flourish. It is a national document to govern itself is a document of reference by which people can seek guidance, clarifications of doubts and contradictions and it can inspire present and future generation towards continual evolution.

The meaning of the word ‘Constitution’ can be interpreted as a noun as well as a verb. As a noun, it means, constitucioun, "law, regulation, edict; body of rules, customs, or laws, the mid-14c." from Old French constitucion (12c.) "constitution, establishment," and directly from Latin constitutionem "act of settling, anything arranged, regulation, order, ordinance."

The meaning "action of establishing, creation" is from c. 1400. Sense of "mode of organisation of a state" is from c. 1600; that of "system of fundamental principles by which a community is governed" dates from 1730s.

A constitution is far more than a set of rules—it is the foundation that shapes a nation’s trajectory. A poorly framed Constitution can lead a Nation to its ruin. The crafting and maintenance of a sound constitution are critical to a nation’s success or failure.

Our constitution is by what we are made of, how we survive, sustain, flourish and celebrate. It is something that constitutes us and that is our true constitution. Constitution of a person is "about a person's physical, emotional and intellectual structure. In terms of a nation, it means what a nation knows or believes in and how this knowledge is going to be utilised for good (it’s good as well as a good influence for others). The constitution of a nation is what it is made from, not merely the people, land, flora and fauna, its wealth and resources, but also its history, art, culture and traditions, knowledge and wisdom.

A constitution serves as the cornerstone of a nation’s governance, defining the rights and responsibilities of its citizens while establishing the structure and limits of governmental power.

The constitution of Western nations can be considered to be divided into two parts, a worldly front and a background. The background constitution springs from the Bible, which always provides a binding philosophy. In a courtroom, an oath is taken on the Bible. That means it is the document which is expected to connect people to the truth. The front end is a secular (worldly) constitution which allows them to conduct the affairs of the state free from the interference of religious organisations. The secular constitution may also allow some ideas which may or may not align with the Christian faith. It is important to understand the complete picture.

Emperor Constantine I, reigning from 306 to 337 AD, marked a pivotal epoch in Roman history by legalising Christianity through the Edict of Milan in 313 AD and later making it the state religion to fortify his position as an Emperor. His reign marked the transition from the Tetrarchy, which was prevailing system of governance established by Roman Emperor Diocletian in 293 AD, where the empire was divided into four parts, ruled by two Augusti (senior emperors) and two "Caesars" (junior emperors), aiming to stabilise the empire and facilitate succession. The "constitution" of the Romans after Constantine was not a single written document but rather a system of governance characterised by an autocratic emperor with supreme power, supported by a bureaucracy, clergy and influenced by Roman legal traditions.

This period is known as the Dominate, it saw the emperor wielding absolute power, with the Senate's role reduced to a ceremonial one.

Administrative Reforms: Constantine and his successors implemented major administrative reforms, dividing the empire into smaller, more manageable units called dioceses and prefectures. This helped streamline governance and improve control over the vast territories.

Military Reorganisation: The military was reorganised to ensure loyalty to the emperor. Constantine established the comitatenses (mobile field armies) and limitanei (border troops) to defend the empire more effectively.

Religious Influence: The church began to play a prominent role in state affairs.

Roman expansion into Europe began in the 3rd century BC, with conquests in Gaul (modern-day France), parts of Germany, and Britain. However, this expansion faced significant resistance. The Gauls, led by figures like Vercingétorix, and the British, with uprisings like Boudicca's rebellion, resisted Roman political and military dominance. The Germans, notably the Visigoths, demonstrated this resistance by sacking Rome in 410 AD under Alaric I, marking a pivotal moment in the decline of the Western Roman Empire. Despite this, the cultural and religious influence of Rome persisted, creating a pathway for Christianity's spread. These conversions were mostly top-down, driven by leaders seeking political benefits, like inclusion in the Roman sphere or land access, showing how Christianity transcended political resistance.

Influence on Western Political Thought

The Roman constitution after Constantine had a profound impact on Western political thought, particularly in the following ways:

Concept of Centralised Authority: The idea of a centralised authority with the emperor at the helm influenced the development of monarchies in medieval Europe. The notion of a single ruler with absolute power became a model for many European kingdoms.

Legal and Administrative Systems: Roman administrative and legal reforms provided a blueprint for modern governance. The division of the empire into dioceses and prefectures influenced the administrative divisions in many European countries.

Christianity and State: Constantine's endorsement of Christianity laid the foundation for the close relationship between the church and state in medieval Europe. This relationship shaped the political landscape of Europe for centuries.

The influence of Christian clergy is evident in treaties, papal decrees, and the enforcement of religious orthodoxy, often intertwining with colonial expansion, slavery, and ideas of global dominance.

The Papal Bulls

A papal bull is a type of official document, similar to a decree or charter, issued by the Pope to communicate important church teachings, decisions, or announcements. The name comes from the Latin word "bulla," which means "seal". Historically, these documents were sealed with a lead seal, which gave them their name. This decrees indicate the Pope’s influence and importance in shaping kings ideas for governance.

Unam Sanctam (1302): Issued by Pope Boniface VIII, it asserted papal supremacy over all rulers, both spiritual and temporal, claiming that for salvation, one must be subject to the Roman Pontiff. This bull was part of a conflict with King Philip IV of France, illustrating its political implications.

Dum Diversas (1452): Issued by Pope Nicholas V, it authorised King Afonso V of Portugal to conquer and possess all lands of infidels and reduce their inhabitants to perpetual slavery, directly endorsing colonial expansion and slavery.

Romanus Pontifex (1455): Also by Pope Nicholas V, it confirmed and extended the privileges of Dum Diversas, giving Portuguese traders a monopoly on trade with Africa and authorising conquest, slavery and conversion of non-Christians, highlighting clerical influence in international relations.

The Treaty of Tordesillas (1494), signed between Spain and Portugal, divided newly discovered lands outside Europe, based on the papal bull Inter Caetera (1493) issued by Pope Alexander VI. This bull granted Spain rights to lands in the New World not under Christian rule, showing how the Pope's authority legitimised colonial claims.

Philosophies like Terra Nullius (lands not Christian-owned were free to take) and just war theory (conquest to spread Christianity) fortified colonial loot and slavery. Thinkers like John Locke supported these ideas, arguing that unused land could be claimed, aligning with clerical justifications.

Clergy promoted Christian superiority, often conflated with European dominance during colonisation. The doctrine of discovery, rooted in papal bulls, justified taking non-Christian lands, contributing to ideas of a world ruled by Christians, with complex ties to racial attitudes.

These decrees demonstrate how the Pope influenced international relations by allocating territories and authorising actions against non-Christians, shaping the colonial ambitions of European powers.

The Spanish Inquisition was established in 1478 with papal approval, enforced religious uniformity, impacting internal politics by consolidating monarchical power. It targeted heretics, often leading to executions, demonstrating the clergy's role in social control. The burning of heretics was also common during the Inquisition periods, with the clergy enforcing orthodoxy through severe punishments, further demonstrating their power over life and death in matters of faith and politics.

Joan of Arc's trial and execution in 1431 by a clerical tribunal led by Bishop Pierre Cauchon, aligned with English interests, illustrate how clergy could be used to eliminate political opponents under heresy charges. She was posthumously exonerated in a retrial ordered by Pope Callixtus III in 1456, declaring her trial unjust and deceitful.

Christian clergy promoted ideas of Christian and European superiority, which often aligned with racial attitudes during colonisation. The doctrine of discovery, rooted in papal bulls like Inter Caetera, assumed that non-Christian lands were available for Christian conquest and colonisation, implying that Christian (European) civilisation was superior and had a right to dominate others. This ideology was evident in practices like the Requerimiento, a document read to Native Americans before conquest, stating that if they did not accept Christianity and submit to Spanish rule, they would be attacked and their property taken.

The Christian clergy's relationship with slavery is multifaceted. In the early Church, slavery was accepted as a fact of life, with some Church fathers owning slaves, though there were calls for better treatment and manumission. During the colonial period, particularly in the Americas, many clergy members owned slaves and supported the institution. Papal bulls like Dum Diversas and Romanus Pontifex authorised the reduction of non-Christians to perpetual slavery, providing a legal basis for enslavement. Some clergy used scriptural justifications, such as the Curse of Ham, misinterpreted to argue that Africans were destined to be slaves.

Tractate Sanhedrin is the chief repository of the criminal law of the Talmud. Folio 77 contains discussions related to criminal law and the legal responsibilities of individuals in various scenarios. A statement attributed to Raba: "If one bound his neighbour and he dies of starvation, he is not liable". The footnote accompanying Raba's statement explains: "This is similar: he did not kill him but indirectly caused his death". The statement attributed to Raba is that one is not liable for the death of a neighbour bound and left to starve, due to the indirect nature of the causation. The distinction between direct and indirect causation.

This incorrect interpretation of indirect causation is against the principles of natural justice, and it may not reflect in current judicial systems, but it still influences the workings of secret societies, deep state and organised criminal gangs that commit cybercrimes, human trafficking, money laundering and spreading pornographic content through websites and magazines, etc.

Understanding the philosophy and background is important for us to understand how the constitutions evolved and what was the need to borrow those concepts in the context of India. It would not be incorrect to say that the Bible formed the bedrock of European Civilisation. The West has traditionally followed the book, whether it was the Bible for Christians, Torah for the Jews or the Quran for the Muslims. These religious books and schools have been used as repositories of knowledge. These religious books not only contain information on the origin and purpose of humans, their relationship with respect to the environment, and social customs, but also contain judicial and political aspects.