CONSTITUTION OF SWITZERLAND - PART I

Dr, KaushikMitra

Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.

Constitution of Switzerland

MAIN HIGHLIGHTS OF THE CONSTITUTION OF SWITZERLAND

 1. The Preamble:

The Swiss Constitution opens with a Preamble which begins by the words, In the name of God Almighty, We, the Swiss people and Cantons…… “It expresses the firm belief to renew the alliance, to strengthen liberty and democracy, independence and peace in solidarity, and openness towards the world. It expresses the determination of the Swiss people and Cantons to live thier diversity in unity, respecting one another.”

Further, it records that the Swiss people and Cantons adopt the Constitution with full consciousness of their common achievements and responsibility towards future generations.

It affirms faith in two fundamental guiding principles. “Only those remain free who use their freedom”, and “The strength of a people is measured by the welfare of the weakest of its members.”

The Preamble records a firm faith in sovereignty of the people and the Cantons and makes a firm resolve to maintain and strengthen Switzerland. It declares that the Swiss (Swiss Federation) stands organised on the principle of “Unity in diversity” and is committed to secure freedom and welfare for all the people, particularly for the weakest members of the Switzerland.

2.A Written, Enacted and Adopted Constitution:

The Swiss Constitution is a written and enacted constitution. It was drafted by a committee of the Swiss Parliament in 1848 and was approved by the Parliament, the Cantons and the people of Switzerland. In a similar way it was totally revised in 1874. This Constitution operated till 1999.

In 1999, the Swiss Constitution was again totally revised. The totally revised draft was adopted by the Swiss Parliament on 18 December 1998, and approved by the people and the Cantons on 18th April 1999. A decree for the implementation of the new constitution was issued by the Swiss Parliament on 28 September 1999. The new totally revised constitution came into operation w.e.f.     1 January 2000.

The Swiss Constitution has now 196 Articles.

These have been classified into six titles and each of which contains several Chapters. Title 1 contains General Provisions, Title 2- Basic Civil and Social Rights, Title 3. Federation Cantons and Municipalities, Title 4- People and Cantons, Title 5- Federal Authorities, and Title 6- Revision of the Federal Constitution and Temporary Provisions.

Title 1 has six Articles (1 to 6), Title 2 has 35 Articles (Article 7 to 41), Title 3 has 94 Articles (Article 42 to 135), Title 4 has 48 Articles (Articles 143 to 191) and Title 6 has 5 Articles (Article 192 to 196). The new constitution of Switzerland is a more detailed Constitution. It has 196 Articles while the 1874 Constitution had only 123 Articles. It now contains a detailed Bill of Basic Rights of the people and a more detailed description of Federal powers and Federal-Cantonal Relations.

When compared with the Constitution of the U.S.A., we find it a very lengthy constitution. But when we compare it with the Indian Constitution, we find it relatively brief. Like the American Constitution, it has provisions for the governmental system of the Swiss Federation and allows each Canton to have its own constitution within the parameters of Republicanism.

It is now a very detailed constitution because it contains a detailed Chapter on Bill of Rights and enlists such minor topics as fishing, hunting, gambling, lotteries, qualification for certain professions, sickness and several other such topics. In many other countries, these matters are never mentioned in their constitutions.

Explaining the reason behind the inclusion of such topics in the Swiss Constitution R.C. Brooks writes, “it represents a compromise between the advocates of Cantonal rights and those in favour of a strong federal government and, therefore tries to anticipate and prevent causes of internal friction and possibility of civil strife.”

The Swiss constitution is a duly ratified constitution. It was approved by the Swiss people and Cantons in 1848, 1874 and 1999.

3. A Rigid Constitution: 

This Swiss Constitution is a rigid constitution. The process of amendment is specific and complicated. A proposal for a total or partial amendment of the constitution can come either from the Swiss Federal Parliament or through an Initiative sponsored by at least 1,00,000 voters.

In either case, the proposal becomes a part of the constitution only when it is approved in a Referendum by a majority of Swiss voters as well as by a majority of the Cantons. The procedure of amendment of the Swiss constitution is, by all standards, a rigid one. The total revision of the Constitution in 1999 incorporated all the previous amendments in it.

TO BE CONTINUED...............