Home
Indian polity
POLITY-UPSC

Concept of the Constitution - Polity UPSC Notes

The word constitution comes from the Latin word constituere, meaning to establish or to set up. Specify how a government is organized and works.
Amith

Concept of the Constitution

Concept of the Constitution

1. Meaning of Constitution

  • Origin: The word constitution comes from the Latin word constituere, meaning to establish or to set up.

  • Current meaning: It is a set of principles that:

    • Specify how a government is organized and works.

    • Define the relationship between the government and the people (their rights and duties).

  • It is like a rulebook or manual that explains:

    • How a government should work

    • What powers the government has

    • What rights people have

    • How the government should treat its citizens

  • Also called:

    • Fundamental law of the land

    • Supreme law of the state

    • Basic law of the country

    • Instrument of the government

    • Rules of the state

    • Basic structure of the polity

    • Grundnorm (basic norm) of the country

Definitions by Experts

Expert Definition Summary
Gilchrist Constitution = body of rules determining govt organization, power distribution, and exercise of power.
"The constitution is a set of rules that decide how govt is organized and how powers are divided."
Gettell Constitution = fundamental principles determining state form, power distribution, govt functions, and govt-people relation.
"It includes how a state is formed, how powers are shared, and how govt connects with the people."
Wheare Constitution = whole system of government, rules that establish and regulate the government.
"It describes the entire system of government of a country."
Wade & Phillips Constitution = legal document setting framework & functions of govt organs and principles for their operation.
"It's a special document that sets the framework of government and the principles of its working."

2. Functions of a Constitution (Elliot Bulmer)

  1. Define boundaries of the political community (who belongs to the state). 🧠 Example: India's borders with Pakistan, China, etc.

  2. Define nature and authority of the political community (what kind of state it is). 

    Explains who has power and how they get it.
    🧠 Example: Power of the President, Parliament

  3. Express identity and values of the nation. Example: Liberty, equality, secularism in the Preamble

  4. Declare citizens’ rights and duties 🧠 Example: Right to Equality, Fundamental Duties

  5. Establish and regulate political institutions.🧠 Example: Creates govt bodies (like Legislature, Executive, Judiciary).

  6. Divide or share power among different government layers (federalism).

  7. Declare official religion and regulate sacred vs secular powers.

  8. Commit the state to social, economic, and developmental goals. Ex: goals like education, health, equality

3. Qualities (Characteristics) of a Good Constitution

Quality Explanation
Brevity Should be concise, without unnecessary details that cause confusion. 
Should be short and to the point
U.S. Constitution – very short
Clarity Should use simple, clear language for easy understanding. 
Easy to understand
India’s Constitution uses legal but clear terms
Definiteness Provisions must have clear, definite meanings to avoid ambiguous interpretations. 
Should not have vague meanings
Well-defined Fundamental Rights
Comprehensiveness Must clearly cover government powers and citizens’ rights and duties to avoid disputes. 
Should cover all important topics
Indian Constitution has 25+ parts
Suitability Should reflect the historical, social, cultural, economic, and political realities of the country. 
Should match the needs of the country
India’s Constitution suits its diversity
Stability Should be stable and not easily changed to maintain political order and citizens’ trust. 
Should not be easy to change
Amendment process in Article 368
Adaptability Should be flexible enough to change with new circumstances; a living document. 
Should be flexible for future changes
India’s Constitution has been amended 100+ times

Mains MCQs:

  • GS Paper 2: Discuss the importance of a written constitution in a democratic country.

  • GS Paper 2: What are the essential qualities of a good constitution? Explain with examples from the Indian Constitution.

  • GS Paper 2: “The Constitution of India is a living document.” Examine the statement in the context of constitutional amendments.

Classification of Constitutions

1. Evolved and Enacted Constitutions

Type Meaning Examples
Evolved Constitution Developed gradually over time through customs, conventions, judicial decisions, and practices. Not written in a single document. British Constitution
Enacted Constitution Deliberately created by a constituent assembly, parliament, or king and written down in a formal document. Indian Constitution, U.S. Constitution

  • Other names:

    • Evolved = Cumulative Constitution

    • Enacted = Conventional Constitution

2. Written and Unwritten Constitutions

Type Meaning Examples
Written Constitution Provisions are codified in a single document or series of documents; deliberately formulated. USA, India, Canada, Japan, France
Unwritten Constitution Not contained in a single document; based on conventions, practices, judicial decisions, and statutes. UK, New Zealand, Israel

  • Other names:

    • Written = Documentary or Codified Constitution

    • Unwritten = Non-documentary or Uncodified Constitution

  • Note:
    The distinction is similar to Evolved vs Enacted.

1. Written Constitution

  • Definition: A constitution that is contained in a single, formal document or a set of documents.

  • Example:

    • India: The Indian Constitution is a written document adopted by the Constituent Assembly in 1950.

    • USA: The US Constitution is a single written document adopted in 1787.

  • Features:

    • Clearly codified in one place.

    • Rigid and requires special procedures for amendment.

    • Provides detailed rules about government powers, citizens' rights, etc.

🔹 Unwritten Constitution – Easy Explanation

📘 What is it?

An Unwritten Constitution is not written in a single book or document.
Instead, it is based on:

  • Traditions

  • Customs

  • Conventions (practices followed over time)

  • Judicial decisions

  • Parliamentary laws

So, people and governments follow long-standing practices rather than one official document.

✅ Examples of Unwritten Constitution

  1. United Kingdom (UK) 🏰

    • The UK does not have a single written document called the "Constitution".

    • It follows centuries-old customs, judgments, and parliamentary acts.

    • For example:

      • The Prime Minister’s role is not written in any document. It evolved as a convention.

      • Rule of Law and Parliamentary Supremacy are followed as traditional principles.

  2. New Zealand and Israel

    • These countries also follow constitutional conventions and laws, but do not have a single written constitution like India or the USA.

❗️Important Point

Even if it is not written in one book, an unwritten constitution can still guide how a country is governed.

🔁 Quick Comparison

Feature Written Constitution Unwritten Constitution
Form Written in a single document Based on traditions & laws
Example India, USA UK, New Zealand
Origin Made by constituent assembly Evolved over time

3. Rigid and Flexible Constitutions (Lord James Bryce’s classification)

Type Meaning Examples
Rigid Constitution Requires special procedure for amendments; different from ordinary laws. USA, Australia, Switzerland
Flexible Constitution Can be amended like ordinary laws; no special procedure required. UK, New Zealand

  • Other names:

    • Rigid = Inelastic Constitution

    • Flexible = Elastic Constitution

  • India’s Constitution:
    Neither rigid nor flexible; it is a mix of both (some parts need special procedure, others don’t).

4. Federal and Unitary Constitutions

Type Meaning Examples
Federal Constitution Power divided between national and regional governments; both operate independently within their jurisdiction. USA, Switzerland, Australia, Canada, Russia, Brazil
Unitary Constitution Power concentrated in the national government; regional governments subordinate and dependent on it. UK, France, Japan, China, Italy

  • India’s Constitution:
    Called Quasi-Federal (both federal and unitary features) — described by K.C. Wheare.

5. Procedural and Prescriptive Constitutions (Elliot Bulmer’s classification)

Type Meaning
Procedural Constitution Defines the structure of government and legal limits to power; protects democratic processes and human rights.
Focuses on how the government should function — structure, rules, limits, rights, and checks & balances.
Ensures fair processes and protects democracy and rights.
Does not prescribe what goals the government should achieve — only how it should operate Example: US Constitution
Prescriptive Constitution In addition to structures, sets broad societal goals and values that the government should strive to achieve.
Goes beyond structure and rules — it also sets goals, values, and duties for the government.
Encourages the government to achieve social and economic development, equality, justice, etc 
Example: Indian Constitution 
Goals like free education, equal pay, health care

Summary Table

Classification Basis Types Key Difference Examples
Evolution Evolved vs Enacted Gradual development vs deliberate drafting UK (Evolved), India (Enacted)
Form Written vs Unwritten Codified document vs conventions & practices USA (Written), UK (Unwritten)
Amendment Procedure Rigid vs Flexible Special procedure vs normal law USA (Rigid), UK (Flexible)
Government Structure Federal vs Unitary Division vs concentration of power USA (Federal), UK (Unitary)
Purpose/Orientation Procedural vs Prescriptive Structure and limits vs societal goals -

Mains

  • GS Paper 2: Examine the federal nature of the Indian Constitution with examples.

  • GS Paper 2: Discuss the importance of having a written constitution in a democracy.

  • GS Paper 2: What are the differences between rigid and flexible constitutions? Explain with examples.

Constitutionalism and Constitutional Government

I. Meaning and Differences

  • Constitution vs Constitutionalism

    • A country may have a constitution but not constitutionalism.

      • Example: Dictatorship with a constitution, but ruler’s word is law → no constitutionalism.

      •  Example: No Constitutionalism

        • Country: North Korea

        • Fact: It has a written constitution.

        • Reality: The dictator’s word is final, even if it goes against the constitution.

        • Result: The constitution exists only on paper — not in practice → No constitutionalism.

    • Constitutionalism means the government’s power is limited by the constitution to prevent abuse.

    • Constitutionalism promotes limited government and rule of law, opposing arbitrary or authoritarian rule.

    • A constitutional government is essentially democratic and not arbitrary, even if power is given by the constitution.

    • ✅ Example: Constitutionalism

      • Country: India

      • Fact: Government powers are limited by the Constitution.

      • Courts: Can strike down any law that violates the Constitution.

      • Result: Rule of law, separation of powers → Yes to constitutionalism.

  • Key Points:

    1. Constitution exists as a document or rules.

    2. Constitutionalism ensures limitations on government power.

    3. Unlimited power leads to oppression; constitutionalism prevents this.

    4. Constitutionalism = limited, civilized government where rulers must obey laws.

II. Definitions by Scholars

Scholar Definition Summary
Friedrich Constitutionalism is a system of effective restraints on government; ensures fairness and government responsibility.
Roucek Means limited government; opposite of arbitrary rule; imposes constraints on rulers.
Wheare Government limited by constitutional rules, not by rulers’ personal desires; opposes arbitrary power.
Mbema Government where rulers are bound by rules limiting power; opposite of arbitrary rule.

III. Elements of Constitutionalism (Louis Henkin)

  1. Popular Sovereignty — Power lies with the people.

  2. Rule of Law — Everyone, including government, is subject to law.

  3. Democratic Government — Government is responsible and accountable to the people.

  4. Separation of Powers — Division of government into branches with checks and balances.

  5. Independent Judiciary — Courts are impartial and free from government influence.

  6. Civilian Control of the Military — Military is under civilian authority, preventing coups.

  7. Police Governed by Law and Judicial Control — Police powers regulated by laws and courts.

  8. Respect for Individual Rights — Protection of fundamental rights of citizens.

Summary Table

Aspect Explanation Importance
Constitution Written or unwritten document of government rules Basis of government structure
Constitutionalism Limited government, rule of law, checks on power Prevents tyranny, ensures democracy
Constitutional Government Government under the rule of law, accountable Protects citizens from arbitrary authority
Elements of Constitutionalism Popular sovereignty, rule of law, democracy, separation of powers, judiciary independence, etc. Core principles for functioning constitutional govt

Post a Comment