Constitution - Meaning, Types and Importance of Constitution

10/19/21, 5:56 PM Constitution: Meaning, Types and Importance of Constitution
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Constitution: Meaning, Types and

Importance of Constitution
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Constitution: Meaning, Types and Importance of Constitution!
Constitution is the supreme law of each State. It lays down rules regarding the
organisation, powers and functions of government. It also defines the basic
features of the State and the relation between the citizens and the State.
Constitution: Meaning and Definition:

In simple words, we can say a Constitution is the constitutional law of the
state. Constitutional law enjoys the position of being the supreme and
fundamental law of the state. It lays down the organisation and functions of the
government of state. The Government can use only those powers which the
Constitution grants to it. Privacy - Terms
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1. “Constitution is the collection of principles according to which the powers

of the government, the rights of the governed and the relations between the
two are adjusted. -Woolsey
2. “Constitution is a body of judicial rules which determine the supreme

organs of state, prescribes their modes of creation, their mutual relations, their
spheres of action and the fundamental place of each of them in relation to
state.” -Jellinek
3. ” Constitution of a state is that body of rules or laws, written or unwritten

which determine the organisation of government, the distribution of powers to
the various organs of government and the general principles on which these
powers are to be exercised.” -Gilchrist
On the basis of these definitions it can be said that the Constitution is the sum
total of the constitutional laws of the state.
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It lies down:
(1) Organisation and powers of the government;

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(2) Principles and rules governing the political process;
(3) Relations between the people and their government; and
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(4) Rights and duties of the people.
The government of state gets organised and works in accordance with the
provisions of the Constitution. People get their rights protected from the
constitution. No one, not even the government, can violate the Constitution.
Types of Constitution:
1. Written Constitution:
A written constitution means a constitution written in the form of a book or a

series of documents combined in the form of a book. It is a consciously framed
and enacted constitution. It is formulated and adopted by a constituent
assembly or a council or a legislature.
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Garner writes, “A written constitution is a consciously planned constitution,

formulated and adopted by deliberate actions of a constituent assembly or a Privacy - Terms
convention.” It provides for a definite design of government institutions, their

organisations, powers, functions and inter-relationships.
It embodies the constitutional law of the state. It enjoys the place of

supremacy. The government is fully bound by its provisions and works strictly
in accordance with its provisions. A written constitution can be amended only
in accordance with a settled process of amendment written in the constitution
itself. It is a duly passed and enacted Constitution. The Constitutions of India,
the USA, Germany, Japan, Canada, France, Switzerland and several other
states, are written constitutions.
2. Unwritten Constitution:
An unwritten constitution is one which is neither drafted nor enacted by a

Constituent Assembly and nor even written in the form of a book. It is found
in several historical charters, laws and conventions. It is a product of slow and
gradual evolution. The government is organised and it functions in accordance
with several well settled, but not wholly written rules and conventions. The
people know their Constitution. They accept and obey it, but do not possess it
in a written form. An unwritten constitution cannot be produced in the form of
a book.
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However, an unwritten constitution is not totally unwritten. Some of its parts

are available in written forms but these do not stand codified in the form of a
legal document or a code or a book. According to Garner, “an unwritten
constitution is one in which most and not all, rules are unwritten and these are
not found in any one charter or document.”
The Constitution of the United Kingdom is an unwritten constitution.
Difference between Written and Unwritten Constitutions:
(1) A written constitution is written in the form of a book or document,

whereas an unwritten constitution is not written in such a form.
(2) A written constitution is a made and enacted by a constituent assembly of

the people. An unwritten constitution is the result of a gradual process of
constitutional evolution. It is never written by any assembly.
(3) A written constitution is usually less flexible than an unwritten

constitution. An unwritten constitution depends mostly on unwritten rules or
conventions which do not require any formal amendment.
(4) A written constitution is definite. Its provisions can be quoted in support or

against any power exercised by the government. An unwritten constitution
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cannot be produced in evidence. It has to be proved by quoting its sources and

practices.
However, the difference between written and unwritten constitutions is not

organic. A written constitution has written parts in majority. Along with these,
it also has some unwritten parts in the form of conventions. In an unwritten
constitution, most of the parts are unwritten and are not written in the form of
a book. However some of its parts are also found written in some charters and
other documents.
3. Flexible Constitution:
A Flexible Constitution is one which can be easily amended. Several political

scientists advocate the view that a flexible constitution is one in which the
constitutional law can be amended in the same way as an ordinary law.
Constitutional amendments are passed in the same manner by which an
ordinary law is passed.
British Constitution presents a classic example of a most flexible constitution.

The British Parliament is a sovereign parliament which can make or amend
any law or constitutional law by a simple majority. Laws aiming to affect
changes in a constitutional law or in any ordinary law are passed through the
same legislative procedure i.e., by a simple majority of votes in the legislature. Privacy - Terms
Similarly, a Constitution is flexible when the procedure of amending it is

simple and the changes can be made easily.
(A) Merits of a Flexible Constitution:
(i) First, a major merit of the flexible constitution is its ability to change easily
in accordance with the changes in the social and political environment of the
society and state.
(ii) Secondly, it is very helpful in meeting emergencies because it can be easily

amended.
(iii) Thirdly, because of its dynamic nature, there are less opportunities for
revolt. The constitution has the ability to keep pace with the changing times.
The people do not feel the need for revolutionary changes.
(iv) Finally, since the flexible constitution keeps on developing with times, it
always continues to be popular and remains up-to-date.
(B) Demerits of a Flexible Constitution:
(i) First, a flexible constitution is often, a source of instability. Flexibility

enables the government in power to give it a desired dress and content.
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(ii) Secondly, it is not suitable for a federation. In a federation, a flexible

constitution can lead to undesirable changes in the constitution by the federal
government or by the governments of federating units.
4. Rigid Constitution:
The Rigid Constitution is one which cannot be easily amended. Its method of
amendment is difficult. For amending it, the legislature has to pass an
amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. For
passing or amending an ordinary law, the legislature usually passes the law by
a simple majority of its members.
A rigid constitution is considered to be the most fundamental law of the land.

It is regarded as the basic will of the sovereign people. That is why it can be
amended only by a special procedure requiring the passing of the amendment
proposal by a big majority of votes which is often followed by ratification by
the people in a referendum.
The Constitution of United States of America is a very rigid constitution.
(A) Merits of a Rigid Constitution:
(i) First, a rigid constitution is a source of stability in administration.

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(ii) Secondly, it maintains continuity in administration.
(iii) Thirdly, it cannot become a tool in the hands of the party exercising the
power of the state at a particular time.
(iv) Fourthly it prevents autocratic exercise of the powers by the government.
(v) Finally a rigid constitution is ideal for a federation.
(B) Demerits of a Rigid Constitution:
(i) First, the chief demerit of a rigid constitution is that it fails to keep pace
with fast changing social environment.
(ii) Secondly, because of its inability to change easily, at times, it hinders the
process of social development.
(iii) Thirdly, it can be a source of hindrance during emergencies.
(iv) Fourthly, its inability to easily change can lead to revolts against the
government.
(v) Fifthly, a rigid constitution can be a source of conservativeness. It can grow

becomes old very soon because it cannot Keep pace with times. Privacy - Terms
Thus, there are both merits and demerits of Flexible and Rigid Constitutions.
The decision whether a state should have a flexible or a rigid constitution,
should be taken on the basis of the needs and wishes of society. No hard and
fast rule can be laid down as to whether a state should have a flexible or a rigid
constitution.
In fact, a constitution must have both a certain degree of rigidity as well as an

ability to change for keeping pace with the changing times. An excessive
rigidity or excessive flexibility should be avoided. The Constitution of India is
partly rigid and partly flexible. In several respects, it is a rigid constitution but
in practice it has mostly worked as a flexible constitution.
5. Evolved Constitution:
An evolved constitution is one which is not made at any time by any assembly
of persons or an institution. It is the result of slow and gradual process of
evolution. Its rules and principles draw binding force from the fact of their
being recognised as ancient, historical, time-tested and respected customs and
conventions.
Some of these conventions get recognised by law and hence become

enforceable while others are followed because these are supported by public
opinion, their practical utility and moral commitment in their favour. Evolved Privacy - Terms
Constitutions is the product of historical evolution and of political needs and

practical wisdom of the people. The Constitution of Great Britain presents a
key example of an evolved constitution.
6. Enacted Constitution:
An Enacted Constitution is a man-made constitution. It is made, enacted and

adopted by an assembly or council called a Constituent Assembly or
Constitutional Council. It is duly passed after a thorough discussion over its
objectives, principles and provisions. It is written in the form of a book or as a
series of documents and in a systematic and formal manner. The Constitutions
of India the USA, Japan, China and most of other states are enacted
constitutions.
Qualities of a Good Constitution:
1. Constitution must be systematically written.
2. It should incorporate the constitutional law of the state and enjoy

supremacy.
3. It should have the ability to develop and change in accordance with the
changes in the environment and needs of the people.
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4. It should be neither unduly rigid nor unduly flexible.
5. It must provide for Fundamental Rights and Freedoms of the people.
6. It should clearly define the organisation, powers, functions inter-relations of

the government of the state and its three organs.
7. It must provide for the organisation of a representative, responsible, limited

and accountable government.
8. It must provide for:
(i) Rule of Law
(ii) De-centralisation of powers
(iii) Independent and powerful Judiciary
(iv) A system of Local self-government
(v) A Sound Method of Amendment of the Constitution
(vi) Process and Machinery for the conduct of free and elections
9. The Constitution must clearly reflect the sovereignty of the people. Privacy - Terms
10. The language of the constitution should be simple, clear and unambiguous
The Constitution must empower the judiciary with the power to interpret,
protect and defend the Constitution and the fundamental rights and freedoms
of the people against the possible legislative and executive excesses. These are
the basic features which must be present in every good Constitution.
Importance of Constitution:
Each state has a Constitution which lays down the organisation, powers and
functions of the Government of the State. The government always works
according to the Constitution, no law or order of the government can violate
the Constitution. Constitution is the supreme law and all government
institutions and members are bound by it.
Constitution enjoys supreme importance in the state because:
1. It reflects the sovereign will of the people.
2. It lies down of the aims, objectives, values and goals which the people want
to secure. .
3. It contains description and guarantee of the fundamental rights of the

people. Privacy - Terms
4. It gives a detailed account of the organisation of the government. The

organisation, powers and functions of its three organs of the and their inter-
relationship.
5. In a federation, the Constitution lays down the division of powers between

the central government and the governments of the federating states/provinces.
It is binding upon both the centre and the state governments.
6. It specifies the power and method of amendment of the Constitution.
7. It lays down the election system and political rights of people.
8. It provides for independence of judiciary and rule of law.
9. The constitution governs all and no one can violate its rules.
Every democratic Constitution guarantees to the citizens a protection against

arbitrary governmental actions. A democratic state, like India, has a written
and supreme constitution which binds all its people and their government.
Related Posts:
1. What are the merits and demerits of Unwritten Constitution?
2. What are the merits and demerits of Unwritten Constitution ?
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3. Essay on the Demerits of a Written Constitution
4. What is the Meaning and Importance of our Constitution?

5. Short essay on the Meaning and Importance of Constitution
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10/19/21, 5:56 PM Constitution: Meaning, Types and Importance of Constitution

Constitution: Meaning, Types and

Constitution: Meaning, Types and Importance of Constitution!

Constitution: Meaning and Definition:

1. “Constitution is the collection of principles according to which the powers

2. “Constitution is a body of judicial rules which determine the supreme

3. ” Constitution of a state is that body of rules or laws, written or unwritten

(1) Organisation and powers of the government;

(2) Principles and rules governing the political process;

(3) Relations between the people and their government; and

(4) Rights and duties of the people.

A written constitution means a constitution written in the form of a book or a

Garner writes, “A written constitution is a consciously planned constitution,

convention.” It provides for a definite design of government institutions, their

It embodies the constitutional law of the state. It enjoys the place of

An unwritten constitution is one which is neither drafted nor enacted by a

ADVERTISEMENTS: Privacy - Terms

However, an unwritten constitution is not totally unwritten. Some of its parts

The Constitution of the United Kingdom is an unwritten constitution.

Difference between Written and Unwritten Constitutions:

(1) A written constitution is written in the form of a book or document,

(2) A written constitution is a made and enacted by a constituent assembly of

(3) A written constitution is usually less flexible than an unwritten

(4) A written constitution is definite. Its provisions can be quoted in support or

cannot be produced in evidence. It has to be proved by quoting its sources and

However, the difference between written and unwritten constitutions is not

A Flexible Constitution is one which can be easily amended. Several political

British Constitution presents a classic example of a most flexible constitution.

Similarly, a Constitution is flexible when the procedure of amending it is

(A) Merits of a Flexible Constitution:

(ii) Secondly, it is very helpful in meeting emergencies because it can be easily

(B) Demerits of a Flexible Constitution:

(i) First, a flexible constitution is often, a source of instability. Flexibility

(ii) Secondly, it is not suitable for a federation. In a federation, a flexible

A rigid constitution is considered to be the most fundamental law of the land.

The Constitution of United States of America is a very rigid constitution.

(A) Merits of a Rigid Constitution:

(i) First, a rigid constitution is a source of stability in administration.

(ii) Secondly, it maintains continuity in administration.

(iv) Fourthly it prevents autocratic exercise of the powers by the government.

(v) Finally a rigid constitution is ideal for a federation.

(B) Demerits of a Rigid Constitution:

(iii) Thirdly, it can be a source of hindrance during emergencies.

(v) Fifthly, a rigid constitution can be a source of conservativeness. It can grow

In fact, a constitution must have both a certain degree of rigidity as well as an

Some of these conventions get recognised by law and hence become

Constitutions is the product of historical evolution and of political needs and

An Enacted Constitution is a man-made constitution. It is made, enacted and

Qualities of a Good Constitution:

1. Constitution must be systematically written.

2. It should incorporate the constitutional law of the state and enjoy

4. It should be neither unduly rigid nor unduly flexible.

5. It must provide for Fundamental Rights and Freedoms of the people.

6. It should clearly define the organisation, powers, functions inter-relations of

7. It must provide for the organisation of a representative, responsible, limited

8. It must provide for:

(i) Rule of Law

(ii) De-centralisation of powers

(iii) Independent and powerful Judiciary