DEFINITION OF CONSTITUTION AND ITS CLASSIFICATIONS

This article is written by Bhumi Reddy Vanaja of BA LLB of 4^th Year of  Sri Padmavati Mahila Viswa Vidyalayam, Tirupati,  an Intern under Legal Vidhiya

ABSTRACT

A nation’s government is established by the fundamental legal instrument known as its Constitution. It lays out citizens’ fundamental rights as well as their fundamental beliefs, powers, and organization of the government. The state is not created by the constitution, rather, it is the external expression of state existence. As a result, every state has a constitution in the sense that it is based on a set of guiding principles that determine its existence and form of government. If this were not the case, there would be chaos in place of a political structure. The state constitution may occasionally be drafted in a single document or a collection of documents. It can occasionally be found in a set of established laws, precepts, and customs that control how the nation is run and its authority is applied.  A constitution typically specifies how an entity is to be governed and is the culmination of the core values or established precedents that form the basis of a polity, organization, or other sort of institution’s legal system. The meaning of a constitution and its different classifications are briefly summarized in this abstract. A just and stable society is guaranteed by the constitution, which acts as the ultimate law of the state. Constitutions are categorized according to their features, structure, and degree of flexibility. This results in different kinds of constitutions, such as written and unwritten, rigid and flexible, unitary and federal, and codified and uncodified. 

KEYWORDS

Historical Background, Definition, Functions of the Constitution, Characteristics of a Strong Constitution, Classification of the Constitution.

INTRODUCTION

A state’s constitution serves as its rule book. It lays forth the core values that guide state governance.  It outlines the primary governmental institutions and clarifies their interrelationships, such as those between the legislative, executive, and judicial branches^[1].  It lays out citizens’ fundamental rights and responsibilities and restricts the use of force. It serves as a monitor over government actions and a guide for governance, protecting citizens’ rights. In order to anticipate a democracy from degenerating into a dictatorship or an authoritarian form of government, it assigns authority to different authorities and reassigns the powers accordingly. Constitutions can be written, unwritten, or a hybrid of the two. Written constitutions are the norm. In a supreme law that cannot be unilaterally changed by ordinary legislative action, the vast majority of contemporary constitutions lay out the fundamental rights of individuals, the institutions and processes of government, and the essential tenets of the state. Constitutions relate to various organizational levels, ranging from corporations and unincorporated societies to sovereign nations. An international organization’s constitution is defined by the treaty that created it, as it outlines the organization’s composition. States have constitutions that outline the guiding ideas of their governments as well as the process and people involved in making legislation. Certain constitutions, particularly those that are codified, serve as restraints on the authority of the state by drawing boundaries that its leaders are not allowed to violate, such those pertaining to fundamental rights. Constitutional amendments usually need a super majority or unanimity. This superior legislation is commonly referred to as the Constitution. Every constitution in the world has as its primary goals the well-being of the populace and the efficient administration of the state. But as technology and times have advanced, the Constitution is also required and it must be updated to reflect these changes.

HISTORICAL BACKGROUND

It is a complicated and multidimensional history of the Constitution. From Sumer and Egypt come some of the oldest known written legal codes and governmental systems. An increasingly formal Constitution was made possible by its codified laws and codes. Some of the first democratic procedures and codified laws were also established by the ancient Greek city states, such as Sparta and Athens. Written and oral customs and laws were included in the “Res Publica,” the Roman Republic’s constitution. One of the oldest constitutional papers is thought to be England’s Magna Carta (1215). Following the Glorious Revolution of 1688, the English Bill of Rights was established by the legislative government and placed restrictions on the monarchy’s powers.^[2]

One of the modern constitutions is the one found in India. During the British Raj, it had its origins.  The Indian Constitution of today was made possible by a number of charter actions passed at that time by the sovereign and business. The Indian Constitution, which is currently one of the world’s largest written constitutions, was inspired by other constitutions, including those of Germany, the United States, Canada, and Africa.^[3]

Certain rights that uphold an individual’s freedom and dignity are granted under the Indian Constitution. Justice, liberty, equality, and fraternity. The fundamental principles enshrined in our Constitution have been the subject of such rulings in a number of instances.

WHAT IS CONSTITUTION?

The term ‘Constitution’ is derived from the Latin term ‘constitute’ which means “to establish”.^[4]

• The definition of a constitution is a set of accepted guidelines and norms that specify how authority is granted and how it is to be used to govern a nation. It also creates the fundamental laws or framework of the country. By doing this, it limits and checks the acts of common persons as well as those of the government. The rights, obligations, and duties of citizens are also outlined in the constitution.^[5]

 DEFINITION

 Aristotle:- “ the constitution is the way in which citizens who are the component parts of the state are  arranged in relation to one another”.

Woolsey:-According to Woolsey, a constitution is “the Collection of Principles” that regulates the government’s rights, powers, and interactions with the people.

George Cornewell Lewis:– The constitution, according to George Cornewell Lewis, is the “distribution of Sovereign power in the Community or the form of the government.”

Austin:- The constitution is defined by Austin as “that it fixes the structure of the supreme government.”

According to the definitions given above, the constitution is: –

• The fundamental law of the land may be written or unwritten.
• Discusses the structure and authority of the government.
• Focuses on citizens’ rights.
• Addresses the relationship that exists between the governed and the government.
• It is the highest law of the land, and each of its constituents must abide by it.^[6]

FUNCTIONS OF THE CONSTITUTION

1. The Constitution is the official document that lays forth the laws and guidelines by which the nation is governed.  It creates a framework based on the rule of law, meaning that the government will operate in accordance with established standards and laws rather than the whims and caprices of a ruler. The Constitution lays out the fundamental guidelines for cooperation and governance among society’s constituents.
2. The Constitution highlights a nation’s political structure and specifies its political system.  For example, India is proclaimed to be a democratic republic in the Indian Constitution. It also describes and assigns authority to the three branches of government and clarifies Parliament’s function as a legislative body.
3. Most significantly, the document grants people certain political rights and ensures their freedom, equality, and fairness in society. The Constitution establishes the boundaries of the government in this manner. Take the chapter on fundamental rights, for instance.  By recognizing the rights of minorities, the Constitution also guards against the tyranny of the majority. ^[7]
4. In addition to being a legal document, a constitution also has socio economic significance since it sets forth the goals and objectives of the community that direct our political leadership.  We can use the instructions or directives to be kept in mind when drafting policies in order to create a just society, as an example of the directive principles of state policy.
5. Additionally, the constitution bestows upon the populace a fundamental sense of identity. It forms the foundation for moral identity by mirroring societal goals and ambitions as well as political identity by outlining conventions, processes, and rights. ^[8]

CHARACTERISTICS OF A STRONG CONSTITUTION

• Independent Judiciary :

The independence of the judiciary is yet another essential component of a strong constitution. The court ought to operate impartially and fearlessly in its role as the people’s protector of fundamental rights.

• Fundamental Rights:

The people’s fundamental rights must be included in a strong constitution. Such a declaration has been included in the constitutions of nations such as America, Japan, China, Russia, and India.

• Directive principles of state policy:

The Directive Principles of the State should be mentioned in a decent constitution since they facilitate the creation of a welfare state. These ideas are advantageous to the government as well.

• Clarity or definiteness:

The Constitution should be worded in plain language for each and every clause. It should be unambiguous in its expression of meaning and leave no room for misunderstanding.

• Briefness (brevity):

Long constitutions should not be written. Only significant information should be included. Irrelevant information should be omitted. However, the shortness shouldn’t cause a vacuum in the Constitution that leaves some things unclear.

• Rule of law:

The rule of law is upheld by a strong constitution, which guarantees that everyone is subject to the law and answerable to it, including public authorities. This upholds justice and fairness by preventing the arbitrary use of authority.

• Amendment Process:

A strong constitution has a precise procedure for changing its provisions. Although having a mechanism for change is necessary, it shouldn’t be too easy or too hard to stop instability or frequent changes.^[9]

CLASSIFICATION OF CONSTITUTION

Constitutions can be classified into different categories based on their form, source, and degree of flexibility. Certain constitutions may have features from more than one categorization; these classifications are also impacted by the national legal, political, and historical environments. The following are some typical categories for constitutions:^[10]

In the light of Codification, it is divided into two types:-

• Written Constitution
• Unwritten Constitution

On the basis of the nature of the constitution (amendment), it is classified into:-

• Flexible constitution
• Rigid constitution

On the basis of the nature of power distribution, it is classified into:-

• Unitary constitution
• Federal constitution

On the basis of type of government, it is classified into:-

• Parliamentary constitution
• Presidential constitution

On the basis of head of state, it is classified into:-

• Monarchical constitution
• Republican constitution

Written constitution

The word “written constitution” describes a type of constitution in which the laws governing the entire system, the nature of the constitutional arrangement, and the rights and obligations of the government and citizens are all contained in a formal, legal book or collection of documents bound together as a book. It lays out the main government bodies and organs in concrete terms. The Written Constitution was carefully drafted, duly approved, and put into effect following careful examination of the circumstances surrounding the nation. An appointed special body drafts and ratifies the constitution in order to bring it into effect. The government’s institutions, power structures, roles, connections, dominance, etc. are all properly outlined in the constitution. Moreover, the government must operate in accordance with and respect the terms of the constitutions.

In comparison to conventional law, a written constitution is more advantageous since it is more difficult to modify and provides supremacy in the event of a conflict between two of its rules. On the other hand, changes to the written constitution may be made in accordance with the specific guidelines outlined within it.Every legislation is expressed in writing in a written constitution, making it accessible to everybody at any time. Confusion and anarchy are avoided by explicitly defining the roles, responsibilities, and structures of the various bodies.^[11]

The earliest written constitution is that of the United States of America. September 17, 1787 saw its writing, June 21, 1788 saw its approval, and March 4, 1789 saw its signing. The document that was used as a template for the US Constitution was authored by James Madison. As one of the Founding Fathers of America, he is revered.^[12]

The best example of a written constitution is the Indian Constitution, which was proclaimed on January 26, 1950.

Merits:

• A written constitution provides stability and direction in difficult periods. It works better in an emergency situation.
• Written constitutions are better for federal governments because they isolate the powers of the federal government from state governments.
• There’s no room for doubt.

Demerits:

• Written Constitutions are difficult to Amend.
• The judiciary is very conservative when it comes to written constitutions, and interpretations serve only to determine whether or not a statute complies with the constitution. This could choke off a country that needs to adapt to the changing circumstances.
• Sometimes it gets overly detailed, which results in legal legerdemain.

Unwritten Constitution

An “unwritten constitution” is one in which the country’s core laws, judicial rulings, and regulations are not methodically contained in a single written document. But as formal and legal enactments and instruments such as certificates, bonds, deeds, contracts, acts, writs, process, will, etc.as well as customs, precedents, and court decisions define them. As a result of constant application and practice, the laws develop and are incorporated into the constitution.To put it another way, the unwritten constitution is the one that the constituent assembly does not properly create or enact. Therefore, it doesn’t imply that nothing is written; rather, it indicates that it isn’t contained in a single book or legal document. Furthermore, the constitution’s enactment is not the responsibility of a certain organization.Reading explanations provided by committees, experts, or the judiciary can assist one to comprehend the articles of the constitution. You can learn more about it from old charters, statutes, and other documents. The government is organized and operates in accordance with predetermined and well-established laws. Additionally, all of the nation’s citizens abide by these regulations.

 It is believed that the world’s first unwritten constitution is found in the Magna Carta. A Bill of Rights for Nobles was signed into law by King John of England on June 15, 1215. It promised to protect the rights of the nobility from interference by the crown. The unwritten Constitution of the United Kingdom later developed from the Magna Carta.^[13]

Merits:

• They adapt to changing circumstances quite easily.
• The fundamental structure of the unwritten constitution remains unaffected by revisions. This is helpful, particularly in the event of unanticipated circumstances.
• No pre-documented constitutional law has any limitations.

Demerits:

• Unwritten Constitutions are able to be influenced by political groups.
• They are inherently vague and unclear.
• Unwritten Constitutions are Unfit for a federal state.

Flexible Constitution

A constitution that is easily amendable is said to be flexible. The same procedures used to pass regular laws also apply to amending the constitution.

For instance, the British Constitution is a prime illustration of a very adaptable constitution. The British Parliament is an independent body that has the power to enact any legislation, including constitutional amendments, with a simple majority. Laws seeking to amend any regular law or a constitutional law are passed by the legislature using the same process, which calls for a simple majority of votes.^[14]

Merits:

• Federal Constitutions Accepts modifications in a normal way
• Federal Constitutions are Adaptable because of the simple process of amending
• They are Straightforward in character
•  It upholds the stability of politics.

Demerits:

• Federal constitutions are unstable in nature.
• They could be ambiguous or undemocratic
• It may contribute to inequality

Rigid Constitution

It is difficult to change the Rigid Constitution. To alter it, a measure must be passed by the legislature with a particular two-third or three-quarter majority. A simple majority of the legislature’s members are often required to approve or alter an ordinary law. The most fundamental legislation of the land is seen as being a strict constitution. As the fundamental desire of the sovereign people, it is recognized. It can therefore only be changed through a unique process that necessitates the request for an amendment to be approved by a clear majority of votes, usually followed by a popular referendum to ratify the changes.

For example, the United States of America Constitution.^[15]

Merits:

• rigid constitutions have clarity and stability.
• Its command for political stability is respected by individuals.
•  It safeguards minorities.

Demerits:

• It’s challenging to handle emergencies or people’s problems
• They are stern in character.
• They have the possibility of totalitarianism.

Unitary Constitution

A unitary system has a single legislature established by the constitution and is governed by a single unit. There is top-down authority. The central government, which has ultimate authority, has granted the sub-national units, or administrative divisions, the authority to exercise just those functions.

One illustration of a unitary system is the UK.^[16]

Merits:

• The unitary Constitution is steady in character.
• It takes decisions quickly
• It grants a single citizenship
• Unitary Constitution has Powerful diplomacy

Demerits:

• It is unfit for a large state.
• An unstable central administration might hurt the entire nation.
• It is less beneficial to development.

Federal Constitution

There are two tiers of government, consisting of federal and regional entities, each with certain duties and authorities.Establishes a federal government with distinct authorities allocated based on subordination and coordination between federal and regional domains. It is rigorous and written, requiring a drawn-out process for modification affirms the judiciary’s supremacy.

The example of the Federal Constitution is the U.S.A.^[17]

Merits:

• It is more democratic and stable because it adheres to the check and balance principle.
• It is fit for large states
• It Safeguarding and advancing regional customs and traditions.

Demerits:

• The Federal Constitution is expensive in character
• There could be disputes between the federal, provincial, and local governments.
• Federal Constitutions is unfit for a small state

Parliamentary Constitution

Parliamentary constitutions are those that grant the leader of the house actual executiveauthority.Under this kind of constitution, the executive and the government answer to the parliament, and a vote of confidence is essential to keeping the government or the executive branch from collapsing.The head of state and the head of government make up the two primary categories of the head of executive.The president or king, as the head of state, essentially has titular authority.

Such constitutions are followed by nations including Australia, India, Japan, and the United Kingdom.^[18]

Merits:

• Administered by the people’s representatives.
• Its nature is adaptable.
• It keeps the legislature and the executive in good standing.
• There is no possibility of a dictatorship

Demerits:

• The parliamentary Constitution does not guarantee stable government.
• It is opposed to separation of powers.
• It has unlimited powers.

Presidential Constitution

Presidential constitutions are those that grant the president the actual authority to make decisions. The president, who is chosen directly by the electorate, is the legitimate head of state. It is the head of the state and the head of the government.

The presidential constitution is followed by nations like the USA, Brazil, Iran, etc.^[19]

Merits:

• In the presidential constitution, three branches of the government are independent from each other.
• It has a stable administration.
• There is no influence of political parties on the presidential constitution.

Demerits:

• It might encourage autocracy.
• It is anti-democratic in nature.
• In the presidential constitution, there is a lack of flexibility.

Monarchical Constitution

A nation governed by a king whose authority is constrained by a constitution is known as a constitutional monarchy.Either as the Defact head of state or as a merely ceremonial ruler, the monarch.The parliament or another legislative body, along with the monarch, jointly holds the power.

For example, the UK, Japan, Canada, Sweden, Belgium, the Netherlands, Cambodia, and Thailand.^[20]

Merits:

• It is more affordable
• There is stability in politics
• It preserves national unity

Demerits:

• A monarch might not be answerable to the people, which could result in a dictatorship.
• In a Monarchical Constitution, there is a lack of reciprocity between the people and the king
• It is non-democratic in character. no freedom of expression, of choice, etc.

Republican Constitution

A republican constitution is one in which the state leader is chosen through an electoral process.Basically, the winner gets to participate for a set amount of time once the head of state and the other members of the government are elected.Citizens have the reins of sovereignty in it.

The constitutions of nations like Nepal, India, the USA, Germany, Pakistan, etc. are Republicans.^[21]

Merits:

• Participation and selection of the people in government
• Democratic in orientation and responsible governance
• Lawfulness, authority separation, accountability of the government, and representation of the people

Demerits:

• It is more expensive
• It may encourage instability or political turmoil
• It may not be appropriate for minorities.

CONCLUSION

No matter if a constitution is written or unwritten, flexible or rigid, republican or parliamentary, presidential or monarchical, or codified or unjustified, they are all unique. Furthermore, their roots are in different historical contexts that have given rise to different issues and, with it, different objectives. All constitutional protections against abuse of power, promotion of the separation of powers, enforcement of the law, and a suitable system of checks and balances to guarantee governmental control are included. A state’s constitution functions as the parent document for all laws and regulations, regardless of their form or structure. It provides citizens with a foundation of rights and responsibilities. A nation’s constitution is a fundamental and final legal instrument that serves as the cornerstone of its governance. It lays out the foundations of the nation’s legal and political systems as well as the rights and responsibilities of its citizens. It also establishes the composition and duties of the government. The last prerequisite for a successful constitution is that it must reflect the real circumstances of the state. Legal distribution of sovereignty ought to come after actual political power. That is, the political and legal sovereigns ought to coexist. Otherwise, revolutionis always a possibility.

REFERENCES

1. LEGAL PAATH SHALA, https://legalpaathshala.com/definition-of-constitution-and-its-classification
2. Dukedom,  https://edukemy.com/blog/meaning-function-and-types-of-constitution-indian-polity-Notes/
3. https://prepp.in/news/e-492-written-and-unwritten-constitution-indian-polity-notes
4. Law Bhoomi,  https://lawbhoomi.com/what-is-a-rigid-constitution/
5. https://byjus.com/free-ias-Prep/presidential-and-parliamentary-form-of-government/
6. https://www.britannica.com/topic/constitutional-monarchy
7. M.P. JAIN, Indian Constitutional Law 8^th edition 2018.
8. D.M.BHAKSI, The Constitution of India 18^th edition 2022.

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[21] https://constitutionalcommentary.lib.umn.edu/article/republican-constitutionalism/ visited on 11-04-2024.

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