Table of Contents
Types of Constitutions – An In-depth Analysis (For UPSC)
A Constitution is the supreme legal document of a country that defines the structure, functions, and powers of the government and the rights of citizens. Constitutions vary across the world based on their origin, structure, flexibility, and governance model.
Understanding these classifications is crucial for UPSC aspirants, especially for topics in Indian Polity (GS Paper 2).
📘 Classification of Constitutions: A Comparative Overview
A Constitution can be classified based on its form, content, and amendment process. Understanding these categories helps to analyze how different countries structure their governance.
| Type | Characteristics | Examples |
|---|---|---|
| Evolved | Gradually developed from customs, conventions, and judgments | UK |
| Enacted | Deliberately made by Constituent Assembly/ constitutional council/ or promulgated by a king or parliament in a book. Aka – conventional constitution | India, USA |
| Written | Codified in a single legal document | India, USA |
| Unwritten | Based on customs, conventions, statutes | UK, New Zealand |
| Rigid | Requires special procedure to amend | USA, India (Article 368) |
| Flexible | Can be amended like ordinary laws | UK, New Zealand |
| Federal | Power is divided between centre and states | India, USA, Australia |
| Unitary | Centralized power structure | UK, China |
| Parliamentary | Executive is responsible to legislature | India, UK |
| Presidential | Executive is independent of legislature | USA, Brazil |
| Republican | Elected Head of State | India, France |
| Monarchical | Head of State is a hereditary monarch | UK, Saudi Arabia |
| Indigenous | Framed internally through people’s participation | India, USA |
| Imposed | Drafted or enforced by external authorities | Japan (1947), Iraq (2005) |
🗂️ 1. Written vs. Unwritten Constitution
Written Constitution
A written constitution is a formal, single legal document that codifies the structure of the government, rights of citizens, and guiding legal principles.
Features:
- Written constitutions ensure legal certainty and structure.
- Clearly defined legal framework.
- More rigid—requires special procedures for amendment.
- Comprehensive and detailed.
Examples:
- India (1950) – World’s lengthiest written constitution with 448 Articles.
- USA (1787) – Oldest written constitution.
- France (1958) – Fifth Republic Constitution.
Unwritten Constitution
Based on customs, conventions, judicial decisions, and statutes instead of a single codified document.
Features:
- Unwritten constitutions allow adaptability but can lead to ambiguity.
- Flexible—can evolve with societal needs.
- Relies heavily on precedents and conventions.
- Provides adaptability but lacks legal certainty.
Examples:
- United Kingdom – Derived from Magna Carta (1215), judicial decisions, and conventions.
- New Zealand – Based on statutes and common law without a singular written document.
- Israel
Note – this is also written but not in a single codified documents, means laws can be written in many small rule books.
🔁 2. Rigid vs. Flexible Constitution
Rigid Constitution
A constitution that requires a complex procedure (e.g., special majorities, referendums) to amend or change its provisions.
Features:
- Difficult to modify – protects fundamental rights and core values.
- Judiciary plays a vital role in interpretation and protection.
- Rigid constitutions provide stability but can become outdated.
Examples:
- USA – Requires 2/3rd approval in both Houses and ratification by 3/4th states for amendment.
- India – Article 368 mandates special majority and State approval for certain provisions.
Case Study:
- Kesavananda Bharati Case (1973) upheld the Basic Structure Doctrine, preventing Parliament from altering the core principles of the Indian Constitution.
Flexible Constitution
A constitution that can be easily amended through an ordinary legislative process without special procedures.
Features:
- Adaptable to changing societal needs.
- No clear distinction between constitutional laws and ordinary laws.
- Flexible constitutions evolve quickly but may lack consistency.
Examples:
- United Kingdom – Parliament can amend any constitutional provisions like Human Rights by simple majority.
- New Zealand – Can alter its constitutional framework through a simple legislative process.
🧠 Concept by Lord James Bryce:
| Rigid Constitution | Flexible Constitution |
|---|---|
| “Inelastic”, clear separation of constitutional and ordinary law | “Elastic”, no distinction between constitutional and ordinary law |
| Requires specialized amendment procedures | Amendments through ordinary law |
🏛️ 3. Federal vs. Unitary Constitution
Federal Constitution
A constitution that divides powers between the central and state governments, each functioning independently.
Features:
- Dual government – Union and State levels.
- Supremacy of Constitution – Both levels derive power from a common constitution.
- Independent Judiciary – Arbitrates disputes between levels of government.
- Bicameral Legislature – Usually consists of two houses (e.g., Lok Sabha and Rajya Sabha in India).
- Federal systems protect regional interests but may lead to power struggles.
Examples:
- India – Though federal, it has unitary features like Emergency Powers (Article 352).
- USA – Strong federalism with clear separation of powers between Federal and State governments.
- Australia – Federal democracy under the Commonwealth Constitution.
Unitary Constitution
Concentrates all powers in a central authority; local governments operate as extensions of the center.
Features:
- Centralized power – Local authorities exist at the will of the center.
- Single Legislature – Unicameral in many cases.
- Uniform laws – Nationwide application without regional variation.
- Unitary systems ensure uniform governance but may centralise power excessively.
Examples:
- United Kingdom – Power resides in Westminster Parliament; Scotland and Wales have delegated powers.
- China – Highly centralized governance with no federal structure.
👑 4. Monarchical vs. Republican Constitution
Monarchical
A constitution where executive power is vested in a hereditary monarch.
Features:
- Symbolic or real authority – Monarch may be a figurehead (Constitutional Monarchy) or wield actual power (Absolute Monarchy).
- Citizens do not elect the Head of State.
- Monarchies provide stability but lack democratic accountability.
Examples:
- United Kingdom – Constitutional monarchy under the British Crown.
- Saudi Arabia – Absolute monarchy where the King has supreme authority.
Republican
The Head of State is an elected representative and not hereditary.
Features:
- Democratic values – People hold sovereign power.
- Periodic elections – Head of State chosen through democratic processes.
- Any citizen can hold highest position in the country
- Republics empower citizens but may face political instability.
Examples:
- India – President is the elected Head of State (Article 52).
- USA – President elected via Electoral College.
🏛️ 5. Parliamentary vs. Presidential Constitution
Parliamentary System
The executive is responsible to the legislature and derives its authority from it.
Features:
- Collective Responsibility – Executive is answerable to Parliament (Article 75 in India).
- Fusion of Powers – Executive and Legislature are interlinked.
- Head of State ≠ Head of Government – Dual leadership (President and Prime Minister).
- Parliamentary systems ensure government accountability but may lead to instability.
Examples:
- India – Parliamentary system under Articles 74-75 (Union) and 163-164 (States).
- United Kingdom – Westminster model of governance.
Presidential System
The executive is independent of the legislature and is directly accountable to the people.
Features:
- Separation of Powers – Clear distinction between Executive, Legislature, Judiciary.
- Fixed Tenure – President serves a specific term.
- Single Leadership – The President is both Head of State and Head of Government.
- Presidential systems provide stability but risk authoritarianism.
Examples:
- USA – Strong Presidential system under the U.S. Constitution.
- Brazil – Presidential democracy with a directly elected President.
🌍 6. Indigenous vs. Imposed Constitution
Indigenous Constitution
Drafted and adopted by the people of a nation through internal processes.
- Indigenous constitutions are more accepted and stable.
Example:
- India – Drafted by the Constituent Assembly.
- USA – Drafted by founding fathers post-independence.
Imposed Constitution
Imposed by a foreign power or external authority without internal democratic participation.
- Imposed constitutions may lack legitimacy and require adjustments over time.
Example:
- Japan – Imposed by the Allied Powers after World War II.
- Iraq – Constitution shaped under U.S. supervision in 2005.
🇮🇳 Special Focus: The Indian Constitution
India’s Constitution is a hybrid—written, partly rigid and flexible, federal yet unitary, and parliamentary in character. Each type balances stability, adaptability, and public participation.
India’s Constitution is:
- Written: Codified with 448 Articles and 12 Schedules
- Enacted: Framed by a Constituent Assembly (1946–49)
- Partly Rigid, Partly Flexible: Article 368 allows for both types of amendments
- Federal with Unitary Bias: Emergency provisions centralise power
- Parliamentary and Republican: PM-led government and elected President
🔍 Basic Structure Doctrine – Originating from the Kesavananda Bharati Case (1973), this prevents Parliament from altering the foundational principles of the Constitution (e.g., Rule of Law, Separation of Powers, Federalism, Judicial Review).
📊 Comparative Matrix: India vs. USA vs. UK vs. China
| Feature | 🇮🇳 India | 🇺🇸 USA | 🇬🇧 UK | 🇨🇳 China |
|---|---|---|---|---|
| Constitution | Written | Written | Unwritten | Written |
| System | Parliamentary | Presidential | Parliamentary | One-Party |
| Amendment | Mixed (Rigid + Flexible) | Very Rigid | Very Flexible | Rigid |
| Federation | Quasi-federal | True federal | Unitary | Unitary |
| Judiciary | Active review | Strong review | Limited | Subordinate |
| Head of State | Elected President | Elected President | Monarch | Communist Party Leader |
📌 Overall Insights from Comparative Analysis
| Criteria | India | USA | UK | China |
|---|---|---|---|---|
| Type | Written, Rigid & Flexible, Federal with Unitary bias, Parliamentary, Republic | Written, Rigid, Federal, Presidential, Republic | Unwritten, Flexible, Unitary, Parliamentary, Monarchical | Written, Rigid, Unitary, Communist One-Party State |
| Judiciary | Strong judicial review, but Parliament can amend laws | Strongest judicial review (Supreme Court can strike down laws) | No strong judicial review (Parliament is supreme) | No judicial independence (Courts controlled by the Communist Party) |
| Amendments | Mix of rigid and flexible – Some provisions need special majority, others simple majority | Very rigid – Only 27 amendments since 1787 | Highly flexible – No special amendment process | Highly rigid – Communist Party controls law-making |
| Head of State | Elected President (symbolic) | Elected President (powerful) | Monarch (King/Queen) | Communist Leader (Xi Jinping) |
| Government Stability | Stable but coalitions create instability | Very stable | Stable but depends on Parliament | Highly stable but authoritarian |
🔍 Conclusion – Which System is the Best?
There is no perfect constitution—each system has advantages and drawbacks.
- For Stability → Presidential & Unitary systems work best.
- For Democracy & Accountability → Parliamentary & Republican systems are preferable.
- For Adaptability → Flexible & Unwritten systems provide quick changes.
- For Legal Clarity → Written & Rigid systems ensure legal certainty.
🔹 India’s Hybrid Model combines stability (federal structure), democracy (parliamentary system), and flexibility (amendment process), making it one of the most balanced constitutions in the world.
🧾 FAQs – UPSC-Focused
Q1. Is India’s Constitution rigid or flexible?
→ It is a mix of both. Some parts can be amended by a simple majority, others require a special procedure (Article 368).
Q2. What is the difference between federal and unitary constitutions?
→ In federal systems, powers are divided between centre and states. In unitary systems, power resides solely with the central government.
Q3. Why is the UK Constitution called unwritten?
→ Because it is not found in a single document but derived from conventions, judicial decisions, and statutes.
🟠 Mains Answer Writing:
Q. Discuss the classification of constitutions and critically evaluate where the Indian Constitution fits in this categorization. (250 words)