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Concept of the Constitution Short Notes

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Concept of the Constitution

 

 

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Types of Constitutions:

On the Basis of Evolution:

    Evolved Constitutions:
    • The outcome of slow, gradual evolutionary processes.
    • Comprised of conventions, practices, principles, and judicial decisions.
    • Example: British Constitution.
    Enacted Constitutions:
    • Deliberately made by a constituent assembly or constitutional council, or promulgated by a king or parliament.
    • Contained in a document or series of documents.
    • Examples: American and Indian Constitutions.

On the Basis of Incorporation of Provisions:

    Written Constitutions:
    • Provisions incorporated in a book or document.
    • Known as documentary or codified constitutions.
    • Examples: USA, Canada, Japan, France, India.
    Unwritten Constitutions:
    • Comprised of conventions, practices, principles, charters, statutes, and judicial decisions.
    • Products of historical evolution, not deliberately formulated.
    • Examples: UK, New Zealand, Israel.

Based on the Method of Amendment:

    Flexible Constitutions:
    • Also known as elastic constitutions.
    • Easily amended.
    • Examples: UK, New Zealand.
    Rigid Constitutions:
    • Also known as inelastic constitutions.
    • Difficult to amend.
    • Examples: USA, Australia, Switzerland.
    Indian Constitution:
    • Synthesis of both rigid and flexible.

Based on the Nature of the Relationship between National and Regional Governments:

    Federal Constitutions:
    • Division of power between national and regional governments.
    • Independent operation within respective jurisdictions.
    • Examples: USA, Switzerland, Australia, Canada, Russia, Brazil.
    Unitary Constitutions:
    • Concentration of power in the national government.
    • Regional governments operate as subordinate agencies.
    • Examples: UK, France, Japan, China, Italy, Norway.
    Indian Constitution:
    • Contains both federal and unitary provisions.
    • Described as quasi-federal by K.C. Wheare.
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Functions of the Constitution:

Defining Boundaries:
  • Declares and defines the boundaries of the political community.
Nature and Authority:
  • Declares and defines the nature and authority of the political community.
National Identity and Values:
  • Expresses the identity and values of a national community.
Rights and Duties:
  • Declares and defines the rights and duties of citizens.
Regulating Political Institutions:
  • Establishes and regulates the political institutions of the community.
Power Distribution:
  • Divides or shares power between different layers of government or sub-state communities.
Religious Identity:
  • Declares the official religious identity of the state and demarcates relationships between sacred and secular authorities.
Commitment to Goals:
  • Commits states to particular social, economic, or developmental goals.
Reference: Indian Polity by M Laxmikanth
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