Athira .K.

Gopi
1st year B.Ed( Social Science)
College of Teacher Education
Thodupuzha
 INTRODUCTION
The term constitutions and constitutionalism enjoys a
high place in the study of political science. Constitutionalim
is a modern concept. It means a political order governed by
laws and regulations. It stands for the supreme position of
the law and not of the arbitrary will of the individuals. It
implies principles of nationalism, Democracy and limited
government. Constitutionalism also stands for the existence
of a constitution in the state. The word constitution is
derived from the Latin word 'constiture' which means 'to
establish'. A constitution may be said to be a collection of
principles according to which the power of government, the
rights of the governed and the relations between the two are
adjusted. It provides the institutional structure of the state.
 DEFINITIONS
1. Aristotle : "Constitution is the way in which
,citizens who are the component parts of the
state, are arranged in relation to one another
".
2. Dicey: "A constitution is all rules which
directly or indirectly affect the distribution or
the exercise of sovereign power in the state.
3. Leacock: " A constitution is the form of
government.
 Significance of the Constitution
1. The power of the government , rights of the people and the
relation between the government and the people is determined
by the basic laws of the constitution.
2. A constitution is inevitable for framing the rules of law, which
oils the functioning of a Democratic Government.
3. The structure and function of the government are nothing but
constitutional provisions.
4. The structure and functions of the organs of the government
are kept in a written form in a constitution.
5. A god constitution is a living constitution.
6. Constitution is always a pedestal higher than any government.
7. Any government which violates the constitution looses it's
democratic character.
 Characteristics of a Constitution
1. It is a body of laws and rules.
2. It may be written or unwritten.
3. It lays down the distribution of powers to the various
organs of government.
4. It determines the organization of the government of a
state.
5. It may also lay down the rights of the general or people.
 Requisites of a Good Constitution
1. Clarity or Definiteness.

2. Brevity.

3. Comprehensiveness.

4. Flexibility.

5. Declaration of rights.
 The Objects of a Constitution
a. To limit the arbitrary action of the
government.

b. To guarantee the rights of the governed.

c. To define the operation of the sovereign.

Merits of written constitution
1. Definite and clear.
2. Guarantee of fundamental rights.
3. Essential in a federation.
4. Permanent and rigid in character.

Demerits of written constitution

1. Rigidity.
2. Chance to revolution.
 2. Unwritten constitution
An unwritten constitution is one in which most, but not all, the
fundamental laws have never been expressed in writing. It is the product of
history. Eg.England.

Merits of unwritten constitution

1. Adjustability and adaptability.
2. Flexibility.
3. Popular constitution.

Demerits of unwritten constitution

1. Lack of stability.
2. Indefinite.
3. Fundamental rights undefined.
4. Unsuitable in a federation.
 3.Rigid constitution
A rigid constitution is one which can be amended
only by a special procedure. A rigid constitution makes a
clear distinction between constitutional law and ordinary
law.The power of the legislature are limited by the
constitution itself. Eg.US.
Merits of rigid constitution
1. It is stable and permanent.
2. It is clear and definite.
3. Suitable for a federation.
4. Symbol of sovereign power of people.
Demerits of a rigid constitution
1. It does not allow free scope for growth and
development.
2. It may provoke revolution.
3. It may break, but cannot, bend.
4. Conservative.
5. Less progressive in social economic and political
fields.
 4. Flexible constitution.
A flexible constitution is one which can be amended through
an ordinary legislative process by the ordinary legislature. A
constitutional law and ordinary law are treated alike. Eg.British
constitution.
Merits of flexible constitution
1. A flexible constitution is adaptable.
2. It can be bent without being broken.
3. Suits an advanced progressive community.
4. Prevents revolution.
5. Suitable for emergency.
6. Reflects nations mind.
Demerits of a flexible constitution
1. It is unsuitable for a federation.
2. It is unsuitable and temporary.
3. It is a plaything in the hands of an ordinary
legislature.
4. Does not safeguard rights properly.
 Conclusion
I would like to conclude, it is sometimes said that
unwritten constitution are flexible. Where as written
ones are rigid. The statement is only partially correct.
Unwritten constitution are no doubt, flexible but all
written constitution are not necessarily rigid. It is quite
possible for a written constitution not to be rigid.