Classifications of Constitution
Political scientists classify constitutions on different bases such as form, method of amendment, origin, and actual operation. These classifications help us understand how constitutions function in theory and practice.
1. Written and Unwritten Constitution
Written Constitution
A written constitution is one in which the fundamental principles, structures, and powers of government are clearly laid down in a single written document or a set of documents. It is usually precise, systematic, and authoritative.
K. C. Wheare defines it as: “A written constitution is one which is embodied in a single document or a series of documents.”
Examples:
- India
- United States
Merits: clarity, stability, protection of rights
Demerits: rigidity, slower adaptation to change
Unwritten Constitution
An unwritten constitution does not exist in a single consolidated document. Instead, it is derived from customs, conventions, judicial decisions, and statutes.
A. V. Dicey explained this nature while analysing the British system.
Example:
- United Kingdom
Note: The British constitution is not completely “unwritten” but uncodified.
2. Rigid and Flexible Constitution
Rigid Constitution
A rigid constitution requires a special procedure—more difficult than ordinary law-making—for amendment. This ensures stability and prevents arbitrary changes.
Examples:
- United States
- India (partly rigid)
Advantage: stability and protection of fundamental principles
Disadvantage: difficulty in responding to changing needs
Flexible Constitution
A flexible constitution can be amended through the ordinary legislative process, just like any other law.
Example:
- United Kingdom
Advantage:adaptability
Disadvantage: risk of misuse by temporary majorities
3. Evolved and Enacted Constitution
Evolved Constitution
An evolved constitution develops gradually over time through historical processes, customs, judicial interpretations, and conventions, rather than being deliberately framed.
Example:
- United Kingdom
This type reflects historical continuity and political traditions.
Enacted Constitution
An enacted constitution is deliberately framed and formally adopted by a constituent assembly or similar authority at a specific time.
Examples:
- India (Constituent Assembly, 1946–49)
- United States (Philadelphia Convention, 1787)
Such constitutions are often comprehensive and clearly structured.
4. Legal and Real Constitution
Legal Constitution
The legal constitution refers to the constitution as written and formally prescribed—the law on paper.
It includes:
- Constitutional articles
- Formal distribution of powers
- Enumerated rights
Example:
The text of the Indian Constitution as adopted in 1950.
Real Constitution
The real constitution refers to how power actually operates in practice, influenced by political parties, pressure groups, conventions, and socio-economic realities.
Example:
- The growing influence of the Prime Minister and Cabinet beyond what is textually stated.
- Judicial activism expanding constitutional interpretation.
Thus, the legal constitution may remain the same, while the real constitution evolves.
Short Note: Special Features of the Indian Constitution (in this Context)
The Indian Constitution occupies a unique position when examined through these classifications:
Written Constitution
- It is the lengthiest written constitution in the world, ensuring clarity and inclusiveness.
Partly Rigid and Partly Flexible
- Some provisions can be amended by a simple majority, others require a special majority, and some need state ratification.
Enacted Constitution
- It was consciously framed by the Constituent Assembly, reflecting India’s historical experience, diversity, and democratic aspirations.
Blend of Legal and Real Constitution
- While the legal text is supreme, constitutional practices such as coalition politics, judicial review, and federal negotiations shape the real constitution.
Dynamic and Living
- Judicial interpretation has allowed the Constitution to evolve, especially through doctrines like basic structure.
As B. R. Ambedkar observed, the success of a constitution ultimately depends on how it is worked:
“However good a Constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot.”
Conclusion
The classification of constitutions—written or unwritten, rigid or flexible, evolved or enacted, legal or real—offers a comprehensive framework to understand constitutional governance. The Indian Constitution stands out as a carefully enacted, largely written, partly rigid, and dynamically evolving constitutional system, balancing stability with adaptability.
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