14-12-2017, 04:27 PM
*American Constitution is the shortest and the oldest written Constitution in the world.
*In a democracy the real power vests with the people.
*Constitutions can be divided into two - written and unwritten
*Indian Constitution and American Constitution are examples of written constitution.
Written or Enacted
*A written constitution is one in which most of the basic principles are reduced to writing.
*It is found in one or more legal documents duly enacted in the forms of law.
*It is the result of the conscious and deliberate efforts of the people.
*A written constitution is otherwise called as ‘Enacted Constitution'.
Unwritten or Evolved
*An unwritten constitution is one in which most of the provisions are not in written form.
*It is not enacted by a representative body.
*It consists of customs, conventions, traditions and may also some written laws.
*An unwritten constitution is not the result of conscious and deliberate efforts of the people. So it is called as Evolved or Cumulative Constitution.
Rigid or flexible
*Constitutions can be further subdivided into two as Rigid and Flexible.
*This subdivision is based on the nature of the procedure to be followed for the amendment of the constitution.
Rigid Constitution
*A rigid constitution is one which cannot be amended in the manner in which ordinary laws are passed, amended or repealed.
*If a special procedure is needed for its amendment, it is called a rigid constitution,
eg: Constitutions of USA, Canada, Switzerland, Japan, Australia.
*A Flexible Constitution is one which can be amended easily by a simple majority of Parliament.
*There will not be any difference between constitutional law and ordinary law.
eg: British Constitution
Indian Constitution Rigid or Flexible
*Indian Constitution is neither rigid nor flexible.
*Indian Constitution is partly rigid and partly flexible. It is a blend of rigidity and flexibility.
*Indian Constitution is the longest and the largest written Constitution in the world.
*M.N. Roy was the first Indian to putforward the idea of Constitution for India.
*He expressed it through his newspaper Indian Patriot
*Propounder of Peoples Plan - M.N. Roy
*He is the founder of the Mexican Communist Party and the Communist Party of India.