Introduction
Constitution of a country is basic Fundamental/Organ law, Supreme law of the land, which contains the Structure & Powers of the Government and guarantees rights to the people. It establishes balance between Powers of the Government and Rights of people. Constitution is basis for Political system. The purpose of Constitution is to have Rule of Law.
- Constitutionalism first started in England in 17th country after Glorious Revolution in 1688.
- In 18th century, Americans were the first people to have a Written Constitution.
Classification of Constitutions:
Types:
1 Unwritten Constitution (Physical form)
2. Written Constitution (Physical form)
3. Flexible Constitution
4. Rigid Constitution
- On basis of their physical form, 1 and 2 are classified.
- Unwritten Constitution is a type of Constitution where the Administration of country is carried according to well established conventions, customs, usages and practices, which are not available in the written form.
- Only few provisions are available in the form of writings.
- England has Unwritten type of Constitution.
Written Constitution – All the rules of Administration & Governance have been written in a book or books. Even in Written Constitution, there may be conventions, customs, which might also be followed by rules.
Ex: In India, the Deputy Speaker post is given to largest opposition party in Loksabha as a convention.
- No. of terms for the Office of President is restricted to 2 as a convention.
- No constitution is 100 % Written/Unwritten.
- Constitutions are called Rigid and Flexible depending on the procedure for Amendment.
- A Flexible constitution is one which is amended with simple procedure & simple majority, like an ordinary law.
Ex: England has the most Flexible Constitution.
- A Rigid constitution is one which involves procedures & majority to amend the constitution different from ordinary law amendment.
Ex: American
- Constitution of India is basically Rigid with certain inbuilt flexible features, as major parts of constitution of India are dealt with special majority.
- Written ε Rigid
- Secular state is one which provides an individual or the corporate the freedom of religion, not constitutionally connected, do not promote or interfere with any religion.
Definition of secular state
Secularism in India is treated as a positive concept, which has equal treatment, respect to all religions. It implies equality of all religions and religious tolerance & respect. India, therefore does not have an official state religion. Every person has the right to preach, practice and propagate any religion they choose.
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