Constitution: Constitution is nothing but power map
What is power map?
Defining the powers of different branches of government
Note: there can't be any country without constitution
Types of constitution:
Written and unwritten constitution:
Basically, there is no country which constitution is entirely written or
entirely unwritten even in written constitution the part is not written is known
as constitution. Even in written constitution the part is not written is known
On what basis we classify whether the constitution is written or unwritten?
Written constitution is distinguished on the basis of the fact that they are the
products of the constituent assembly
Note: people talks about and makes the definition on the basis of single written
document and on a particular time so these both classifications are wrong.
Constitution can't be made at one time because it always keeps amending and
about the single written document is that if we start keeping all the document
in one book.
So, will it be written?
The answer is no but at one point of time it is correct but not all the time
Rigid and flexible constitution:
We judge the constitution whether it is rigid or flexible on the basis of
amendment in rigid constitution the amendment requires special majority and in
flexible constitution the amendment requires only simple majority
The Indian constitution is whether rigid or flexible?
So, the Indian constitution is neither rigid nor flexible constitution because
in Indian constitution there is provision which can be amended by simple
majority and some can be by special majority.
Types of majorities:
Meaning of Quorum:
- Simple majority
- Special majority
- Effective majority
- Absolute majority
minimum members requires for the particular meeting.
the strength of quorum in India is 1/10th of total members
50% +1 of members present and voting.
the majority which neither simple neither effective nor
absolute majority is special majority. There are kinds of special majority
mentioned in our Indian constitution.
- 2/3rd members present and voting (article 249 & 312)
- For article 368(amendment of constitution) it should fulfil two
- 2/3rd members present and voting
- 50%+1 of total strength of the house
- 2/3rd of total strength of the house
: for impeachment of the president (toughest majority in our constitution
50%+1 of effective strength of the house
Effective strength means:
total strength of the house – vacancies
50%+1 of total strength of the house
Unitary and federal constitution:
Unitary constitution is nothing but where all the powers are vested with a
single government that is centre but in federal constitution the powers are
vested with states too.
basically we can say that the constitution which follows the things of
separation of power is known as federal constitution.
Republican and monarchical constitution:
In republican constitution that provides for the position of an elected head of
state for a fixed term of office who is usually known as president and in
monarchical constitution the government is led by king, queen or emperor and it
will be succeeded to his or her children or other heir from generation to
generation or from one ruling house to another.
There are two subdivisions of monarchical constitution
- Absolute monarch-in this kind all the powers are vested with ruler and
not limited by any constitution
- Constitutional monarch- in this type where the monarchy is just a
ceremonial head of state and a symbol of the nation with limited powers
Presidential and parliamentary constitution
Presidential constitution is that kind of constitution where all the executive
powers are vested with president who is head of state and head of the
government, he may exercise the executive powers through vice-president or
ministers or officers who are in public service on the other hand in
parliamentary constitution the executive powers are vested with prime-minister
who is head of government but not head of state.
Written By: Dinesh Kumar Mishra
- Kalinga University, Raipur