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Types Of Constitution

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 as convention.

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:
  • Simple majority
  • Special majority
  • Effective majority
  • Absolute majority

Meaning of Quorum:
minimum members requires for the particular meeting.

Note: the strength of quorum in India is 1/10th of total members

Simple majority: 50% +1 of members present and voting.

Special majority: the majority which neither simple neither effective nor absolute majority is special majority. There are kinds of special majority mentioned in our Indian constitution.

Example:
  1. 2/3rd members present and voting (article 249 & 312)
  2. For article 368(amendment of constitution) it should fulfil two conditions
    • 2/3rd members present and voting
    • 50%+1 of total strength of the house
  3. 2/3rd of total strength of the house
Example: for impeachment of the president (toughest majority in our constitution (article 61)

Effective majority: 50%+1 of effective strength of the house
Effective strength means: total strength of the house vacancies
Absolute majority: 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.
Note: 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 only.

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

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