Chapter 1 : Introduction

Topics to study

1. The significance and importance of study of Constitution

2. Types of Constitutions
3. Forms of government- Parliamentary-Presidential-Monarchial form

1. The significance and importance of study of Constitution:

i. The study of Constitution is important because it protects individual freedom, and its fundamental
principles govern the United States. The Constitution places the government's power in the hands of the
citizens. It limits the power of the government and establishes a system of checks and balances.
ii. The primary function of a constitution is to lay out the basic structure of the government according to
which the people are to be governed. It is the constitution of a country, which establishes the three main
organs of the government, namely, the legislature, executive and judiciary.
iii. The constitution of a country not only defines the powers allotted to each of the three main organs, but it
also significantly makes a clear demarcation of the responsibilities assigned to each of them. It
effectively regulates the relationship between these organs as well as the relationship between the
government and its people.
iv. Since the country’s constitution stands superior to all the laws framed within the territorial precincts of
the country, any law enacted by the ruling government has to be in conformity with the concerned
constitution.
v. It deals with limitations on power. Since power corrupts and absolute power corrupts absolutely, a
constitution is established to restrict the abuse of power by those who conduct governmental functions.
vi. The constitution of a particular country lays down the national goals which form the basic edifice on
which the nation rests upon. For instance, the constitution of India has inscribed in it the primary facets
of the nation which are democracy, socialism, secularism and national integration.
vii. A constitution, besides thrusting on the rights of the citizens of the concerned nation, also has embedded
in it the duties that the citizens require to adhere to as well.

Types of Constitution:

1. Written and Unwritten Constitution

Written constitution is a type of document or documents created in a form of laws. It`s usually very precise and
systematic. The creation of this constitution is usually defined as a deliberate efforts of the people.

This legal body is elected to be the main legal document for the specific period of history. It’s also very precise
about its written date. Most countries have a written constitution, like the USA, India, Russia, France, Germany,
Nigeria, etc.

The unwritten constitution is a legal body where the principles have never been enacted as laws. It consists of
various customs, principles or traditions of a country. It does not have a specific date of creation. It`s not clear
or precise in any way. It`s usually a result of the historical development of a country. One of the classical
examples is the English Constitution.

2. Flexible and Inflexible Constitution:

It generally refers to how easy you can change some clauses of the constitution. Codified constitutions have a
strict set of rules for when it comes to constitution changes. One of the examples of inflexible constitutions is
the USA constitution. The specificity of this constitution makes it very inflexible for changes. At the same time,
the British Constitution has constantly been changing since the 13th century.

Forms of government:

1. Parliamentary form of government:

The government generally has three distinct powers: executive, legislative and judicial powers. Parliamentary
form of government may be described as a form of government wherein the executive branch of the government
is elected /chosen from the legislative branch (which is called the parliament in England) and the executive is
responsible to the parliament.

The parliamentary form of government evolved in England owing to its peculiar constitutional history. Indeed
development of this Parliamentary form of government is journey from absolute monarchy to a notional
monarchy spanning over nine hundred years.

British parliament is therefore the mother of all parliaments. The parliamentary form of government has been
adopted in a number of countries particularly in those countries which formed part of the British Empire.

Indian Parliamentary System:

In India, there is a parliamentary form of government both at center and at the states.

The executive power of the union is vested in the president who exercises his powers and functions with the aid
and advice of the council of ministers headed by a Prime Minister.

Government at State Level:

The same is the position of a Governor of the state who is required to act as a Constitutional

Head and act according to the advice of his ministers except when he acts in his discretion.

There were many reasons why the framers of the constitution preferred the parliamentary system of government
to the presidential system.

The people of India were already familiar with the working of the parliamentary system.

A parliamentary system could provide effective leadership in emergencies. Cabinet system ensures harmony
between the executive and the legislature.

Parliamentary system gives more responsibility. The assessment of the responsibility of the executive is both on
daily as well as periodic basis.

The members of parliament can make the ministers responsible by putting questions, moving resolutions and
no-confidence motions, adjournment motions and debates on address by the President.

Elections are held after regular intervals and that gives the voters an opportunity to express their approval or
dissatisfaction with the government in power.
In fact federal Parliamentary character of the Indian Constitution has been recognized by the Supreme Court of
India as basic structure of constitution.

It is to be noted that, though the Indian Constitution provides for the parliamentary form of government

but unlike Britain, the Parliament is not supreme under the Indian Constitution.

In India, the constitution is supreme. In England, Laws passed by the Parliament cannot be declared
unconstitutional while the Indian Constitution expressly vests this power in the courts.

2. Presidential Form of Government:

In a presidential system, the head of the government leads an executive, that is distinct from the legislature.
Here, the head of the government and the head of the state are one and the same. Also, a key feature is that the
executive is not responsible to the legislature.
Features :

1. The executive (president) can veto acts by the legislature.

2. The president has a fixed tenure and cannot be removed by a vote of no-confidence in the legislature.
3. Generally, the president has the power to pardon or commute judicial sentences awarded to criminals.
4. The president is elected directly by the people or by an electoral college.

Merits:
The advantages of the presidential system are given below:

1. Separation of powers: Efficiency of administration is greatly enhanced since the three arms of the
government are independent of each other.
2. Expert government: Since the executive need not be legislators, the President can choose experts in
various fields to head relevant departments or ministries. This will make sure that people who are
capable and knowledgeable form part of the government.
3. Stability: This type of government is stable. Since the term of the president is fixed and not subject to
majority support in the legislative, he need not worry about losing the government. There is no danger of
a sudden fall of the government. There is no political pressure on the president to take decisions.
4. Less influence of the party system: Political parties do not attempt to dislodge the government since
the tenure is fixed.

Demerits:
The disadvantages of the presidential system are given below:

1. Less responsible executive: Since the legislature has no hold over the executive and the president, the
head of the government can turn authoritarian.
2. Deadlocks between executive and legislature: Since there is a more strict separation of powers here,
there can be frequent tussles between both arms of the government, especially of the legislature is not
dominated by the president’s political party. This can lead to an erosion in efficiency because of wastage
of time.
3. Rigid government: Presidential systems are often accused of being rigid. It lacks flexibility.
 4. Spoils system: The system gives the president sweeping powers of patronage. Here, he can choose
executives as per his will. This gives rise to the spoils system where people close to the president
(relatives, business associates, etc.) get roles in the government.

3. Monarchial Form of Government:

Constitutional monarchy, system of government in which a monarch shares power with a constitutionally
organized government.
The monarch may be the de facto head of state or a purely ceremonial leader.
The Constitution allocates the rest of the government’s power to the legislature and Judiciary.
E.g Britain, Belgium,Sweden, Thailand.