In simple words, we can define a Constitution as the basic design of the organization and power of the Government. A modern Constitution necessarily involves a charter of the rights and duties of its citizens. It is a body of the Constitutional Law of the state, the supreme and fundamental law of the state. Government is organized and it performs its functions according to the Constitution of the state. It lays down the nature of relations between the people with their Government. Woolsey defines a Constitution as “the collection of principles according to which the powers of the Government, the rights of the governed and the relations between the two are adjusted.”
Kinds of constitution are as follows :
Written Constitution: A written constitution means a Constitution written in the form of a book or a series of documents combined in the form of a book. It is a consciously planned and enacted Constitution which is formulated and adopted by a constituent assembly or a council or convention or a legislature. “A written Constitution”, observes Dr. Garner, “is a consciously planned Constitution, formulated and adopted by deliberate actions of a constituent assembly or a convention.” It provides for a definite design of Government institutions, their organizations, powers, functions and inter-relationships. It embodies the constitutional law of the state. It enjoys a distinct character, special sanctity and place of supremacy. The Government is bound by its provisions.
Unwritten Constitution : An unwritten Constitution is one which is neither drafted nor enacted by a Constituent Assembly and nor written in the form of a book. It is a product of slow and gradual evolution. The Government is organized and it functions in accordance with several well settled laws and several unwritten conventions. The people know their constitution and they accept and obey it, but they do not possess it in a written form.
Flexible Constitution: Constitutions can be classified on the basis of the nature of their amending processes into Flexible and Rigid constitutions. A Flexible Constitution is one which can be easily amended. Many political scientists define a flexible constitution as one in which the constitutional law can be amended in the same way as an ordinary law is made by the legislature. Britain presents a classic example of a flexible constitution.
Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Its method of amendment is difficult. For amending it, the legislature has to pass a proposal by a specific, usually big majority of 2/3rd or 3/4th or absolute majority, i.e., 51% of votes. For passing or amending an ordinary law, the legislature passes the measure by a simple majority of the members present. The constitutional law is considered the fundamental law of the land or the supreme law of the land
Evolved Constitution: An Evolved Constitution is one which is not made at any time by any assembly or persons or an institution. It is the result of slow and gradual process of evolution. Its rules and principles draw binding force and strength from the fact of their being recognized as ancient, time tested and respected customs and conventions. Some of these conventions stand recognized by law and hence become enforceable while others are followed because of the sanctions of public opinion, practical utility and moral consciousness in their favor. The Constitution of Great Britain presents a classic example of an evolved constitution.
Enacted Constitution: Unlike an Evolved Constitution, an Enacted Constitution is a man-made constitution. It is made, enacted and adopted by an assembly or council called a Constituent Assembly or Council. It is made like a law after full discussions over its objectives, principles and provisions. The Constituent Assembly is constituted by the representatives of the people and it drafts and enacts the constitution.
The Presidential Government is a form of government in which the executive is constitutionally independent of the legislature and the legislative of the executive in respect to their policies and powers and duration of their tenure. The government of the U.S.A. is the best example of the presidential type. The President is the executive head and is indirectly elected by the people for a specified term fixed by the constitution.
