Features of Constitution

The features of the Constitution explain the basic structure, principles, and functioning of the government in a democratic system.

Meaning of the Constitution

• The word "constitution" is derived from the Latin word "constituere." 
• It means “to establish” or “to set up.”

A Constitution is a set of rules and principles that explains 

• how the government works, 
• defines the powers of the government, 
• and tells the rights and duties of citizens.

Constitution = Rule Book of a Country.

It controls

• Government
• Citizens
• Laws
• Rights & Duties

Constitution is Also Called

Term	Easy Meaning
Basic Law of the Country	Main law of the nation
Instrument of Government	Tool to run government
Fundamental Law of the Land	Most important law
Supreme Law of the State	Highest law above all
Rules of the State	Rules for governance
Basic Structure of the Polity	Framework of political system
Grundnorm of the Country	Basic legal norm/foundation

Easy Trick to Remember : “BFFSRBG”

• B → Basic law
• F → Fundamental law
• F → Framework of polity
• S → Supreme law
• R → Rules of state
• B → Basis of government (Instrument)
• G → Grundnorm

Constitution is the supreme rule book that establishes the government and defines the rights and duties of citizens.

Before studying the features of the Constitution, students should understand the historical background of Indian polity and the process of formation of the Indian Constitution, as these developments influenced many constitutional provisions and principles.

Functions of the Constitution 

The Constitution performs many important functions for a country. According to Elliot Bulmer, the Constitution helps in organizing the state, protecting rights, and guiding the government.

Main Functions of Constitution

Function	Easy Meaning
Define Political Community	Tells who belongs to the nation
Define Nature of Government	Explains powers and authority of government
Express National Values	Reflects ideals like justice, equality, liberty
Define Rights & Duties	Gives rights and responsibilities to citizens
Establish Political Institutions	Creates Parliament, Judiciary, Executive
Divide Powers	Shares power between Centre and States
Define Religious Position	Explains relation between religion and state
Set Social & Economic Goals	Promotes welfare and development

Important Constitutional Goals

1. Fundamental Rights

Protect citizens from discrimination and injustice.

Examples:

• Article 15 → Prohibition of discrimination
• Article 16 → Equality in public employment
• Article 17 → Abolition of untouchability

2. Directive Principles of State Policy (DPSP)

Guidelines for the government to create a welfare state.

3. Living Wage

Government should ensure: fair salary, decent standard of life, & worker welfare.

4. Public Health & Nutrition

State should: improve health facilities, raise nutrition level, improve living standards.

5. Equal Pay for Equal Work

Men and women should receive equal wages for the same work.

The Constitution organizes the government, protects citizens’ rights, divides powers, and promotes social and economic welfare.

Qualities of a Good Constitution 

A good Constitution should have certain important qualities so that the country can function smoothly and citizens’ rights remain protected.

Main Qualities of a Good Constitution

Quality	Easy Meaning
Brevity	Constitution should be short and simple
Clarity	Language should be easy to understand
Definiteness	Provisions should have clear meaning
Comprehensiveness	Should cover powers, rights, and duties completely
Suitability	Should match the needs of the people
Stability	Should provide stable government
Adaptability	Should change according to time and situations

Explanation of Each Quality

1. Brevity

• Constitution should be written briefly.
• Unnecessary details should be avoided.
• Too many provisions create confusion.

Short and simple Constitution is easier to understand.

2. Clarity

• Provisions should be written in clear language.
• Difficult words reduce understanding.

Simple language helps people understand the Constitution better.

3. Definiteness

• Every provision should have a fixed meaning.
• Ambiguous wording increases confusion and judicial discretion.

Clear meaning reduces different interpretations.

4. Comprehensiveness

• Constitution should fully explain: powers of government, rights of citizens, duties of citizens.
• Benefit: Reduces disputes and court cases.

5. Suitability

Constitution should reflect: needs of people, culture, history, economic and political conditions.

Constitution should suit the country and its people.

6. Stability

• Constitution should maintain political stability.
• It should not be changed very easily.

Stable Constitution creates stable government.

7. Adaptability

• Constitution should be flexible and dynamic.
• It must adjust according to changing times.

A Constitution should be a living document, not a fixed document.

A good Constitution should be clear, stable, suitable, comprehensive, and flexible enough to meet changing needs of society.

Classification of the Constitution 

Constitutions are classified on different bases such as origin, form, amendment process, distribution of powers, and objectives.

1. Evolved and Enacted Constitution

A. Evolved Constitution (Cumulative Constitution)

• Develops slowly over time.
• Based on customs, conventions, judicial decisions, and practices.
• Not made at one time by a specific body.

Example: United Kingdom Constitution

Features

• Product of historical evolution
• Mostly unwritten
• Flexible in nature

B. Enacted Constitution (Conventional Constitution)

• Deliberately made by: Constituent Assembly, Parliament, or King.
• Written in the form of a document or book.

Examples: India Constitution, United States Constitution

Evolved	Enacted
Develops gradually	Made deliberately
Mostly unwritten	Written document
Example: UK	Example: India, USA

2. Written and Unwritten Constitution

A. Written Constitution (Documentary/Codified Constitution)

• Provisions written in one or more documents.
• Formulated by a Constituent Assembly.

Examples: USA, India, Canada, France, Japan

Features

• Clear and systematic
• Easy to understand

B. Unwritten Constitution (Non-documentary/Uncodified Constitution)

• Not contained in a single document.
• Based on customs, conventions, statutes, and judicial decisions.

Examples: UK, New Zealand, Israel

Written	Unwritten
Written in document	No single document
Clear provisions	Based on customs
Example: India	Example: UK

3. Rigid and Flexible Constitution

This classification was given by Lord James Bryce.

A. Rigid Constitution (Inelastic Constitution)

• Amendment requires special procedure.
• Difficult to change.

Examples: USA, Australia, Switzerland

B. Flexible Constitution (Elastic Constitution)

• Amended like ordinary laws.
• Easy to change.

Examples: UK, New Zealand

The Constitution of India is: neither fully rigid, nor fully flexible. It is a mixture of both.

Rigid	Flexible
Difficult to amend	Easy to amend
Special procedure	Normal procedure
Example: USA	Example: UK

4. Federal and Unitary Constitution

Federalism means: powers are divided between:

• Central Government
• State/Regional Governments.
• Both work independently in their own areas.

A. Federal Constitution

• Two levels of government
• Division of powers
• Written Constitution
• Independent judiciary
• Bicameral legislature

Examples: USA, Canada, Australia, Switzerland, Brazil

B. Unitary Constitution

• Power mainly concentrated in Central Government.
• States work under the Centre.

Examples: UK, France, Japan, China, Italy

Federalism in India

The Indian Constitution contains: federal features, and unitary features.

Therefore: K. C. Wheare called India: “Quasi-Federal”

Ivor Jennings called India: “Federation with a centralising tendency”

Federal Features of India

• Two Governments
• Division of Powers
• Written Constitution
• Supremacy of Constitution
• Independent Judiciary
• Bicameralism
• Rigidity of Constitution

Unitary Features of India

• Strong Centre
• Single Constitution
• Single Citizenship
• Integrated Judiciary
• Emergency Provisions
• All India Services
• Governor appointed by Centre

5. Procedural and Prescriptive Constitution

A. Procedural Constitution

• Defines structure and powers of government.
• Protects democracy and fundamental rights.
• Focus: How government works

B. Prescriptive Constitution

• Guides government toward: social, economic, developmental goals.
• Focus: What goals government should achieve

Constitutions are classified on the basis of origin, form, amendment process, power distribution, and governmental objectives.

Constitutionalism & Constitutional Government 

Constitutionalism means:

• government powers should be limited,
• rulers must follow the Constitution and laws,
• and citizens’ rights must be protected.

It supports:

• Rule of Law
• Limited Government
• Democracy

A country may have a Constitution, but it may not have Constitutionalism. Example: In a dictatorship: a Constitution may exist, but the ruler has unlimited power. So, there is: Constitution  not Constitutionalism.

Difference Between Constitution & Constitutionalism

Basis	Constitution	Constitutionalism
Meaning	Written rules of government	Principle of limited government
Focus	Structure of government	Limitation on government powers
Nature	Legal document	Political philosophy/idea
Power	May allow unlimited power	Prevents misuse of power
Rule of Law	May or may not exist	Rule of Law is essential
Democracy	Not always democratic	Supports democracy
Example	Dictatorship may have Constitution	Constitutionalism absent in dictatorship

Features of Constitutionalism

• Limited Government
• Rule of Law
• Protection of Rights
• Government under Constitution
• No Arbitrary Rule
• Democratic Governance
• Accountability of Rulers

Opposes

Constitutionalism opposes:

• Arbitrary Rule
• Despotic Rule
• Authoritarian Rule
• Totalitarian Government

Constitutional Government

A constitutional government is: a government controlled by the Constitution, where rulers must obey laws and constitutional limits.

“Limited Government” No person or authority is above the Constitution.

Rule of Law

According to A. V. Dicey Rule of Law means:

• law is supreme,
• everyone is equal before law,
• government must act according to law.

Easy Trick to Remember : “LRDA”

• L → Limited Government
• R → Rule of Law
• D → Democracy
• A → Accountability

Constitutionalism means government power should be limited and exercised according to the Constitution and Rule of Law.

Definitions of Constitutionalism 

Definition by K. C. Wheare

“Constitutional government means something more than a government according to the terms of a constitution. It means government according to rule as opposed to arbitrary government. It means government limited by the terms of a constitution, not government limited only by the desires and capacities of those who exercise power.”

Explanation

• Constitutional government is more than just having a Constitution.
• Government should work according to: rules, laws, constitutional limits.
• It opposes arbitrary government (rule by personal wishes).
• Rulers cannot use unlimited powers.
• Government powers are controlled by the Constitution.

Government should run according to laws, not according to the personal wishes of rulers.

Definition by Joseph S. Roucek

“Constitutionalism means essentially limited government. It is the antithesis of government by the unrestrained will of rulers. Regardless of the actual form or effectiveness of restraints, it assumes limitations on government as opposed to arbitrary government.”

Explanation

• Constitutionalism means limited government.
• It opposes: unlimited powers, arbitrary rule, dictatorship.
• Government authority should always have restrictions.
• Rulers cannot act freely without constitutional control.

Constitutionalism prevents rulers from using unlimited and arbitrary powers.

Thinker	Main Idea
K.C. Wheare	Government should work according to constitutional rules
Roucek	Constitutionalism means limited government

Constitutionalism means a limited government where rulers exercise power according to the Constitution and Rule of Law.

Elements of Constitutionalism

Louis Henkin identified Eight Elements of Constitutionalism.

1. Popular Sovereignty

• Ultimate power belongs to the people.
• Government authority is created and sustained by the consent of the people.
• People exercise power through elected representatives.

Rule by the People

2. Rule of Law

• The government should function according to law, not according to the personal wishes of rulers.
• By A. V. Dicey: Rule of Law is a basic feature of the Constitution.

Three Principles of Rule of Law

Principle	Meaning
Absence of Arbitrary Power	Government cannot act freely without law
Equality before Law	Everyone is equal before law
Primacy of Individual Rights	Constitution protects individual rights

In India:Constitution is the source of individual rights.

3. Democratic Government

• Government should be responsible, Accountable, Elected by the people.
• Government must answer to the people.

4. Separation of Powers

Powers are divided among the Legislature, the executive, and the Judiciary.

Purpose

• Checks and balances,
• Prevent concentration of power.

5. Independent Judiciary

The judiciary should work independently without political pressure.

Purpose

• Protect the Constitution,
• Protect citizens’ rights,
• Ensure justice.

6. Civilian Control of the Military

• The military should remain under the control of an elected civilian government.
• The army should obey a democratic government, not rule the country.

7. Police Governed by Law and Judicial Control

• Police must follow the law, work under legal control, and respect citizens’ rights.
• Courts can check misuse of police powers.

8. Respect for Individual Rights

• The government should protect the freedom, equality, dignity, and fundamental rights of individuals.

Meaning of Constitutional Government

• Constitutional government means "a government limited by the terms of the Constitution.”

Constitutionalism ensures limited government, Rule of Law, democracy, separation of powers, and protection of individual rights.