Classification of Constitutions

Written or unwritten, rigid or flexible, federal or unitary, parliamentary or presidential, and where India stands

In one minute

Constitutions are sorted on separate scales: written or unwritten, rigid or flexible, federal or unitary, parliamentary or presidential, republic or monarchy. A constitution can sit at a different point on each scale.

The Indian Constitution is written, partly rigid and partly flexible, federal with a strong unitary bias, parliamentary and republican. Exams ask for this exact set, so learn the reasons.

Exam focus

Frequency: Frequently asked
Usually asked as: Both (long answer and short answer)

Legal provision

Article 1(1): "India, that is Bharat, shall be a Union of States."
Article 3: Parliament may by law form new States and alter the areas, boundaries or names of States.
Article 4(2): a law made under Articles 2 and 3 is not an amendment of the Constitution for the purposes of Article 368.
Article 368(2): an amendment needs a majority of the total membership of each House and two-thirds of the members present and voting. Some changes also need approval by the Legislatures of not less than one-half of the States.
Article 246 and the Seventh Schedule: the Union List, State List and Concurrent List divide legislative power.
Articles 74 and 75(3): the Council of Ministers aids and advises the President and is collectively responsible to the House of the People.
Articles 52 and 54: there is a President of India, elected by an electoral college.

Meaning and definition

To classify constitutions is to sort them by their main features. No single scale is enough. The common scales are given below.

Written or unwritten: is the fundamental law collected in one document?
Rigid or flexible: how hard is it to amend? James Bryce used these two terms.
Federal or unitary: is power divided between a centre and constituent units?
Parliamentary or presidential: is the executive drawn from and answerable to the legislature?
Republican or monarchical: is the head of state elected or hereditary?

Where the Indian Constitution standsHow to read this: start at the top box and follow the lines down. Each green box is India's place on one scale.

The Indian Constitution
- WrittenOne document, adopted in 1949
- Partly rigid, partly flexibleArticle 368 and outside it
- Federal with a unitary biasArticle 1, Article 246, Article 3
- ParliamentaryArticles 74 and 75(3)
- RepublicArticles 52 and 54

Detailed explanation

Step 1: written and unwritten

A written constitution (one formal document adopted at a stated time) exists in India and the United States. The United Kingdom has an unwritten, or uncodified, constitution. It is found in statutes, court decisions and conventions. Some of it is in writing, but there is no single document.

Step 2: rigid and flexible

A rigid constitution needs a special, harder process to amend than ordinary law. A flexible constitution can be changed by the ordinary law-making process. The United States is rigid. The United Kingdom is flexible, because Parliament can change constitutional rules like any other law.

India is mixed. There are three ways to amend.

Simple majority, outside Article 368. A law forming a new State under Articles 2 and 3 is not an amendment (Article 4(2)). The same holds for a law creating or abolishing a State Legislative Council (Article 169).
Special majority (Article 368(2)). A majority of the total membership of each House and two-thirds of those present and voting.
Special majority plus State approval. Some matters in the proviso to Article 368(2) also need ratification by half the State Legislatures. Examples are the Seventh Schedule Lists and the representation of States in Parliament.

Example. Parliament created Telangana from Andhra Pradesh by an ordinary law, the Andhra Pradesh Reorganisation Act, 2014, under Articles 3 and 4. Changing the legislative lists of the Seventh Schedule needs the special majority and approval of half the State Legislatures.

Step 3: federal and unitary

In a federal constitution, power is divided between a central government and the units, and each is supreme in its own sphere. A written constitution, a division of powers and courts to settle disputes are its marks. India has all three: Article 246 and the Seventh Schedule divide legislative power, and the Supreme Court decides disputes between governments under Article 131.

India also has strong unitary features.

Parliament can alter the boundaries and names of States (Article 3).
The Governor of a State is appointed by the President (Article 155).
The President can take over a State's government when its constitutional machinery fails (Article 356).
Parliament can make laws on a State List matter if the Council of States passes a resolution by a two-thirds majority (Article 249), and there are Emergency powers (Article 352).
All-India services are common to the Union and the States (Article 312).

The Constitution uses "Union of States" in Article 1. The Drafting Committee's chairman, Ambedkar, explained that the States did not make an agreement to join, so no State can leave. That is why the word "federation" does not appear in the Constitution. India is often called quasi-federal (federal in form with a strong central bias).

Step 4: parliamentary form and republic

In a parliamentary system, the real executive is the Council of Ministers, drawn from the legislature and answerable to it. The United Kingdom and India follow this. In a presidential system, the head of the executive is elected separately for a fixed term, as in the United States. India's President is head of state but acts on the advice of the Council of Ministers (Article 74).

India is a republic: the head of state is elected, not hereditary (Article 54). The United Kingdom is a monarchy.

Scale	United Kingdom	United States	India
Written or unwritten	Unwritten	Written	Written
Rigid or flexible	Flexible	Rigid	Partly rigid, partly flexible
Federal or unitary	Unitary	Federal	Federal with unitary bias
Parliamentary or presidential	Parliamentary	Presidential	Parliamentary
Republic or monarchy	Monarchy	Republic	Republic

Don't confuse: federal and unitary

Point	Federal	Unitary	India
Division of power	Between centre and units	All power with the centre	Divided, with the centre stronger
Can the centre change units?	No, not alone	Yes	Yes, by law (Article 3)
Courts settle disputes	Yes	No such need	Yes (Article 131)

Inside the concept (federal). The Union List gives Parliament exclusive power over defence. The State List gives the State Legislature exclusive power over public order. Each stays in its field.

Just outside it (unitary). Parliament can, by an ordinary law, divide a State into two. A true federation would not allow the centre to do this alone.

Common mistakes

Calling India purely federal or purely unitary. It is federal in form with a unitary bias.
Calling the whole Constitution rigid. Some changes need only a simple majority.
Saying Britain has no constitution. It is unwritten and flexible.

Apply it

Problem

Parliament passes a law dividing a State into two States, and the State Legislature objects. A friend says that this shows India is not a true federation. Is she right?

Issue. Does Parliament's power to alter States show that India is unitary?

Rule. Parliament may form new States and alter boundaries by law (Article 3), and such a law is not an amendment under Article 368 (Article 4(2)).

Application. The States have no right to remain as they are. The power is a unitary feature. But legislative power is still divided by the Seventh Schedule, and courts decide disputes.

Conclusion. She is partly right. India is federal in form with a strong unitary bias, which is why it is called quasi-federal.

Leading case laws

State of West Bengal v. Union of India (1963)
Facts. West Bengal challenged the Coal Bearing Areas (Acquisition and Development) Act, 1957, under which the Union could acquire State-owned land without the State's consent.

Principle. By 5:1, the Supreme Court upheld the Act. It held that the Constitution does not create a federation by agreement between equal sovereign states. The Union and the States both draw their powers from the Constitution. Subba Rao J dissented.

Why it matters. It is the leading authority on the unitary bias of Indian federalism.

How to write this answer in the exam

5-mark answer

State the scales of classification.
Give India's place on each in one line.
Explain the three ways of amendment.
Close with the term quasi-federal.

10-mark answer

Meaning of classification, Bryce's terms.
Written and unwritten, with examples.
Rigid and flexible, three ways to amend India's Constitution.
Federal features and unitary features.
Parliamentary form and republic.
Comparison with the United Kingdom and the United States.
West Bengal v. Union of India and the conclusion.

Key points to remember

Scales: written/unwritten, rigid/flexible, federal/unitary, parliamentary/presidential, republic/monarchy.
India is written, partly rigid and partly flexible, federal with unitary bias, parliamentary and a republic.
Three ways to amend: simple majority outside Article 368, special majority, special majority plus State approval.
Article 1 says "Union of States": no State may leave.
Unitary features: Articles 3, 155, 249, 312, 352, 356.
West Bengal v. Union of India (1963): not a federation by agreement.

Quick self-test

1. Why is the Indian Constitution called partly rigid and partly flexible?

Most changes need the special majority of Article 368, some also need State approval, and some laws, such as those under Articles 2 and 3, need only a simple majority.

2. Name three unitary features of the Indian Constitution.

For example, Parliament's power under Article 3, the Governor's appointment by the President under Article 155, and President's rule under Article 356.

3. Is India a parliamentary or a presidential system?

Parliamentary. The Council of Ministers is collectively responsible to the House of the People (Article 75(3)).