DEFINITION OF CONSTITUTION AND ITS CLASSIFICATION

DEFINITION AND CLASSIFICATION OF THE CONSTITUTION. 

Definition of the constitution : 

State which is a political organization is governed by the group of people, commonly known as government which generally constitute Legislative, Executive and Judiciary. These organs of the government cannot rule on thier own will and thus needs certain set of rules and principles which defines thier authority. These set of rules and principles is known as constitution. The Constitution is referred to as the governing wheel of the state without which anarchy would prevail in administration of the state. In this regard Thomas Paine rightly said, 'Government without the Constitution is power without the right'.

Defining Constitution, different thinkers give thier opinion as to what constitution is.

Aristotle giving very traditional view define constitution as, 'the way of life the state had chosen for itself.'

T.C.F. Strongs opined, The Constitution is said to be the collection of principles according to which the powers of the government, the rights of the government and the relation between the two are adjusted.'

Lord Bruce, highly influenced by the constitution of Britain, gave the narrow definition by stating, 'Constitution is the aggregate of law and customs under which the life of the state goes on.' Bruce mainly focused on Constitution as aggregate of customs, however it is to be noticed here that other than the constitution of Britain and New Zealand, no other Constitution can be said to be an aggregate of customs.

Some writers such K.C. Wheare, Hood Phillips and Gilchrist, giving very wide definition referred Constitution as, 'Constitution is used to donate all the written and unwritten principles regulating the administration of the state.'

On other hand some writers like Thomas Paine and D.C. Tocqueville, giving a very a narrow definition stated that Constitution means all the written documents used in the administration of the state. They opined that if written document cannot be produced, it cannot be referred to the Constitution. 

Briefly summarising, we can give the following definition of the constitution; 

The Constitution of the country may be referred to as the fundamental law of that land, pertaining to its institution and the government which delineates the the powers and responsibilities of the various instrumentalities of the state, impose limitations upon them and regulates the relation between the state and its population. It also embodies and construct a common national, political and Constitution identify for the people it covers. Moreover changes that takes place in the societies irrespective of the changes in the text of the constitution also refers to as the part of the constitution of that particular society or country.

Classification of the constitution : 

1. On the basis of  its form i.e. Written (physical form) and Unwritten (oral form)

Written Constitution refers to the one in which principles governing the administration of the state are embodied in a specific document passed by a specific body, for example : Constitution of India, US, Bangladesh etc. 

On the other hand unwritten constitution is the one in which principles governing the administration of the state are not embodied im one specific document but are derived from customs, judicial pronouncements, traditional practices etc, for example : British Constitution.

2. On the basis of procedure for amendments i.e. Rigid or Flexible 

Rigid Constitution is the one in which the amendment procedure is very difficult, which means it is very hard to change. 

On the other hand, flexible Constitution is the one in which the amendment procedure is too easy, that means Constitution is very easy to change. 

3. Evolved or Enacted 

Evolved Constitution is the one which is not prepared at particular time. It has been the result of historical developments. For example: the British Constitution. 

On the other hand, enacted Constitution is the one which is prepared at the particular time. For example: Indian constitution is made by the Constitution making body altogether in constituent assembly from 1946 - 1949 after Independence.

4. Legal or Real

This is a very unique classification is the both can be found in single Constitution only. For example, the written part of the constitution by legislature is the legal Constitution and when the convention and orders of the courts are added to it, it becomes the real Constitution.