INTRODUCTION TO

CONSTITUTION

The vast majority of contemporary constitutions describe the

basic principles of the state, the structures and processes of
government and the fundamental rights of citizens in a
higher law that cannot be unilaterally changed by an
ordinary legislative act. This higher law is usually referred to
as a constitution.

The content and nature of a particular constitution, as well

as how it relates to the rest of the legal and political order,
varies considerably between countries, and there is no
universal and uncontested definition of a constitution.
Nevertheless, any broadly accepted working definition of a
constitution would likely describe it as a set of fundamental
legal-political rules that:
1. are binding on everyone in the state, including
ordinary law-making institutions;
2. concern the structure and operation of the
institutions of government, political principles and
the rights of citizens;
3. are based on widespread public legitimacy;
4. are harder to change than ordinary laws (e.g. a two-
thirds majority vote or a referendum is needed); and
5. as a minimum, meet the internationally
recognized criteria for a democratic system
in terms of representation and human rights.
 Meaning of a constitution
A constitution is a basic design, which deals with the structure and powers of the
government. It also includes rights and duties of citizens. Very often ‘constitution’
is understood as a document which has been written and accepted at a particular
time, but this is not the true meaning of constitution, constitution may be written
or may be unwritten.
Sometimes it is found as an established body of rules, maxims, traditions and
practices in accordance with which its government is organized and its powers and
exercised. Many political thinkers have tried to define the term ‘constitution’.
Aristotle explains, “Constitution as the way in which, citizens or the component
parts of the state are arranged in relation to one another”.
According to Woolsey, a constitution “the collection of principals according to
which he powers of the government rights of the government and relations
between the two are adjusted.”
Bryce defines it as “the aggregate of laws and customs under which the life of
state goes on the complex totality of laws embodying the principles and rules
whereby the community is organized, governed and held together”.
Herman Finer says, - “the state is a human grouping in which rules a certain
power relationship between its individuals and associated constituents. This power
relationship is embodied in political institutions. The system of fundamental
political institutions is the constitution the autobiography of the power
relationship.”
Bouncier defines a constitution as “the fundamental law of a state directing the
principles upon which the government is founded and regulating the exercise of
the sovereign powers, directly to what bodies of persons thee powers shall be
confined and the manner of their exercise.
Charles Braehead says – “A constitution is the fundamental law according to
which the relations of individuals or normal persons to the community are
determined. It may be a written instrument, a precise text or series of text
enacted at a given time by a sovereign power or it may be the more or less
definite results of a series of legislative acts, ordinances, judicial decisions,
precedents and customs of diverse origin and of unequal and importance”.
Hence, on the basis of above definitions we can say that,

 Constitution is the fundamental law of the land

 Constitution may be written or unwritten

 Constitution deals with the composition and power of the government.

 Constitution deals with the rights of citizens.

 Constitution deals with the relationship between the governments and

governed.

 Constitution is the supreme law that must be followed

Need for a
constitution

Since the days of American Revolution (1776) the

idea of a constitution as an essential and important
document was firmly rooted in every country. Today
constitution has become the foundation of
democracy. A constitution is needed for a variety of
reasons listed below:
1. To curb the powers of the government by
fundamental law.
2. To protect the rights of individuals
3. To establish the principle of ‘rule of law’.
4. To save the state from anarchy.
5. To define the operation of the sovereign power of
the state.
6. To limit the vagaries of present and future
generations.
THE FUNCTIONS OF A
CONSTITUTION
1. Constitutions can declare and define the boundaries
of the political community. These boundaries can be
territorial (the geographical borders of a state, as well as its
claims to any other territory or extra-territorial rights) and
personal (the definition of citizenship). Thus, a constitution
often distinguishes between those inside and outside the polity.
2. Constitutions can declare and define the nature and
authority of the political community. They often declare
the state’s fundamental principles and assumptions, as well
as where its sovereignty lies. For example, the French
Constitution declares that ‘France is an indivisible,
secular, democratic and social Republic’ and that
‘National sovereignty belongs to the people, who exercise it
through their representatives and by means of referendums’.
The Constitution of Ghana (1992) states that ‘The
Sovereignty of Ghana resides in the people of Ghana in whose
name and for whose welfare the powers of government
are to be exercised’.
3. Constitutions can express the identity and values of a
national community. As nation-building instruments,
constitutions may define the national flag, anthem and other
symbols, and may make proclamations about the values, history
and identity of the nation.
4. Constitutions can declare and define the rights and
duties of citizens. Most constitutions include a declaration of
fundamental rights applicable to citizens. At a minimum, these
will include the basic civil liberties that are necessary for an
open and democratic society (e.g. the freedoms of thought,
speech, association and assembly; due process of law and
freedom from arbitrary arrest or unlawful punishment).
Many constitutions go beyond this minimum to include
social, economic and cultural rights or the specific collective
rights of minority communities.
And some rights may apply to both citizens and non-
 citizens, such as the right to be free from torture or physical
abuse.
5. Constitutions can establish and regulate the political
institutions of the community. Constitutions define the
various institutions of government; prescribe their composition,
powers and functions; and regulate relations between them.
Almost all constitutions establish legislative, executive and
judicial branches of government. In addition, there may be a
symbolic head of state, institutions to ensure the integrity of the
political process (e.g. an electoral commission), and institutions
to ensure the accountability and transparency of those in power
(e.g. an ombudsman). The institutional provisions typically
provide mechanisms for the democratic allocation and peaceful
transfer of power (e.g. elections) and for the restraint and
removal of those who abuse power or who have lost the
confidence of the people (e.g. impeachment procedures).
6. Constitutions can divide or share power between
different layers of government or sub-state
communities. Many constitutions establish federal, quasi-
federal or decentralized processes for the sharing of power
between provinces, regions or other sub-state communities.
These may be geographically defined (as in most federations,
such as Argentina, Canada or India), or they may be defined
by cultural or linguistic communities (e.g. the 1994
Constitution of Belgium, which establishes autonomous
linguistic communities in addition to geographical regions).
7. Constitutions can declare the official religious identity
of the state and demarcate relationships between sacred
and secular authorities. This is particularly important in
societies where religious and national identities are interrelated,
or where religious law has traditionally determined matters of
personal status or the arbitration of disputes between citizens.
8. Constitutions can commit states to particular social,
economic or developmental goals. This may take the
form of judicially enforceable socio-economic rights,
directive principles that are politically binding on the
government, or other expressions of commitment or intent.
IMPORTANCE OF CONSTITUTION:
Each state has a Constitution which lays down the organisation,
powers and functions of the Government of the State. The
government always works according to the Constitution, no law or
order of the government can violate the Constitution. Constitution
is the supreme law and all government institutions and members
are bound by it.

Constitution enjoys supreme importance in the state

because:
1. It reflects the sovereign will of the people.

2. It lies down of the aims, objectives, values and goals which the
people want to secure.

3. It contains description and guarantee of the fundamental rights

of the people.

4. It gives a detailed account of the organisation of the

government. The organisation, powers and functions of its three
organs of the and their interrelationship.

5. In a federation, the Constitution lays down the division of powers

between the central government and the governments of the
federating states/provinces. It is binding upon both the centre and
the state governments.

6. It specifies the power and method of amendment of the

Constitution.

7. It lays down the election system and political rights of people.

8. It provides for independence of judiciary and rule of law.

9. The constitution governs all and no one can violate its rules.

Every democratic Constitution guarantees to the citizens a

protection against arbitrary governmental actions. A democratic
state, like India, has a written and supreme constitution which
binds all its people and their government.

ESSENTIALS OF A GOOD
CONSTITUTION

It is possible that a particular type of constitution may prove useful for a particular
country, but for another country it may not prove useful. For example, a federal
constitution is suitable for India, but it is not suitable for Nepal, Myanmar and
Pakistan. It depends on the social and economic set up of the country. Every
state has a right to decide and frame its own constitution. A good constitution
must have the following qualities.

1. Clarity or defi niteness:  Every clause of the constitution should be written in

simple language. It should express its meaning clearly without leaving any scope

for confusion.

2. Brevity: The constitutions should not be too lengthy. It should contain only

important things. But this brevity should not lead to gap in Constitution, leaving

some issues unexplained.

3. Comprehensiveness:  The constitution should be applicable to the whole

country. If it is a federation then it must demarcate the structure and power of

the centre and provincial governments.

4. Flexibility: The constitution should not be too rigid to hinder the process of

amendment when needed.

5. Declaration of rights:  A good constitution must contain the fundamental

rights of the people. In the constitution of countries like India, Russia, China,

America and Japan such declarations have been made.

6. Independence of judiciary:  Independence of judiciary is another quality of a

good constitution. The judiciary should function freely and act as the guardian of

the fundamental rights of the people without fear.

7. Directive Principles of State Policy:  Directive Principles of the State Policy

must fi nd a mention in a good constitution because it helps the creation of a

welfare state. These principles also serve as a blessing for the government.

Most of the qualities above are available in the constitution of India.

CLASSIFICATION OF
CONSTITUTIONS

The nature of a constitution of a country determines the

name ascribed to it. This will also determine the category
it belongs to for the purposes of critical analysis,
comparison and better understanding of the
characteristic feature of the type and nature of
government operated under the constitution. The
following categorization that will be discussed in this work
is not sacrosanct. As a matter of fact, country may fall
into more than one of the types due to the practice of its
government. For example, a country with a written
constitution may as well be operating a rigid constitution
and may, at the same time, be a federal constitution. All
these categories are combinable in a particular system of
government. So, open your mind wide to understand the
types and study the necessary comparison made from
them to be able to distinguish appropriately the various
types of constitution that can exist.

CLASSIFICATION OF
CONSTITUTIONS IN THE
CONTEXT CONSTITUTIONAL
LAW
Introduction
The nature of a constitution of
a country determines the
name ascribed to it. This will
also determine the category it
belongs to for the purposes of
critical analysis, comparison
and better understanding of
the characteristic feature of
the type and nature of
government operated under
the constitution. The
following categorization that
will be
discussed in this work is not
sacrosanct. As a matter of
fact, country may fall into
more than one of the types
due to
the practice of its
government. For example, a
country with a written
constitution may as well be
operating a rigid
constitution and may, at the
same time, be a federal
constitution. All these
categories are combinable in
a particular
system of government. So,
open your mind wide to
understand the types and
study the necessary
comparison made
from them to be able to
distinguish appropriately the
various types of constitution
that can exist.

WRITTEN CONSTITUTION
A written constitution is normally supposed to mean a document or a collection of
documents in which the basic rules regarding the main organs and institutions of
government are clearly laid down.

A written constitution is a deliberate creation and it is a consciously planned

system. It may be created by a constituent assembly or a convention.
 A written constitution may be single document having one date. Such is the case of
India, Myanmar and United states.

It may be in a series of documents bearing different dates. This is the case with
France, Australia etc. The French constitution under the Third Republic was
fragmentary and did not consist of one single document.

Merits of a Written Constitution

1. The most important merit of a written constitution is that it is very defi nite.

There is not uncertainty. The constitution provides all fundamental principles in

written and people can refer to it as and when they want. As the powers and

organization of the various organs are well defi ned there is very little scope for

confusion and disputes. If a dispute arises it can be referred to the judiciary.

2. As written constitution is drawn with great care and after long deliberation. It

means it is the result of experience and knowledge. There is no place for temporary

emotions and hasty decision.

3. A written constitution protects the rights of the individuals. Rights are

incorporated in it making them superior to the ordinary law and saving them from

being change by diff erent government from as they wished.

4. It checks the constitution from being twisted and turned according to popular

whims and emotions. This gives a guarantee of stability.

5. A written constitution is stable and guides through diffi cult situations. It is

more suitable for emergency period.

6. For a federal government written constitution is more suitable because there

is provision for the central and state power separately.

Demerits of a written constitution

1. Generally, written constitutions are diffi cult to amend, thus introducing

rigidity and conservatism.

2. In a written constitution, judiciary is quite conservative and interpretations

are merely to see whether a law follows the constitution or not. This might strangle

a nation, which needs to change according to the times.

3. It tries to encompass all rules and ideals of a nation, which may not be

suitable for all the ages. Thus, the future growth may be neglected.

4. It sometimes becomes too exhaustive leading to legal jugglery.

 UNWRITTEN CONSTITUTION
An unwritten constitution reflects the evolutionary nature of free documentation of
the rules and regulations. First, they are practiced and then by continuous practice,
they become part of the constitution. The constitution of Britain is the best example
of an unwritten constitution.

Unwritten constitution is the result of long process and natural growth of political
constitutions of the country. There are no single document/documents, which
contain it; though many sources may be found describing it. There may be some
written documents but their proportion is much smaller than the unwritten
elements.

Merits of Unwritten Constitution

1. They are quite easily adaptable to changing circumstances. Law can be added

as and when required. There is no limitation of any pre-documented constitutional

law. Thus, they are progressive.

2. They are fl exible and people can bring about changes without undertaking

revolutions. As these constitutions evolve themselves with the changing time, public

opinion fi nds suitable place in constitution and it terminates possibility of

revolution.

3. Unwritten constitution can undergo changes, without basic framework being

side-lined. This is useful especially in case of unforeseen situation.

4. Historically they seem to stand the test of times and keep up the traditions of

a nation state as it is said about the British constitution that it has unbroken

history. It’s a continuous process of development.

Demerits of unwritten constitution

1. The serious defect of an unwritten constitution is that it is vague and

indefi nite.

2. Common man may not understand the constitutional system of the country. He

cannot refer to any document in which he can fi nd all that he requires to understand

the structure of the government of his country.

3. An unwritten constitution requires a very high degree of political

consciousness among the people to understand its spirit, and ordinarily that is not

easy to fi nd.

4. Sometimes unwritten constitutions are quite unstable.

5. The judiciary may play more role than is warranted. It becomes the playthings

of judicial tribunals. The judiciary can interpret the unwritten laws as it suited to its

desire and will.

6. It is also opposed that an unwritten constitution is not suited to democracies.

The masses need a well- defi ned document under which they have to live. They may

be suited for aristocratic societies but not for democracies.

DIFFERENCES BETWEEN THE

WRITTEN CONSTITUTION AND THE
UNWRITTEN CONSTITUTION
Written Constitution
Unwritten Constitution

Written constitution is found in legal An unwritten constitution consists of

documents duly enacted in the form principles of the government that
of laws. have never been enacted in the form
of laws.

It is precise, defi nite and systematic. It is unsystematic, indefi nite and un-
It is the result of the conscious and precise. Such a constitution is not the
deliberate eff orts of the people. result of conscious and deliberate
eff orts of the people.

It is framed by a representative body It is not made by a representative

duly elected by the people at a constituent assembly. So, it is
particular period in history. sometimes called an evolved or
cumulative constitution.

It is always promulgated on a specifi c It does not have a specifi c date, as it

date in history. is evolved in course of time.

The Constitution of India is the best The constitution of England is the

example of written constitution best example of an unwritten con -
(promulgated on 26th January 1950) stitution.

A written constitution is generally Unwritten constitution is not rigid

rigid and its amendments need and its amendments DO NOT need
constitutional laws.  In other words, a any laws.  In other words, a
distinction between constitutional law distinction between constitutional
and ordinary law is maintained. The law and ordinary law is NOT
fi rst is regarded as superior to the maintained.
second.

A written constitution may also be Unwritten constitution may also be

 Written Constitution
Unwritten Constitution

termed as an enacted constitution. termed as an un-enacted

constitution.

The evolution of Indian constitution The foundation of the English

started during the British rule in Constitution was laid in the 13th
India. Indian constitution was framed century by King John, who issued the
by constituent assembly with a group fi rst charter of British freedom known
of members who pursued to improve as the Magna Charta. Since then it
the existing conditions prevailing in has been in the process of making
India and other countries through conventions and usages.

Modern written constitutions owe their origin to the Charters of liberty granted by
the kings in middle Ages. But the first written constitution framed by a
representative constituent assembly was that of the United States of America. This
example was followed by France. During the 19th century a number of states
framed their constitutions, all of which were written, an exception among them is
the constitution of England.

FLEXIBLE CONSTITUTION
Famous political writer, Bryce has suggested that the classification of the
constitution should be based on the method of amendment to the constitution and
its relation to the ordinary or statutory law. Under this scheme there are two types
of constitution. -flexible and rigid.

In a flexible constitution there is no distinction between ordinary law and

constitutional law. Both the laws are enacted in the same manner and their source
is also same. In this type, the constitution may be written or mainly based on
agreements.

The amendment of the flexible constitution requires no special procedure. The

constitution of Britain is a classic example of a flexible constitution. The Parliament
in Britain is sovereign. Here,

1. There is no law which parliament cannot make.

2. There is no law which parliament cannot unmake.  

3. There is no clear distinction between laws which are fundamental or

constitutional and laws, which are not.

4. In Britain constitutional changes can be made by following the same way as

an ordinary law is enacted.

5. The courts have no authority of review. They cannot nullify any enactment of

parliament.

Merits of a fl exible constitution

 A fl exible constitution can be amended with the same ease and facility with

which ordinary laws are altered. It makes possible the adjustment of the

constitution to the changing needs of the society.

 A fl exible constitution can easily adopt the needs of people with the change of

time because of its elasticity. When the demands of people are fulfi lled by the

constitution there is hardly any chance of revolution.

 A fl exible constitution is very useful for developing a country, because it is a

great expression of its development. It does not hinder progress due to its

adaptability. At the same time, it protects the basic principles of the constitution.

 A fl exible constitution is based on the sound assumption of some socio-

political change and premise that there cannot be a perfect constitution for all

times, to tackle the socio-political changes.

 Flexible constitution is shaped by the conventions of national life. It

represents the historical continuity of the nation’s life and incorporates changes

within itself.  

 A fl exible constitution can claim to feel the pulse of public opinion. It

represents the minds of people.

Demerits of a fl exible constitution

Due to its flexible nature the constitution keeps on changing. The constitution may
be changed just to satisfy the people who are in majority ignoring the welfare of
minority.

It fails to provide a stable system in administration, which results in the poor

performance of the government.

When the procedure of amendment is simple and easy, it is liable to be seriously

affected by ever changing popular passion. And popular passions are guided by
emotions, not by reasons. These decisions, which are based on emotions, may
disturb the harmony and balance of a nation. It may divide the society and there
may be a possible threat to the integration of the nation itself.
 Flexible constitution is not suitable for a federal system, because the rights of
constituent units are not guaranteed due to flexible nature of the constitution.

There are two possibilities if a federation is having fl exible constitution.

1. The units may lose their independence and freedom and centre may become

more powerful, which is against the spirit of federal system.

2. The units may act very independently without respecting the constitution, as

it is not stable.

As the constitution can be changed by following a simple procedure, there is no

guarantee that fundamental rights will not be disturbed. Any government can very
easily change the provision of fundamental rights or even may delete it from the
constitution.

Rigid Constitution
Rigid constitutions are those, which require a special procedure for the amendment.
The constitutions of USA, Australia and Switzerland are the best examples of a rigid
constitution. The rigid constitution is above the ordinary law and can be changed by
a procedure, which is different from the procedure of ordinary law, thus making it
 difficult to change. The objective is to emphasize that the constitutional law
embodies the will of the sovereign, and it should be treated as sacred document.

American constitution is the best example of a rigid constitution. A rigid constitution

is always written.

Merits of Rigid Constitution

1. A rigid constitution possesses the qualities of stability and performance. ‘A

rigid constitution is essentially a written constitution which is the creation of

experienced and learned people. Thus, it is the symbol of national effi ciency. People

regard it as a sacred document and they are ready to work according to its

provisions.

2. A rigid constitution safeguards legislative violation, Constitution should not be

a plaything in the hands of legislatures.

3. A rigid constitution safeguards fundamental rights eff ectively. Fundamental

rights are part of constitution. No legislature can tamper them, because they are

superior to ordinary law.

4. A rigid constitution protects the rights of minority. Minorities cannot be

expected to agree to their rights being endangered by a majority action. If the

majority ventures it, the judges perform their function of guardianship.

5. A rigid constitution is free from dangers of temporary popular passion.

Because of complex amendment procedure the constitution may not be swept away

by the emotions of the people which in most of the cases are not based on wisdom

and reasoning.

6. A federal set up of government essentially needs a rigid constitution for the

safety of the rights of the units as well as for the strength and integration of the

federation.

7. Under rigid constitution units of a federation feel secure and at the same time

there is a check on their activities also in order to stop them from violating each

other’s jurisdictions.

Demerits of Rigid constitution

1. Sometimes changes in the constitution become inevitable but a rigid

constitution cannot be amended easily.

2. The framers of constitution have hardly foreseen the future. A rigid

constitution is not suitable for a progressive nation where changes take place

frequently.

3. Under the rigid constitution, the main concern of the judiciary is to see

whether the law obeys the provisions of the constitution or not.

DIFFERENCES BETWEEN THE FLEXIBLE

CONSTITUTION AND THE
RIGID CONSTITUTION

Flexible Constitution Rigid Constitution

A fl exible constitution can A rigid constitution cannot be

be amended with great amended easily. It has very complex
ease, just like the ordinary amendment procedures
laws.

A fl exible constitution can A rigid constitution cannot be

be adjusted as per the adjusted according to the changing
changing needs of the needs of the society. No legislature
people and society. can tamper them, because they are
superior to ordinary law.

A fl exible constitution is A rigid constitution is essentially a

very useful for a developing written constitution which is the
country as it would not creation of experienced and learned
hinder the progress due to people. Thus, it is the symbol of
its adaptability. national effi ciency.

A fl exible constitution A rigid constitution does not refl ect

refl ects the changing pulse the changing pulse of the public
of the public opinion. In opinion. In other words, it
other words, it represents represents the minds of the
the minds of the people. experienced and learned people who
initially framed it.

A fl exible constitution grows A rigid constitution does not grow

and expands as the nature and expand. People regard it as a
matures. sacred document and they are ready
to work according to its provisions

A fl exible constitution is According to this, a constitution

based on the sound should not be a plaything in the
 Flexible Constitution Rigid Constitution

assumption that there hands of legislatures. So, a rigid

cannot be perfect constitution is based on the
constitution for all times. assumption that it is perfect
constitution for all times.

Whatever merits and demerits a rigid constitution has the fact is that modern
tendency is to have a written and a rigid constitution. There is a future for rigid
constitution having some elements of flexibility in it. As the constitution of India is
having elements of flexibility as well as rigidity, this may provide an ideal path for
forth coming generations.

EVOLVED AND ENACTED

CONSTITUTIONS
 
An  evolved  constitution is the result of the growth of rules,
which have been developed with the time, added one by one as
and when the need was felt.
 
It is the product of accumulated material, which has moulded
and shaped the political institution of the country. Such a
constitution is not made, it grows with its roots in the past, it is
nothing but, a collection and continuation of customs, usages,
traditions, principles and judicial decisions.
 
The enacted constitution is the result of the deliberate effort of
man. It is consciously made. It may be made by a constituent
assembly or by the command of sovereign authority, king or
parliament. The features of an enacted constitution are
embodied in a document or in a series of documents.
Constitutions are now divided into written and unwritten
instead of evolved and enacted.

UNITARY CONSTITUTION
A unitary constitution is one which lodges all the authority and powers in a single
Centre, whose will and agents are omnipotent over the whole area. This type of
constitution or in the UK, France, China, Ceylon, Japan, Italy, Belgium, Pakistan and a
good number of other countries. The features of unitary constitution are

(1) No division of powers. There is one supreme legislature in the whole country for
example, the British Parliament is the supreme law-making authority in the UK Thus
all the powers are concentrated

(2) In a unitary constitution, powers and authority are not provided to the local units.
They are mere administrative agents of the Central Government. The local units
derive powers from the central government which may enlarge or restrict it at its
will and pleasure. It is for the sake of administrative convenience that the unitary
states are divided into units known variably as departments as in France and
countries like in UK

(3) The unitary constitution need not be written constitution It may be either written
like in France or unwritten like in the UK

(4) A unitary constitution is flexible on. The central government can amend the
unitary constitution through ordinary law-making procedure.

(5) The unitary constitution provides single citizenship.

(6) Under a unitary constitution there may be or may not be an independent
judiciary as there is no possibility of conflict of jurisdiction between the centre and
the units

Merits of Unitary Constitution :

(1) Provides a strong government.

(2) Ensures uniformity of law and administration

(3) Possesses greater flexibility

(4) Provides for less expensive and simple  organisation

Demerits of Unitary Constitution

(1) Makes the central government despotic.
(2) Local problems are ignored and neglected     
(3) Crushes initiative of the people
(4) Not suitable to big countries consisting large population with heterogeneous
nature.

Federal Constitution
The term 'federal' is arrived from the Latin word foetus which means treaty or agreement. A
federation is an association of States, which are desirous for union, homogeneity, geographical
closeness and equal status. The constitution of such a federation is called the 'federal
constitution' The constitutions of the USA, Mexico, Brazil and many larger countries.

A federal constitution is one in which the powers are divided between the Centre and State and
both are autonomous within their allotted sphere. A federal constitution is one which provides a
political contrivance intended to reconcile national unity with the maintenance of state rights.:

Federal constitution provides a dual government-one at the Centre and the other in the State.
Both the centre and the state authorities function within the same geographical boundaries of a
country

Federal constitution divides the powers among the central and state authorities, Generally
subjects of national importance such as defence, currency, foreign affairs, etc. are vested in the
centre and subjects of local importance such as agriculture, health, education, police, etc. are
entrusted to the states

The federal constitution is written and rigid and are supreme as both central and state
authorities work under the constitutional authority

The federal constitution provides independent judiciary in the country which resolve the conflicts
between the centre and the units as well as the units themselves,

Federal constitution provides bicameral legislature. Generally the Lower House gives
representation to the people whereas the Upper House gives representation to states.
The federal constitution provides double citizenship, i.e., the citizenship of the federation and
the respective state.

A federal constitution provides the inclusion of fundamental rights of individuals

Merits of Federal Constitution

(1) Reconciles national unity with local authority
(2) Heads to administrative efficiency
(3) Based on the basic philosophy underlying the federation is cooperation and union
(4) Suitable for large areas

Demerits of Federal Constitution

(1) Leads to form a weak government
(2) Provides for conflicts between the centre and states and among states themselves
(3) Leads for more expensive and complex types of governments
(4) More rigid and so cannot be changed according to the requirements of the time

Semi-federal Constitution
A semi-federal constitution is one which is neither wholly a
federal constitution or wholly a unitary constitution; but
combination of the two. Indian constitution is an example for a
semi-federal constitution as it is federal in form but unitary in
spirit
Federal features of the Indian Constitution are :
(I) the existence of dual government
(ii) distribution of powers between centre and states;
(iii) independence of judiciary,
(iv) rigid and written form of constitution

Unitary features of Indian constitution are :

(I) in times of emergency, the President can take over the
administration of any state;
(ii) in times of national emergency, the President can assume
extraordinary powers;
(iii) only one citizenship under the constitution 
(iv) a single unified judiciary:
(v) except in specified matters, Parliament can amend the
constitution alone
(vi) the State Governor, under the constitution, are to be
appointed by the President
The constitution of India does not strictly conform to the federal
features, because it consists of federal polity with strong unitary
tendencies as listed above.

Confederal Constitution
The term 'confederation' is derived from the Latin word 'Foedus' which means
treaty or agreement. A confederation is an association of sovereign states formed
for promoting security at strength in foreign relations. The member states retain
their sovereignty and they do not create a new state but form as a union A
confederation is a weaker type of union than a federation. It is looser in
organisation. Any member state may withdraw from the membership of the
confederation. They have their sovereign government and laws. As per A.B. Hall,
a confederation is a union strictly of independent states which consent to forgo
permanently a part of their liberty of action for specific objects and they are so
combined under a common government that the latter appears to the exclusion as
the international treaty. A confederation is formed under an approved constitution.
Such constitution is a confederal constitution.

The German confederal constitution was there in Germany from 1815 to 1966.
The Swiss confederal constitution from 1918 to 1840 and the American confederal
constitution from 1781 to 1789.
According to the German confederal constitution a 'diet' came into existence in
Germany consisting of representatives of the members of the confederation. The
diet was given paramount power in matters relating to defence and foreign affairs.
There was no common executive in the federation, though there was a machinery
to settle interstate disputes. The constitution of German confederal constitution
passed into a federal constitution of Germany in 1866. According to the Swiss
confederal constitution, three mountain cantons formed for a purpose of common
defence a confederation 1621, which gradually developed into the present
federation of Switzerland in 1840.

According to American confederal constitution, confederation was organised in

1781 for common defence, the states in America retained, for all practical
purposes, their complete independence. There was a congress consisting
delegates from the states which was empowered to manage affairs relating to
peace and war and handle foreign relations. The congress had no power
to compel a state to carry out its decisions. The American confederation did not
possess any executive or judicial organ. The American confederation slowly
passed into a federation in 1789. At present European union' a supranational and
intergovernmental confederation or union is going to have a confederal
Constitution
Some 27 European States formed a confederation of European Union in 1992 and
drafted a constitution and it is being accepted by legislatures of different member
states or by referenda. The present-day living example of confederation is the
“European Union Constitution'. With a European Parliament consisting the elected
members of different member states. Out of 27 member States two countries,
namely, France and Netherlands rejected and 7 countries are pending as on 9
May, 2007.

BIBLIOGRAPHY
1. Academia.edu
2. Wikipedia.org
3. DR S.R Myneni’s Political Science
4. Sir E. Baker’s Principal of Social And Political theory
5. D. Helds’ Political Theory