Written vs Unwritten Constitution
Elaboration
- Written (codified) constitution: Contained in one or more documents drawn up at a particular time. Examples: India, USA, Canada, Japan. Merits: clarity, certainty, supremacy, rights protection, judicial review. Demerits: rigidity, difficulty adapting.
- Unwritten (uncodified) constitution: Not found in a single document; arises from statutes, conventions, common law, court decisions and historic documents. UK is the classic example: Magna Carta (1215), Petition of Right (1628), Habeas Corpus Act (1679), Bill of Rights (1689), Act of Settlement (1701), Parliament Acts (1911, 1949), plus conventions. Merits: flexibility, adaptability. Demerits: uncertainty, risk of abuse.
- Not strictly binary: The UK has some written laws; India (written) also relies on constitutional conventions (e.g., President acts on ministerial advice even before the 42nd/44th Amendment made it explicit; leader of the majority party becomes PM; Rajya Sabha is not dissolved; Speaker's neutrality).
- Legal implications: UK Parliament is sovereign and can change the constitution by an ordinary law; India's Parliament is bound by the Constitution and judicial review.
- Evolved vs enacted: Constitutions may be enacted (India, USA) or evolved (UK).
- Rigid vs flexible: Written ≠ always rigid (New Zealand), Unwritten ≠ always flexible. India = partly rigid, partly flexible.
Key points to remember
- UK = unwritten, flexible, evolved; USA = written, rigid, enacted; India = written, mixed rigidity, lengthiest.
- India has both written text and unwritten conventions.
- Dicey: UK has parliamentary sovereignty; India has constitutional supremacy.
- Magna Carta = 1215; Bill of Rights = 1689.
PYQ / MCQ
1. Which of the following has an unwritten constitution?
(a) USA
(b) UK
(c) India
(d) Japan
Answer: (b)
2. Which is a convention (not written law) in the Indian system?
(a) PM must have majority in Lok Sabha
(b) Art 74
(c) Art 352
(d) Schedule 10
Answer: (a)
3.Which statement is correct?
(a) Written constitutions cannot have conventions
(b) Unwritten constitutions are always rigid
(c) The UK's constitution is largely uncodified
(d) India's constitution is unwritten
Answer: (c)