⚖️ Polity — Constitution

Written vs Unwritten Constitution

Admin 07 Oct 2026 2 views

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)


All Notes Test Yourself — Take Quiz
💬