Know everything about Written and Unwritten Constitution (लिखित एवं अलिखित संविधान) | EFFORT IAS

What is a Written Constitution?

A written constitution is a formal document that defines the structure, powers, and limitations of government. It serves as a reference point for the legal framework of a country. One of the best-known examples of a written constitution is the Indian Constitution, which was drafted and formally adopted in 1950.

Key Characteristics:

• Written down in a single document.
• Amendments must follow a formal process.
• Provides clarity on governmental powers.

Written constitutions are typically rigid, requiring a complex procedure to make changes. This offers stability and security, ensuring that core principles are not easily altered.

Understanding the Unwritten Constitution

Unlike written constitutions, unwritten constitutions are based on traditions, precedents, and legal frameworks that evolve over time. The British Constitution is a prime example, relying heavily on common law and legislative acts.

Key Characteristics:

• Based on historical documents, customs, and judicial decisions.
• Flexible and adaptable to change.
• Lacks a single codified document.

This flexibility allows for quicker changes, but it may also lead to ambiguity regarding governmental powers, potentially resulting in disputes.

Key Differences Between Written and Unwritten Constitutions

Both types of constitutions offer unique advantages and limitations. A written constitution provides legal clarity, while an unwritten constitution offers flexibility. However, the lack of codification in unwritten constitutions can create legal uncertainty.

Flexibility vs. Rigidity

Unwritten constitutions tend to be more flexible. For instance, the British Constitution allows for rapid changes through parliamentary acts. Written constitutions, like India’s, are more rigid, ensuring stability by requiring formal amendments.