1.Constitution and Constitutional Government, Unitary, Federal, parliamentary and Presidential.

Constitution
This makes easy the meaning of a written constitution. A written constitution is a consciously planned system, a constitution
formulated and adopted by a deliberate creation, a Constituent Assembly or a Convention.
The Constitution of India was formulated and adopted by the Constituent Assembly of India. The Preamble of the Constitution
begins with the words, “We the people of India having solemnly resolved to constitute India into a Sovereign Democratic Republic”
and ends with the words, “In our Constituent Assembly this twenty-sixth day of November 1949, do hereby adopt, enact and give to
ourselves this Constitution.”
Michael Curtis assigns five major reasons for the existence of written constitutions:
1. They are the sign of successful internal revolution against the former rulers as in the Soviet Union; or revolt against external
rulers as in the United States.
2. They signify the existence of a regimae after the downfall of the previous regime in war or internal collapse. Examples are
France of the Third and Fourth Republics or post-war Italy and Germany.
3. They illustrate concessions made by ruling groups or rising groups in the community, as in France in 1814 or in post-war
Morocco, where democratic institutions were established while the authority of the monarchy was reinforced.
4. They mark the creation of a regime formed by a union of hitherto separate units, as in federal or confederal regimes.
5. They are signs of independence granted by a former colonial power or military victor as the British Commonwealth countries
whose constitutions are formally statutes of the British Parliament.”

Constitutional government
Constitutional government is defined by the existence of a constitution—which may be a legal instrument or merely a set of fixed
norms or principles generally accepted as the fundamental law of the polity. The core element of constitutional government is, of
course, the existence of a "Rule-of-Law" or set of “basic laws” that binds both public office-holders and all members of a society
(i.e. citizens) within a given territory. Presently most states avail of a constitution
The core element of constitutional government is, of course, the existence of a "Rule-of-Law" or set of “basic laws” that binds both
public office-holders and all members of a society (i.e. citizens) within a given territory. Presently most states avail of a constitution,
which directs the organization of the state, the relations between the public offices within the state, as well the human and civil
rights of the individual. Constitutional governments, however, do not perform in the same manner everywhere.

Federal and Unitary Governments

In a unitary government there is a single integrated authority and the entire territory of the State forms one single political unit.
For administrative convenience, it may be divided into various subdivisions, but they are created, their powers defined and their
forms of organisation determined by the central government.
Federation is a device towards union and not unity. While making a union, the hitherto sovereign States still desire to retain their
individuality, and for that matter, all issues involved are decided by common agreement and all this is incorporated in the
Constitution of the newly established State.
The Constitution clearly defines the jurisdiction of the two sets of government, national and regional, it establishes and any change
desired to be made therein can be effected by amending the Constitution in accordance with the prescribed procedure.
It means equality of status between the two sets of government and this is one of the cardinal principles of a federal polity. In a
unitary government, it is not so. The central government is supreme and its various political sub-divisions are subordinate to it. The
central government can make and unmake them, enlarge or diminish their authority at will, as and when it deems necessary. In a
federation, the Constitution is supreme.
All cases of conflict of jurisdiction between the central government and the units of a federation or between one unit and another
are decided by an impartial judiciary, called the Supreme or the Federal Court. It is the guardian of the Constitution and it can
declare any law, federal or that enacted by any of the units, or an executive order unconstitutional and, consequently, inoperative.

Presidential system
A presidential system is a democratic and republican system of government where a head of government leads an executive
branch that is separate from the legislative branch. This head of government is in most cases also the head of state, which is called
president.
In presidential countries, the executive is elected and is not responsible to the legislature, which cannot in normal circumstances
dismiss it. Such dismissal is possible, however, in uncommon cases, often through impeachment.
The title "president" has persisted from a time when such person personally presided over the governing body, as with the
President of the Continental Congress in the early United States, prior to the executive function being split into a separate branch of
government.

Parliamentary system
A parliamentary system of government means that the executive branch of government has the direct or indirect support of the
parliament. This support is usually shown by a vote of confidence. The relationship between the executive and the legislature in a
parliamentary system is called responsible government.
The separation of powers between the executive and law making branches is not as obvious as it is in a presidential system. There
are different ways of balancing power between the three branches which govern the country (the executive (or ministers), the law
makers and the judges).
What is the difference between Unitary and federal forms of government?
Their distinctive feature and comparative merits and demerits are given as follows.
Unitary Government
1. Concentration of Powers:
A unitary government is one in which all the powers of administration are vested in a single centre. The centre is supreme.
2. Single Government:
In a unitary government, there is a single set of governmental apparatus. There is a single supreme legislature, single executive
body and one supreme judiciary.
3. Written or unwritten Constitution:
A unitary government may or may not have a written constitution. As for example, England and France are unitary states.
4. Rigid or Flexible Constitution:
Unlike a federation, a unitary state may or may not have a rigid constitution, e.g., the constitution of England is flexible but that of
France is slightly rigid.
5. No Special Judiciary:
There is no need of having a special judiciary with wide powers of judicial veto in a unitary government.
1. Division of Powers:
In a federal government the powers of administration are divided between the centre and the units.
2. Separate Government:
In a federation both the federal and state governments are independent and autonomous in the spheres of their powers. ‘One is not
subordinate to the other.
3. Written Constitution:
A federal government must have a written constitution.
4. Rigid Constitution:
The constitution of a federation should be more or less rigid. It is regarded as a sacred agreement,.

What are the Merits and Demerits of a Unitary State?

UNITARY STATE
Merits:
A Unitary Government has several distinct merits:
1. Strong Government:
It is a source of strong, stable, all-powerful government.
2. Single Administration:
It ensures single uniform administration for the whole of the state.
3. Simple and Less Expensive System:
The system deserves special praise for its simplicity and less expensiveness.
4. Flexibility in Administration:
The administration of a unitary state is flexible and can easily adapt itself to the changing social needs and environment because
the central government can amend the constitution as and when required.
5. Suitable for small states:
A unitary government, because of its simplicity, less expensiveness and strength, is ideally suitable for small states.
Demerits:
1. Centre Government is Excessively Powerful:
First, the unitary system provides for the creation of an all-powerful central government with full centralisation of powers.
2. Ignores Local Needs:
Another valid point is that because of being located at the centre and faced with pressing national problems, it very often fails to
satisfy local needs.
3. Unsuitable for Big States:
The unitary system is suitable only for small and homogeneous states. For big states or states with racial, linguistic, cultural,
religious and regional diversities, federal system alone can be suitable.

What are the merits and demerits of Federal Government?

Federal Government
1. Powers are distributed between the centre and the units.
2. Both the centre and the units have separate government.
3. It must have a written and rigid constitution.
4. A special federal judiciary should be there to interpret the constitution.
Demerits
1. It is inefficient because of diversity of law and administration.
2. There is always a tug-of- war between national and local interests.
3. It is highly expensive.
Merits
l.It is suitable for countries having a diversity of race, religion and language.
2. Local needs are met with effectively.
3. Responsibilities of the central government are lessened.
4. People get training in the art of self-government.
5. Small states can have dignity and be safe from foreign aggression.
ORGANS OF GOVERNMENT
Legislature: Meaning, Functions and Types of Legislature
Legislature: Meaning, Functions and Types of Legislature!
Of the three organs of the government, the place of primacy belongs to the Legislature. The function of government begins by law-
making and is followed up by law-enforcement and adjudication functions. As such, the legislature is the first organ of the
government.
1. Legislative or Law-making Functions:
The first and foremost function of a legislature is to legislate i.e. to make laws. In ancient times, laws used to be either derived from
customs, traditions and religious scriptures, or were issued by the kings as their commands. However, in the contemporary era of
democracy, legislature is the chief source of law.
2. Deliberative Functions:
To deliberate upon matters of national importance, public issues, problems and needs is an important function of a modern
legislature. Through this function, the legislature reflects the public opinion over various issues. The debates held in the legislature
have a great educative value for the people.
3. Custodian of National Finances:
A near universal rule is that “the legislature of the state is the custodian of national purse.” It holds the purse of the nation and
controls the finances.
.4. Control over the Executive:
A modern legislature has the power to exercise control over the executive. In a parliamentary system of government, like the one
which is at work in India.
5. Electoral Functions:
A legislature usually performs some electoral functions. The two houses of the Indian Parliament elect the Vice-President. All
elected MPs and MLAs form the Electoral College which elects the President of India. In Switzerland, the Federal Legislature elects
the members of the Federal Council (Executive) and the Federal Tribunal (Judiciary).

Executive: Definition, Functions and Types of Executive

The second but most powerful organ of the government is the Executive. It is that organ which implements the laws passed by the
legislature and the policies of the government. The rise of welfare state has tremendously increased the functions of the state, and
in reality of the executive. In common usage people tend to identify the executive with the government. In contemporary times,
there has taken place a big increase in the power and role of the executive in every state.
Two Parts of Executive: Political Executive & Permanent Executive: Distinction:
(i) The Political Executive (Ministers):
:(ii) The Non-political Permanent Executive (Civil Servants):
Functions of the Executive:
1. Enforcement of Laws:
The primary function of executive is to enforce laws and to maintain law and order in the state.
2. Appointment-making Functions:
All major appointments are made by the chief executive. As for example, the President of India appoints the Chief Justice and other
Judges of the Supreme Court and High Courts. Ambassadors, Advocate General of India, Members of Union Public Service
Commission, Governors of States etc.
3. Treaty-making Functions:
It is the responsibility of the executive to decide as to which treaties are to be signed with which other countries.
4. Defence, War and Peace Functions:
One of the key functions of the state is to defend and preserve the unity and integrity of the country and protect it in the event of an
external aggression or war. It is the responsibility of the executive to undertake this work.
5. Foreign Policy-making and the Conduct of Foreign Relations:
In this age of ever-increasing global interdependence, it has become one of the most important functions of a government to
formulate the foreign policy of the state and to conduct foreign relations. This function is also performed by the executive.

Judiciary: Functions, Importance and an Essential Quality of Judiciary

The Judiciary is the third organ of the government. It has the responsibility to apply the laws to specific cases and settle all
disputes. The real ‘meaning of law’ is what the judges decide during the course of giving their judgements in various cases. From
the citizen’s point of view, Judiciary is the most important organ of the government.
Functions of Judiciary and Its Importance:
1. To Give Justice to the people:
The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it. It awards
punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people.
2. Interpretation and Application of Laws:
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that
come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific
case. This function is performed by the judges. The law means what the judges interpret it to mean.
3. Role in Law-making:
The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of
the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations
which really define the laws.
4. Equity Legislation:
Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their
sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is
usually termed as equity legislation.
5. Protection of Rights:
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of
the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow
citizens. In all such cases, it becomes the responsibility of the judiciary to protect his rights of the people.
Separation of Powers: What is the Theory of Separation of Powers?
The three organs of the government—Legislature, Executive and Judiciary— perform the three essential functions of law-making,
law-application and law- adjudication. This threefold division of governmental functions is universally accepted as the best way of
organizing the government. These three functions are inter-related and inter-dependent. But these are performed by three different
organs.
I. Central Idea of the Theory of Separation of Powers:
The Theory of Separation of Powers holds that the three organs of government must be separate and independent from one
another. Any combination of these three functions into a single or two organs is harmful and dangerous for individual liberty.
Separation of powers of the three organs is essential for the efficiency of the government and the liberty of the people. .
II. Meaning of Separation of Powers:
In simple words, the theory of Separation of Powers advocates that the three powers of the government should be used by three
separate organs. Legislature should use only law making powers, Executive should undertake only law enforcement functions, and
Judiciary should perform only adjudication/Judicial functions. Their powers and responsibilities should be clearly defined and kept
separate. This is essential for securing the liberty of the people.
Main Supporters of the Theory of Separation of Powers:
The British jurist Blackstone and the founding fathers of the American constitution, particularly, Madison, Hamilton and Jefferson,
extended their full support to the theory of separation of powers. They regarded Separation of Powers essential for protecting the
liberty of the people.
Use of Separation of Powers in Modern Constitutions:
The theory of Separation of Powers guided the Declaration of Rights adopted after the French Revolution of 1789. It clearly stated
that, “every society in which separation of powers is not determined has no constitution.”
The real and big support to this theory came from the founding fathers of the Constitution of the USA. They accepted its importance
as the essential safeguard for preserving liberties and property.’ The Constitution of USA adopted the theory of separation of
powers as its guiding principle.
It laid down a governmental structure based on this theory. It gave the legislative powers to the US Congress, the executive powers
to the US President and the judicial powers to the US Supreme Court. Each organ was kept separate from the other two.
The Universal Declaration of Human Rights, as adopted by the UN General Assembly on 10 December 1948, also accepted the
principle of separation of powers. In fact, all contemporary democratic constitutions do provide for a separation of powers in one
way or the other.
Theory of Separation of Powers: Criticism:
1. Complete Separation is not possible:
The government is a single entity. Its three organs can never be completely separated. The legislative, executive and judicial
functions are interdependent and inter-related functions and hence cannot be fully separated.
2. Complete Separation is not desirable:
Complete separation of three organs of government is neither possible nor desirable. It is not desirable because without among
mutual coordination these cannot carry out its functions effectively and efficiently. Complete separation of powers can seriously
limit the unity and coordination needed by the three organs.
3. Impracticable in itself:
We cannot fully use separation of powers. The function of law-making cannot be entrusted only to the legislature. The needs of our
times have made it essential to provide for law-making by the executive under the system of delegated legislation. Likewise, no one
can or should prevent law-making by the judges in the form of case law and equity law.
4. Unhistorical:
The theory of Separation of Powers is unhistorical since it has never been operative in England. While formulating and advocating
this theory,
5. The three Organs of Government are not equal:
The Theory of Separation of Powers wrongly assumes the equality of all the three organs of the government. The legislature of the
state is always regarded as the primary organ of government.
6. Separation of Powers can lead to deadlocks and inefficiency:
Separation of powers can lead to deadlocks and inefficiency in the working of the government. It can create a situation in which
each organ can get engaged in conflict and deadlocks with other two organs.
7. Liberty does not depend only upon Separation of Powers:
The critics reject the view that liberty can be safeguarded only when there is a separation of powers among the three organs of the
government. They argue that in the absence of fundamental rights, independence of judiciary, rule of law, economic equality and a
spirit of democracy, there can be no liberty even when there may be present full separation of powers.
8. Separation of Functions and not of Powers:
The name ‘Separation of Powers’ is wrong because this theory really advocates a separation of functions. Power of the
government is one whole. It cannot be separated into three separate parts. It is at the back of the functions of all the three organs
of government.
The theory of separation of powers is really a theory of separation of functions. Thus, the theory of Separation of Powers has
several limitations. All scholars accept that absolute and rigid separation of powers is neither possible nor desirable. Three organs
of government cannot be and should not be totally separated into unrelated water-tight compartments.
Essay on Election Process in India
Universal Adult Franchise:
The Constitution of India gives every adult (18 years or above of age) the right to chose representatives through the exercise of his
right to vote. There are no conditions attached to this right. Under British rule too, there was some form of representative
government but the right to vote was restricted to around one sixth of adults who would have been eligible under universal
franchise.
Our Constitution has now extended political powers down the common man. The voters exercise their right to vote to elect
representatives to the Lok Sabha, the State Legislative Assemblies and the Local bodies down to the Gram Panchayat.
The Election Process:
The framers of the Constitution were well aware of the importance of free and fair elections in a democracy. The Constitution as
such provides for an Election Commission not answerable to the executive. The Chief Election Commissioner is appointed by the
President and is assisted by a number of other Election Commissioners.
The independence of the Commission is ensured by providing that the Chief Election Commissioner can be removed from office
only though a process of impeachment as prescribed in case of Judges of the Supreme Court.
The Election Commission functions with the help of the staff of the Central and State governments. When deployed on election
duty, these officers and officials of central and State governments are deemed to be on deputation to the Commission. The
Commission is assisted by Chief Electoral Officers who assist in the preparation and revision of electoral rolls.
First past the Post System of Elections:
Elections in India are held under this system. The whole country is divided into constituencies. Voters select a single candidate by
marking against the candidate of their choice or through electronic voting machines. The candidate who secures the highest
number of votes is declared elected.
(He may have secured even less than half of the total votes polled. Consider a situation in which 1000 votes have been polled.
There were 6 candidates in the contest. They secured 140,150,160,170,180 and 200 votes respectively. The candidate securing
200 votes stands selected even though he represents only 20% of the voters. This remains a weakness of the system in which first
past the post is declared winner.)
The system is easy to operate. There is however heavy wastage of votes cast in favor of losing candidates. The Constitution
prescribes the membership strength of the Lok Sabha and the State Legislative Assemblies. The Election Commission is
responsible for preparation and revision of electoral rolls (list of voters for each constituency) and the delimitation of constituencies
(marking of territory for each constituency).
System in Operation:
The Election Commission appoints Electoral Registration Officers in consultation with State governments. They are assisted by
Assistant Registration Officers. The existing electoral rolls are displayed at select places. Any citizen who feels he is eligible but
his / her name does not figure in the list can fill up a form and get his name included in the electoral Roll.
Conduct of Elections:
Whenever the new elections become due, the Election Commission issues a notification to that effect. The various governments in
place are hereafter forbidden from doing any act that might further favor their electoral prospects. The Commission in consultation
with the state administration appoints Returning Officers for the various constituencies from where elections are to be held.
Updating of Electoral Rolls:
Electoral rolls are prepared and updated though the agency of state officials. They are required to do this in addition to their own
duties. Political parties take an interest in getting voters sympathetic to those enrolled. The rest are left to fend on their own. The
initiative does not come from the state authorities or the persons involved in updating the electoral rolls. Issue of voter’s identity
card is still in process.
Features of the Swiss Constitution
Feature # 1. The Preamble:
The Swiss Constitution opens with a Preamble which begins by the words.
In the name of God Almighty, We, the Swiss people and Cantons…… “It expresses the firm resolve to renew the alliance, to
strengthen liberty and democracy, independence and peace in solidarity, and openness towards the world. It expresses
the determination of the Swiss people and Cantons to live our diversity in unity, respecting one another.”
Feature # 2. A Written, Enacted and Adopted Constitution:
The Swiss Constitution is a written and enacted constitution. It was drafted by a committee of the Swiss Parliament in 1848 and
was approved by the Parliament, the Cantons and the people of Switzerland. In a similar way it was totally revised in 1874. This
Constitution operated during 1874-1999.
Feature # 3. A Rigid Constitution:
This Swiss Constitution is a rigid constitution. The process of amendment is specific and complicated. A proposal for a total or
partial amendment of the constitution can come either from the Swiss Federal Parliament or through an initiative sponsored by
1,00,000 voters.
Feature # 4. Bill of Rights:
The Swiss bill of rights is a very detailed bill and incorporates almost all the rights and freedoms which stand recognized as
essential conditions of civilized living and necessary for the enjoyment of the right to life.
Feature # 5. Social Goals:
The Swiss Constitution, under Title 2 Chapter 3 and Article 41 enumerates the social goals before the Swiss Federation. It has
been laid down in Article 41 that the Federation and Cantons will ensure that every citizen should have the benefit of social
security, health care, protection of family, fair and adequate employment and conditions of work, housing and education including
continuing education.
Feature # 6. Democratic Republican Constitution:.
The people elect their representatives and they directly participate in the law-making through the devices of referendum and
initiative. The Constitution also provides for Republicanism in the Cantons. Each Swiss Canton has the right to have a constitution
provided it assures the exercise of political rights according to the Republican form. Article 51 declares, “Every Canton shall adopt
a democratic constitution.”
Feature # 7. Direct Democracy:
Switzerland has been the home of Direct Democracy. Zurcher has rightly written: “Switzerland and democracy have, in recent
years, become almost synonymous.” Since 1848, Switzerland has been working as a direct democracy through such modern
devices of direct legislation—Referendum and Initiative.
Feature # 8. Mixture of Parliamentary and Presidential Forms:
The Swiss system of government is a unique system which encompasses the features of parliamentary as well as presidential
systems. There is a close relationship between the Swiss Federal Parliament and the Swiss Executive. The members of the
executive (Federal Government) participate in the deliberations of the legislature.
Feature # 10. Lack of Independent and Powerful Judiciary:
The Swiss Federal Court is the only federal court and in a way, it has the status of being the Supreme Court of Switzerland.
However, it enjoys a secondary position in the constitutional system. The judges of the Federal Court are elected by the Federal
Parliament for a period of six years, though the convention of re-electing the judges ensures a long tenure for the Judges.
The Judges are responsible before the Federal Parliament. The Federal Court has been given the responsibility to apply laws voted
by the Federal Parliament. It has no power to reject federal laws. It submits an annual report of its working to the Federal
Parliament. Thus, Swiss judiciary occupies a back seat in the constitutional system.
Feature # 11. Dual Citizenship:
The system of double citizenship prevails in Switzerland. The Constitution states that every citizen of a Canton shall be a citizen of
Switzerland. This entitles a person to enjoy the citizenship of his Canton as well as that of the Swiss Federation.
Feature # 21. Rule of Law:
The Swiss Constitution accepts the principle of Rule of Law. Its Article 5 specifies its meaning:
(i) Law is the basis of all activities.
(ii) Law alone can place limitations on all activities.
(iii) State activity must be in public interest and in proportion.
(iv) State institutions and private persons must act in good faith.
(v) The Federation and Cantons always respect International law.
These have all combined to give Switzerland an honourable place in the world, and its Constitution enjoys a unique place in the
world of constitutions.
Features of British Constitution
Mostly Unwritten and Partly Written
By far the most important feature of British constitution is its unwritten character. There is no such thing as written, precise and
compact document, which may be called the British constitution
British Constitution is Evolutionary
The British constitution is a specimen of evolutionary development. It was never framed by any constituent assembly. No precise
date of its birth can be given and no definite body of persons can claim to be its authors, because it is the product of gradual growth
and development. It has an unbroken continuity of development over a period of more than thousand years. Its sources are several
and the course of its development has been sometimes guided by accidents and sometimes by high designs.
Flexible Constitution
The British constitution is a classic example of flexible constitution. It can be passed, amended and repealed by simple majority of
Parliament since no distinction is made between a constitutional law and an ordinary law. Both are treated alike. The element of
flexibility has length the virtue of adaptability and adjustability to the British constitution. This quality has enabled it to grow with the
needs of time.
Unitary
The British constitution has unitary character as opposed to a federal one. All powers of the government are vested in the British
Parliament, which is a sovereign body. The executive organs of state are subordinate to it and exercise delegated powers and are
answerable to it. There is only one legislature. England, Scotland, Wales etc. are administrative units and not political autonomous
units.
Parliamentary Executive
England has a Parliamentary form of government. The King who is sovereign has been deprived of all his powers and authority.
The real functionaries are Ministers who belongs to the majority party in Parliament and remain in office so long as they retain its
confidence. The Prime Minister and his Ministers are responsible to the legislature for their acts and policies. In this system the
executive and legislature are not separated as in the federal form of government
Sovereignty of Parliament
A very important feature of the British constitution is sovereignty of Parliament. Parliament is the only I4slative body in the country
with unfettered powers of legislation can make, amend or repeal any law it likes. The courts have no purer to question the validity of
the laws passed by British Parliament. It can also amend constitution on its own authority like ordinary law of the land. It can make
illegal what is legal and legalize what is illegal.
Gap between Theory and Practice
Unlike other constitutions there is a great gap between theory and practice in English political system. This fact results largely from
the unwritten character of the Constitution, which is mainly based on conventions. As for instance, in theory, it is the King and
Queen who is sovereign, but in practice it is the Parliament, which is sovereign. The King and Queen cannot veto any bill passed
by the Parliaments, although he/she has the right to do so in theory. The Queen in theory is the fountain-head or patronage but in
practice all honors and titles are conferred by the Prime Minister. This also justifies the remarks of Lord Sankay that "theory has no
relation to realities in British constitution".
Mixed Constitution
The British constitution is a queer mixture of the monarchical, aristocratic and democratic principles. The institution of Kingship
shows that there is monarchy in England. The existence of House of Lords gives an idea that .England has an aristocratic type of
government. The House of Common reflects actual working of a Full-fledged democracy in this country. But all these diverse
political elements have been beautifully welded together to produce the final effect of perfect representative democracy.
Role of Conventions
A necessary corollary to the unwritten character of the constitution is that the conventions play a vital role in the British political
system. For example, while the Queen has the prerogative to refuse assent to a measure, passed by Parliament, but by
convention, she cannot do so and the same has become a rigid principle of the constitution itself. By Convention, again, the Queen
cannot go against the advice of the cabinet. Likewise, there are dozens of conventions, which do not have any force of law yet they
are scrupulously adhered to and constitute the very blood and flesh of the constitution.
Independence of Judiciary
The Rule of Law is safeguarded by the provision that judges can only be removed from office for serious misbehavior and
according to a procedure requiring the consent of both the houses of the Parliament. So, the judges are able to give their
judgments without any fear or favour
Salient Features of the American Constitution
What does the American constitution means to you its simple answer that it is a system of laws for the protection of right of
American citizens and set the limits of government as well. There are total of thirty three amendments of American constitution
adopted by the American congress since march 4, 1789.
American Constitution is Written
Like other federal constitutions in the world, the American constitution is written in form. It is a brief document consisting of only 7
Articles and 27 Amendments. Indeed it was a skeleton constitution since the framers of the constitution left the details to be filled in
by the Acts of the Congress. It has been adequately clothed with conventions, customs, judicial decisions and legislative measures.
Federal Character
The American constitution is federal in character. America was originally a federation of 13 States but due to admission of new
states, it is now a federation of 50 States. A constitutional division of powers has been made between the centre and the federating
units. The constitution enumerates the powers of the centre and leaves the residuary powers to be exercised by the federating
states. The constitution thus creates a weak Centre and because residuary powers have been given to the units. However, in
practice, federals centre in American has become very powerful due to the application of the doctrine of "Implied Powers" as
propounded by the Supreme Court of the U.S.A.
Rigidity
American constitution is probably the most rigid constitution in the world. It can be amended by a very lengthy and difficult process.
Because of the complicated nature of the amendment procedure, sometimes it takes years before an amendment becomes
operative after it has been proposed. Every amendment, which can be moved in two different ways, must be ratified by 3/4th of the
states. The rigidity of the constitution is obvious from the fact that during more than 200 years it has been in operation; only 27
amendments have been made in the constitution.
Presidential System
The constitution provides for the presidential type of government in the U.S.A. All powers are vested in the President. He is elected
for a fixed period or 4 years and cannot be removed before the expiry or his tenure. Though the constitution provides indirect
election of the President but in practice his election has become direct. The President is not politically responsible to the Congress.
He has nothing to do with the Congress. The member of his Cabinet are neither members of the Congress nor answerable to it.
Supremacy of the Constitution
Supermacy of the constitution means the supreme law of the land. Neither the centre nor the states can override it.  A law or an
executive order repugnant to the constitution can be declared unconstitutional and invalid by; the Supreme Courts.
Separation of Powers
The U.S constitution is based on the doctrine or "Separation or Powers. Although the three wings of administration, viz the
executive the legislative and the judiciary-are inter-dependent 'and cannot be separate entirely in the interests of good government
yet an attempt has been made in the American constitution to separate them as much as possible. The Congress is the legislative
organ. The President is the executive who is elected directly by the people and has nothing to do with the Congress. He enjoys a
fixed tenure of 4 years and is not a member of the Congress and cannot be removed by the vote of no confidence before the expiry
of his term of office. He does not participate in debates, nor can he dissolve the Congress. Both are independent of each other. The
Supreme Court heads the Federal judiciary and enjoys freedom in its work.
Judicial Review
The constitution provides for the Judicial Review, of the legislative enactment. The federal judiciary can declare any legislation or
executive action null and void if the same is found to be inconsistent with the provisions of the constitution. The Judiciary thus acts
as the guardian and custodian of the constitution and fundamental rights of the citizens. The Supreme Court has so interpreted the
constitution that it has adapted it to the changing needs of society. It has enlarged the power of the Congress.
Republicanism and U.S Constitution
The U.S.A. is a republic with the President as the elected head of the State. The constitution derives its authority from the people.
Moreover, the constitution makes it binding upon every constituent state to have the republican form of government.
Dual Citizenship
The U.S. constitution provides for dual citizenship for the people of the United States. An American is the citizen of the U.S.A. and
also of the state wherein he or she is domiciled. It is in contrast with the idea of single citizenship as incorporated in the constitution
of Pakistan where every citizen irrespective of domicile is the citizen of Pakistan alone.
Spoil System
This is an interesting feature of the American political system. The system is associated with the name of President, Andrew
Jackson. According to this system, when a new President takes over the charge of administration, appoints afresh all-important
officials of federal government. The entire administration of the previous President is streamlined. The system is known as "Spoil
System- because important jobs are, distributed among, the henchmen of the President or his Party without taking into
accountability; .experiences or talent of the men appointed.