Basic Concepts Related to Constitution

Law: Rules governing behaviour, either written or unwritten; enacted by legislative bodies with legal force. Example: BNSS, Citizenship Amendment Act
Ordinance: Temporary law issued by the President or Governor when the legislature is not in session; requires legislative approval. Example: COVID-19 lockdown ordinance.
Bylaws: Regulations made by local authorities; subordinate to central/state laws. Example: Municipal construction regulations

Constitution: Supreme law outlining government structure and powers; foundation of the legal system. Example: Constitution of India
Rules: Detailed instructions issued by the executive to implement laws; subordinate to laws and bylaws. Example: Passport application rules
Regulations: Specific and technical guidelines issued by regulatory bodies. Example: SEBI regulations for listed companies.
Rule of Law: As defined by British jurist A.V. Dicey, it asserts that law governs a nation, ensuring that no individual or institution, including the government, is above it. Key Elements include:

Supremacy of Law: Law is the highest authority.
Equality Before the Law: All individuals are subject to the same laws.
Accountability: Government actions must be legally justified.
Legal Certainty: Laws must be clear, public, and stable.
The Supreme Court of India recognizes the ‘Rule of Law’ as a ‘Basic Structure’ of the Constitution, making it impervious to amendments. [UPSC 2018]

Constitutionalism: According to Friedrich, “Constitutionalism ensures that the government operates within set rules, promoting fairness and accountability.” The primary purpose of a constitution is to provide a framework for government, determining its nature and form. As the fundamental law of the state, it outlines the responsibilities of the executive, legislature, and judiciary. The legislature makes laws in accordance with the limits and directions provided by the constitution. [UPSC 2023]
Constitution vs. Constitutionalism: A country can have a Constitution but may lack true Constitutionalism. For instance, a dictatorship might have a Constitution that isn't followed.
Types of Constitution:

Written Constitution: A formal document outlining government structure and citizen rights. Example: U.S. Constitution.
Unwritten Constitution: Composed of various sources like statutes and traditions, not in a single document. Example: United Kingdom Constitution.
Flexible Constitution: Can be easily amended like regular laws. Example: British Constitution.
Rigid Constitution: Requires a complex process for amendments. Example: U.S. Constitution.
Federal Constitution: Divides powers between central and regional governments. Examples: U.S., Germany.
Unitary Constitution: Centralizes power in one government. Example: United Kingdom.
Presidential Constitution: Separates executive and legislative branches; the President is both head of state and government. Example: United States.
Parliamentary Constitution: Executive comes from the legislature; the Prime Minister leads. Examples: U.K., India.
Monarchical Constitution: Recognizes a monarch, either with limited powers (constitutional) or significant powers (absolute). Examples: U.K., Sweden.
Republican Constitution: Establishes a republic without a monarchy; the head of state is elected. Examples: U.S., France.
Theocratic Constitution: Based on religious laws and principles. Example: Iran.
Secular Constitution: Separates religion from government laws. Example: Indian Constitution.