French Constitution: Salient Features

French constitution features define the governing charter of the Fifth French Republic, a written and codified document that has been in force since 1958. It was framed at the direction of General de Gaulle to give France, after decades of political instability, a strong and stable government. Studying it alongside the American, British, and other world constitutions helps in understanding the comparative-constitutional questions that recur in the UPSC syllabus.

Historical Background

France's constitutional history has been unusually turbulent. Since the French Revolution of 1789–1799, the country has changed its constitution on an average of once every twelve years, cycling through three monarchic, two dictatorial, three imperial, and four republican constitutions. The current charter, which established the Fifth Republic, came into force in 1958 and was drafted under the personal direction of General de Gaulle, specifically to correct the governmental instability that had plagued the preceding Fourth Republic.

It is also worth noting, from the debates of India's own Constituent Assembly, that the French constitution-makers who met in 1789 were themselves influenced by an earlier exercise in constitution-making: the Philadelphia Convention of 1787, at which the American constitution was drafted. This cross-influence between the American and French constitutional traditions is part of why the two are so often studied together as comparative models.

A Written and Codified Constitution

Like the American Constitution, the French Constitution is a written document rather than a body of conventions and precedents. As originally adopted in 1958, it consisted of a Preamble and 92 Articles arranged across 15 chapters; subsequent amendments have added further chapters and articles over time. The Constitution declares France to be "an indivisible, secular, democratic and social republic," and it adopts "Liberty, Equality and Fraternity" as the motto of the Fifth Republic — the same revolutionary triad that has echoed through French public life since 1789.

Structure of the Constitution

The chapters of the French Constitution, as amended, cover the principal organs and functions of the French state:

Chapter	Heading	Articles Covered
—	Preamble	1
I	Sovereignty	2 to 4
II	The President of the Republic	5 to 19
III	The Government	20 to 23
IV	Parliament	24 to 33
V	Relations between Parliament and Government	34 to 51-2
VI	Treaties and International Agreements	52 to 55
VII	The Constitutional Council	56 to 63
VIII	The Judicial Authority	64 to 66-1
IX	The High Court	67 to 68
X	The Criminal Liability of the Government	68-1 to 68-3
XI	The Economic, Social and Environmental Council	69 to 71
XI-A	The Defender of Rights	71-1
XV	On the European Union	88-1 to 88-7
XVI	On Amendments to the Constitution	89
XVII	(Repealed — formerly Articles 78 to 86)	—

This layout shows a constitution organised strongly around the executive: the President of the Republic and the Government each get a dedicated chapter ahead of Parliament, reflecting the strong executive that the 1958 charter was designed to create.

A Rigid Constitution

Unlike the uncodified British Constitution, the French Constitution is rigid — it lays down a special procedure for its own amendment rather than allowing itself to be changed like an ordinary law. An amendment must be passed by a 60 per cent majority vote in a joint sitting of both houses of Parliament. Alternatively, the President of the Republic may bypass Parliament by calling a national referendum on the proposed amendment. One limit operates regardless of which route is used: the republican form of government cannot itself be amended, so there is no constitutional route back to monarchy in France.

A Unitary Constitution

France is organised as a unitary state. There is no constitutional division of powers between a central government and constituent units, as there is in a federation; all governmental power is vested in a single central government seated in Paris. Local governments in France exist because the central government has chosen to create them for administrative convenience, and the central government retains the power to alter or abolish them. In this respect, commentators note that France is more thoroughly unitary in practice than even the United Kingdom.

UPSC Relevance

Prelims

The French Constitution of the Fifth Republic came into force in 1958; the Preamble plus original 92 Articles were divided into 15 chapters.
France's motto — Liberty, Equality, Fraternity — and its self-description as an "indivisible, secular, democratic and social republic."
Amendment route: 60 per cent majority in a joint sitting of Parliament, or a national referendum called by the President.
France's status as a unitary (not federal) state, with local bodies created and abolished by the central government.

Mains

Compare the amendment procedures of the French and Indian Constitutions, and what "rigidity" means in each case.
Discuss how a unitary constitutional design, as in France, differs from India's quasi-federal structure in the distribution of governmental power.
Examine why comparative study of constitutions such as the French, American, and British models informed the framing of India's own Constitution.

FAQ

Q1. When did the current French Constitution come into force? The Constitution establishing the Fifth French Republic came into force in 1958, drafted under the direction of General de Gaulle to provide France with a strong and stable government.

Q2. Is the French Constitution written or unwritten? It is a written and codified constitution, originally comprising a Preamble and 92 Articles across 15 chapters, similar in form to the American Constitution.

Q3. How is the French Constitution amended? An amendment needs a 60 per cent majority vote in a joint sitting of both houses of the French Parliament, or the President may put it to a national referendum instead. The republican form of government cannot be amended by either route.

Q4. Is France a federal or a unitary state? France is a unitary state. There is no division of powers between the central and local governments; all power rests with the central government in Paris, which creates and abolishes local governments for administrative convenience.

Q5. What is the motto declared in the French Constitution? The Constitution adopts "Liberty, Equality and Fraternity" as the motto of the Fifth Republic and describes France as "an indivisible, secular, democratic and social republic."

Quick Revision

Fifth Republic Constitution in force since 1958; drafted under General de Gaulle.
Written constitution: originally a Preamble + 92 Articles in 15 chapters.
Motto: Liberty, Equality, Fraternity; France is an "indivisible, secular, democratic and social republic."
Rigid: amendment needs 60% joint-sitting majority OR a presidential referendum; republican form cannot be amended.
Unitary: all power vested in the central government at Paris; local bodies are creatures of the centre.
Since 1789, France has had three monarchic, two dictatorial, three imperial, and four republican constitutions.

Sources

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
The Constitution of India — Bare Act — the official text.

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