Introduction

The French Republic has long held a prominent place on the global stage. Throughout its history, the French Constitution has undergone numerous changes, reflecting the evolving political and social landscape. Among these, the Constitution of the Fifth French Republic is particularly significant.

This Constitution was drafted by a small ministerial committee led by Michel Debré under the guidance of General Charles de Gaulle. After receiving approval from the Cabinet and the French Council of State—a body of senior civil servants advising the government on legal and constitutional matters—the proposed Constitution was submitted to a popular referendum on 28 September 1958. The people approved it by an overwhelming majority of nearly eighty per cent. The Constitution subsequently came into force on 4 October 1958, establishing the framework for the current Fifth Republic.

Salient Features of the Constitution

The present Constitution of France, known as the 1958 Constitution, comprises a Preamble and 92 Articles. It embodies both republican and presidential characteristics, making it a unique hybrid system.

Preamble: The preamble of the French Constitution reaffirms the revolutionary principles of the Declaration of the Rights of Man and the Citizen of 1789. This Declaration, grounded in the doctrines of natural law and general will, guarantees freedom of speech, press, assembly, and religion, subject to legal limitations. It also safeguards the right to private property, except when required for public purposes, with provision for just compensation.

Popular sovereignty: According to the Constitution, sovereignty resides with the people of France, exercised through referendums and by electing their representatives. Article 2 designates France as an “Indivisible, Secular, Democratic and Social Republic.” The Constitution ensures universal suffrage and the freedom to form political parties, provided they adhere to the principles of sovereignty and democracy.

Rigid Constitution: The French Constitution of 1958 is highly rigid, making amendments extremely difficult. The Republican nature of the Constitution is non-amendable. Article 89 prescribes the procedure for constitutional revision: a proposal from the President or private members must be approved identically by both Houses of Parliament and then ratified by a referendum or, at the President’s discretion, by a three-fifths majority of both Houses sitting as Congress. The Senate’s consent is mandatory. Due to this complex process, the Constitution is widely regarded as rigid.

Quasi-presidential and Quasi-parliamentary: The 1958 Constitution combines parliamentary democracy and presidential authority. The Prime Minister serves as head of government and is responsible to Parliament, which is the supreme law-making body. Parliament delegates certain rule-making powers to the government, which can be withdrawn at will.

The President of France occupies a position of prominence, unlike nominal heads in typical parliamentary systems. According to General de Gaulle, the President represents the nation rather than Parliament, acting as an arbitrator above political contingencies. The President wields considerable authority over foreign affairs and national security, and his most significant power lies in appointing the Prime Minister, who must command a parliamentary majority. Hence, the system is quasi-presidential and quasi-parliamentary.

Vague and ambiguous: Critics often describe the Constitution as vague and ambiguous. It does not comprehensively define the system of government, nor does it specify the judiciary, electoral laws, or parliamentary composition. Between 1958-1959, over 300 ordinances were enacted to address these gaps. The Constitution’s drafting by a small committee and General de Gaulle, without parliamentary debate, left many phrases and articles open to government interpretation.

Separation of powers: The Constitution emphasizes separation of legislative and executive powers. The President appoints the Prime Minister, who selects the cabinet, which is then formally appointed by the President. Article 23 prohibits simultaneous membership in government and Parliament. Cabinet members are responsible to Parliament and must resign if the Parliament passes a censure motion.

Constitutional Council: The Constitution establishes a Constitutional Council to ensure government and parliamentary compliance with the Constitution. Articles 58, 59, and 60 charge the Council with supervising presidential elections and referendums and declaring a vacancy in the presidency. Article 61 mandates consultation on organic laws and parliamentary rules, while Article 16 involves the Council in emergency measures. The Council also advises on the legality of treaties and resolves government-legislature disputes.

Advisory Council: The Economic and Social Council acts as an advisory body, reviewing government bills, ordinances, orders, and private members’ bills.

Political parties are recognized: Unlike the American and Indian Constitutions, the 1958 Constitution explicitly recognizes political parties. Article 4 states: “Political parties and groups shall be instrumental in the exercise of the suffrage. They shall be freely formed and carry on their activities while respecting the principles of national sovereignty and democracy.”