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Comparative Politics and Government

Notes demonstration into a movement in which the settlers and the army leaders in Algeria combined to
demand a ‘Government of Public Safety’ headed by a strong man like him—a trend which, as time
went on, was gathering support in France.
The result was that power was entrusted to the man known for being capable of giving ‘a
government of public safety.’ The Parliament endorsed his appointment as the Prime Minister
keeping in view the conditions that he had already made public along with its five terms that he
would keep in mind while drawing up the new constitution—the principle of universal suffrage,
the responsibility of the government to the parliament, the separation of legislative and executive
powers, the independence of judiciary, and the provision for the possibility ‘of organising the
relations between the Republic and the associated peoples’. In addition to observing these five
principles, de Gaulle gave further assurance to the National Assembly in person that in the new
constitution the offices of the President and the Prime Minister would remain distinct.
The way for the making of the new constitution was thus paved. A small group of ministers and
experts headed by the then Minister for Justice and later Prime Minister (Michael Debre) prepared
the text in a period of two months. A special consultative committee composed of 39 members (2/
3 elected by the Parliament and 1/3 nominated by Gen. de Gaulle) endorsed the proposed text
after suggesting certain minor amendments. It was approved by the Cabinet and then debated and
passed by the Parliament. Finally, it was submitted to a popular referendum on Sept. 20, 1958
which the people ratified by an overwhelming majority. All the 90 Departments voted in favour
with 17,688,790 against 4,624,511 votes. Out of 84.8% of the electors, 79.15 cast their votes in
favour. In Algeria 80% voters went to the polls out of which 96% voted for the new constitution,
though French Guinea voted for independence. Subsequently elections took place and Gen. de
Gaulle assumed the office of the President.
Salient Features of Constitution
The constitution of the Fifth Republic has been variously evaluated by the people of France ranging
from those of its protagonists who have lauded it as a model of republicanism to those who have
denounced it as ‘a prelude to dictatorship’. Critics have coined words and phrases to highlight
their reactions in this regard with the result that it has been described as ‘a tailor-made constitution
for Gen. de Gaulle’, ‘quasi-Presidential’, ‘a Parliamentary Empire’, ‘an unworkable document’,
‘the worst drafted in French constitutional history’, ‘ephemeral’ and the like. Its salient features
are an follows:
1. A Written and Enacted Constitution
The Constitution of the Fifth Republic is a written document. Originally it had 89 Articles grouped
into XVI Titles, but now it has 92 Articles grouped into XV Titles. It is a gift of the constitutional
consultative committee that worked for a period of about two months in 1958 under the direction
of Gen. Charles de Gaulle. It was endorsed by the Cabinet and then approved by the Parliament
after much discussion in which the Gaullists managed to have their say. Finally, it was approved
by the Departments and people with an overwhelming vote. Thus, like the constitution of a
major country of the world as the United States or China, it is a brief document.
2. A Rigid Instrument of Government
Unlike the Constitution of England, the French constitution is rigid. Here a special process of
amending the provisions of the Constitution has been provided. Art. 89 of the Constitution
contained in Title XIV provides for its revision. It says: “The initiative for amending the
Constitution shall belong both to the President of the Republic on the proposal of the Premier
and to the members of Parliament. The Government or Parliamentary bill for amendment must
be passed by the two assemblies in identical terms. The amendment shall become definitive
after approval by a referendum. Nevertheless, the proposed amendment shall not be submitted
to a referendum when the President of the Republic decides to submit it to Parliament convened
in Congress in this sense, the proposed amendment shall be approved if it is accepted by the
three-fifth majority of the votes cast. The Secretariat of the Congress shall be that of the National
Assembly. No amendment procedure may be undertaken or followed when the integrity of the
territory is in jeopardy. The republican form of government shall not be subject to amendment.”

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