The Indian Constitution is both rigid and flexible. It allows for amendments through a detailed process, making it rigid compared to ordinary laws. However, it also provides for simple amendments in some cases, showing flexibility. For example, the Constitution can be amended by a simple majority for certain provisions like changing names of states, while important changes like altering fundamental rights need a two-thirds majority and ratification by states, as seen in the 42nd and 44th Amendments.
The Indian Constitution is both rigid and flexible, striking a deliberate balance that allows it to adapt to changing circumstances while safeguarding its fundamental principles.
Justification with Examples
Rigidity
Amendment Procedure: Certain provisions of the Constitution require a special procedure for amendment, as laid out in Article 368. For example, changes affecting federal features (such as the distribution of powers between the Centre and States) require not only a two-thirds majority in both Houses of Parliament but also ratification by at least half of the state legislatures. This makes such amendments difficult and ensures stability and protection of core values.
Basic Structure Doctrine: The Supreme Court, through the Kesavananda Bharati case, established that the "basic structure" of the Constitution (such as democracy, federalism, secularism, and judicial review) cannot be altered by amendments, adding another layer of rigidity.
Fundamental Rights: Rights like equality, freedom, and protection from discrimination are deeply entrenched and cannot be easily abrogated by ordinary legislation.
Flexibility
Simple Amendments: Some parts of the Constitution can be amended by a simple majority in Parliament, similar to ordinary laws. For instance, changes to state boundaries, names, or matters related to citizenship can be made this way, making the Constitution adaptable to administrative needs.
Frequent Amendments: The Constitution has been amended over a hundred times since 1950, reflecting its ability to accommodate social, economic, and political changes. Examples include the abolition of untouchability, introduction of new fundamental rights (like the right to education), and removal of Article 370.
Expansion and Reform: The Constitution has allowed for the expansion of parliamentary democracy and the inclusion of new rights and institutions as required by evolving circumstances.
Conclusion
The Indian Constitution is neither wholly rigid nor wholly flexible. Its amendment process and judicial safeguards ensure that essential features are protected, while its adaptability allows for necessary reforms and administrative changes. This unique blend has enabled the Constitution to remain robust and relevant in a diverse and dynamic society
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