GS QUESTION...... Substantiate, with examples, the view that the Indian Constitution is a hallmark of rigid and flexible constitution. How has this rigidity and flexibility helped the Indian Constitution for more than seven decades, while many other decolonised countries have either replaced or subverted their respective constitutions?

Question.. Substantiate, with examples, the view that the Indian Constitution is a hallmark of rigid and flexible constitution. How has this rigidity and flexibility helped the Indian Constitution for more than seven decades, while many other decolonised countries have either replaced or subverted their respective constitutions?

POINTS - 

I. Rigid & flexible feature of constitution 

II. Features & nature of amendments of constitution 

III. Features of Balance of change & continuity 

IV. Conclusion 

ANSWER - 

               Based upon the provisions made for its amendment, a constitution can be flexible or rigid or a mixture of both. A flexible constitution can be amended by ordinary law-making exercise, while a rigid constitution can be amended by a very difficult and special procedure. As regards to Indian constitution, it strikes a balance between rigidity and flexibility.

Features and Nature of Amendments to the Constitution

flexible constitution: 

The Parliament can alter or modify many of the laws by a simple majority as required for ordinary legislation. For example, the creation or abolition of Legislative Councils through Article 169, changing the name of states, boundaries,, etc.

rigid constitution: 

• The amendments to certain features affecting the federal structure of Indian state requires special majority with ratification of more than 50% of states. For example, the election of the President and its manner, the Supreme Court and High Courts, distribution of legislative power between centre and state, seventh schedule, etc.

semi-rigid constitution:

• Certain issues require parliamentary approval by not less than 2/3rd of the members giving it a semi-rigid approach.

• This rigidity and flexibility has helped Indian Constitution for more than seven decades while as constitutions many other decolonised countries have either replaced or subverted, which could be seen through following examples:

Pakistan: The rigid constitution has made it easy for parochial tendencies and army dominance in the polity of the nation resulting in change in democracy to military rule from time to time.

Conclusion:

Thus, it is the balance of flexibility and rigidity which has made the Indian constitution sustainable over seven decades due to its ability to change and continue with the changing needs. The institutions of democracy should ensure that this healthy balance is continued in nation’s polity through the mechanisms of balance of power, separation of powers and checks and balances among themselves