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Rigid and Flexible

The document discusses the characteristics, merits, and demerits of rigid and flexible constitutions. A rigid constitution is difficult to amend and provides stability, while a flexible constitution allows for easier amendments but can lead to instability. The ideal constitution balances rigidity and flexibility, as exemplified by the Constitution of India, which operates as both partly rigid and partly flexible.

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deepa shetty v
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44 views3 pages

Rigid and Flexible

The document discusses the characteristics, merits, and demerits of rigid and flexible constitutions. A rigid constitution is difficult to amend and provides stability, while a flexible constitution allows for easier amendments but can lead to instability. The ideal constitution balances rigidity and flexibility, as exemplified by the Constitution of India, which operates as both partly rigid and partly flexible.

Uploaded by

deepa shetty v
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1.

Rigid Constitution:
The Rigid Constitution is one which cannot be easily amended. Its
method of amendment is difficult. For amending it, the legislature has
to pass an amendment bill by a specific, usually big, majority of 2/3rd
or 3/4th. For passing or amending an ordinary law, the legislature
usually passes the law by a simple majority of its members.

A rigid constitution is considered to be the most fundamental law of


the land. It is regarded as the basic will of the sovereign people. That
is why it can be amended only by a special procedure requiring the
passing of the amendment proposal by a big majority of votes which is
often followed by ratification by the people in a referendum.

The Constitution of United States of America is a very rigid


constitution.

Merits of a Rigid Constitution:


(i) First, a rigid constitution is a source of stability in administration.

(ii) Secondly, it maintains continuity in administration.

(iii) Thirdly, it cannot become a tool in the hands of the party


exercising the power of the state at a particular time.

(iv) Fourthly it prevents autocratic exercise of the powers by the


government.

(v) Finally a rigid constitution is ideal for a federation.

Demerits of a Rigid Constitution:

(i) First, the chief demerit of a rigid constitution is that it fails to keep
pace with fast changing social environment.

(ii) Secondly, because of its inability to change easily, at times, it


hinders the process of social development.
(iii) Thirdly, it can be a source of hindrance during emergencies.

(iv) Fourthly, its inability to easily change can lead to revolts against
the government.

(v) Fifthly, a rigid constitution can be a source of conservativeness. It


can grow becomes old very soon because it cannot Keep pace with
times.

2.Flexible Constitution:
A Flexible Constitution is one which can be easily amended. Several
political scientists advocate the view that a flexible constitution is one
in which the constitutional law can be amended in the same way as an
ordinary law. Constitutional amendments are passed in the same
manner by which an ordinary law is passed.

British Constitution presents a classic example of a most flexible


constitution. The British Parliament is a sovereign parliament which
can make or amend any law or constitutional law by a simple majority.
Laws aiming to affect changes in a constitutional law or in any
ordinary law are passed through the same legislative procedure i.e.,
by a simple majority of votes in the legislature. Similarly, a
Constitution is flexible when the procedure of amending it is simple
and the changes can be made easily.

Merits of a Flexible Constitution:


(i) First, a major merit of the flexible constitution is its ability to
change easily in accordance with the changes in the social and
political environment of the society and state.

(ii) Secondly, it is very helpful in meeting emergencies because it can


be easily amended.
(iii) Thirdly, because of its dynamic nature, there are less
opportunities for revolt. The constitution has the ability to keep pace
with the changing times. The people do not feel the need for
revolutionary changes.

(iv) Finally, since the flexible constitution keeps on developing with


times, it always continues to be popular and remains up-to-date.

Demerits of a Flexible Constitution:


(i) First, a flexible constitution is often, a source of instability.
Flexibility enables the government in power to give it a desired dress
and content.

(ii) Secondly, it is not suitable for a federation. In a federation, a


flexible constitution can lead to undesirable changes in the
constitution by the federal government or by the governments of
federating units.

 A constitution must have both a certain degree of rigidity as well


as an ability to change for keeping pace with the changing times.
An excessive rigidity or excessive flexibility should be avoided.
The Constitution of India is partly rigid and partly flexible. In
several respects, it is a rigid constitution but in practice it has
mostly worked as a flexible constitution.

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