The Constitution of India is the supreme law of the land and provides the framework for the governance of the country. One of the most debated aspects of the Constitution is whether it is rigid or flexible. A rigid constitution is one that is difficult to amend or cannot be amended, while a flexible constitution is one that can be amended with relative ease. In this article, we will explore the flexibility of the Constitution of India.
The Constitution of India was adopted on 26th January 1950, and it has undergone several amendments over the years. The Constitution has provisions for both its amendment and repeal. The process of amending the Constitution is laid out in Article 368. According to this article, an amendment can be proposed in either house of parliament, and it needs to be passed by a two-thirds majority in both houses. Once it is passed, it needs to be ratified by at least half of the state legislatures. This process ensures that amendments are not made easily, and there are enough checks and balances in place.
The Constitution of India nowhere claims to be completely flexible but claims to be “A unique blend of Rigidity and Flexibility”. The Constitution of India is considered to be a mixture of both rigid and flexible provisions. There are certain provisions in the Constitution that are rigid and cannot be amended easily. For example, the Preamble of the Constitution, which outlines the objectives and ideals of the Constitution, cannot be amended. Similarly, the federal structure of the Constitution, which gives power to both the central and state governments, is also rigid and cannot be amended easily.
On the other hand, there are certain provisions in the Constitution that are flexible and can be amended with ease. For example, the Seventh Schedule of the Constitution, which divides powers between the central and state governments, can be amended by a simple majority in Parliament. Similarly, some of the fundamental rights provided in the Constitution can also be amended with a two-thirds majority in both houses of parliament.
The Constitution of India has undergone several amendments since its adoption. The first amendment was made in 1951, and the latest amendment was made in 2021. Over the years, the Constitution has been amended to keep up with the changing times and to address the needs of the country. The amendments have been made to bring about social and economic changes, to address the needs of the marginalized communities, and to strengthen the democratic institutions of the country.
The Constitution of India is considered to be both rigid and flexible. The process of amending the Constitution is well laid out, and it ensures that amendments are made only when necessary and after due deliberation. The flexibility of the Constitution has enabled it to adapt to the changing needs of the country and has helped to strengthen the democratic institutions of the country.
Whether Flexibility of the constitution is misused?
The Flexibility constitution allows for interpretation and adaptation to changing times and circumstances. Political parties, as key actors in the political process, are expected to work within this framework and respect the constitution’s principles and provisions.
However, some argue that political parties may sometimes push the limits of the constitution’s flexibility to serve their own interests or gain an advantage over their opponents. For example, they may use legal loopholes, exploit constitutional ambiguities, or engage in tactics such as gerrymandering or voter suppression.
Others argue that political parties are simply exercising their right to participate in the political process and that the flexibility of the constitution allows for a range of legitimate strategies and tactics. They may also argue that any issues with the constitution’s flexibility should be addressed through constitutional amendments or other legal channels, rather than blaming political parties.
Overall, the issue of whether political parties misuse the flexibility of the constitution is a complex and contentious one, with valid arguments on both sides. It is important to carefully evaluate individual situations and contexts and ensure that political parties are acting within the framework of the constitution and in the best interest of the people they represent. It is where the Judiciary plays an important role in the safeguarding of Democracy. The courts are vested with the powers to stop or eliminate such laws which are inconsistent with the fundamental rights and other laws. It is where Doctrines like ‘Doctrine of Severability’ or ‘Doctrine of Eclipse’ are used for protection of rights and to protect the constitution from the misuse of the flexibility provided by it.
Then how is Constitution of India Rigid?
The Indian Constitution is considered rigid because it has a complex and lengthy process for amending it. There are three ways in which the Constitution of India can be amended:
- Amendment by simple majority: Some provisions of the Constitution can be amended by a simple majority of the members of both Houses of Parliament.
- Amendment by special majority: Most provisions of the Constitution can be amended by a special majority, which requires a two-thirds majority of the members present and voting in both Houses of Parliament.
- Amendment by special majority and ratification by states: Some provisions of the Constitution can be amended by a special majority and also require ratification by at least half of the states of India.
This complex and lengthy process of amending the Constitution makes it difficult to change the fundamental principles and values of the Constitution. This rigidity helps to ensure that the Constitution is not easily changed or undermined by short-term political considerations or the whims of the ruling party. At the same time, it also provides for a stable and consistent legal framework for governance and protects the rights and interests of the citizens.
(Author is a Law Student)
