Social Sciences, asked by tusharbaliyan3908, 1 year ago

Constitution define rigid and flexible constitution key feature of constitution in india

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Answered by Tamatar
2
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 the rigidity and flexibility. The Constitution can be amended in three ways such as:

The Parliament can alter or modify many of the laws of the Constitution by a simple majority as is required for ordinary legislations. For instance the Parliament can deal with the abolition or creation of Legislative Councils (Article 169). Further, the Parliament can change the name of boundaries, areas etc. of States through simple majority; and these changes don’t even need to done via a Constitutional Amendment Bill. These are examples of most flexible provisions of the constitution.
Parliament can amend other major parts of the Constitution with special majority (a majority of not less than 2/3 of the members of each House present and majority of them voting) as mentioned in Article 368. This process can be semi-rigid and examples include those amendments needed for inclusion / exclusion of fundamental special right, special provisions for SC/ST, special provisions for some regions etc.
The amendments to certain features affecting the federal structure of Indian State requires special majority with ratification by half of the States. Provisions related to election to the President and its manner; extent of the executive power of the Union and the states; Supreme Court and high courts etc. fall under this. These are examples of a rigid constitution.
The Parliament can also modify the constitutional provisions by supplementing them with its own laws. For instance, the addition of Citizenship Act, 1955 to Part II (Citizenship) in order to have detailed view of the citizenship laws in India is a case in point. Likewise, Article 22 (Preventive Detention) empowers the Parliament to make subsidiary provisions and upon the basis of Article 17, Protection of Civil Rights Act, 1955 was enacted by the Parliament. In fine, the supplementing aspect of Union Legislations brings modifications and alterations by means of addition and deletion to meet the exigencies of time without having resorted to a constitutional amendment.
Answered by Unknown000
0

"CONSTITUTION"

In democracy, there are certain basic rules that the citizens and the government have to follow. All such rules together are known as \bf{Constitution}Constitution .

It is the supreme law of the country. It determines the rights of citizens, the powers of the government and how the government should function!

\textsf{Why we need Constitution?}Why we need Constitution?

Constitution is required to safeguard the interests of common people ; whether they belong to major community or minor community.

\textsf{There are some basic rules that needs to be fulfilled by Constitution :-}There are some basic rules that needs to be fulfilled by Constitution :-

(1) It generates a degree of trust and coordination among people that is necessary for the different kinds of people living together.

(2) It specifies how the government will be constituted and who will have the power to make this decisions.

(3) It lays down limits to the powers of the government and also specifies the rights of the citizens.

(4) It also expresses the aspirations of the people about creating a good society.

The constitution was adopted by Assembly on 26th November 1949.

It came into effect on 26th January 1950. To mark this day, we celebrate 26th January as Republic day every year.

The constitution does not reflect the view of its members alone, but expresses abroad consensus of its time.

Another reason for accepting the constitution is that the constituent assembly represent the people of India. it could not be chosen directly by all The people as there was no Universal adult franchise at that time. The Constituent assembly was elected by the members of the existing Provincial Legislatures. This ensured a fair geographical Share of members from all regions of the country.

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