Question

Differentiate between the rigid and flexible features of constitution. Give one example of
each

Answer 1

Answer:

Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. ... In contrast, a flexible constitution is one in which the legislature may amend the constitution's content and principles through use of the ordinary legislative process.

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Answer 2

Rigid Vs Flexible Constitution:- in simple terms Rigid constitution is hard to amendments whereas the flexible constitution is easier to amendments.

Indian Constitution:-

The Indian constitution is rigid, flexible and very rigid in nature.

Indian Constitution is called flexible as the bulk of the constitution needs a simple majority in the parliament(50% members present and voting) for amendments.

However, in some special cases such as Fundamental Rights or Fundamental duties, constitutional amendments require a special majority(2/3 member present and voted with an absolute majority) and hence it can be called as the rigid constitution in nature.

However, there are special cases in which it is very difficult to amend the constitution and require the support of the state also.

Process of the election of the president- since both the member of parliament and the member of legislative assembly votes to elect the president so amending the constitution will affect not only center but states as well. So why would states allow to amend the constitution?

Schedule 7:- in schedule 7 the clear division of power is given between the state and the center.

State list- only state can make the laws, like-agriculture. Union List- the only center can make the law- defense, external affairs.

Concurrent list- both state and center can make the law.

So there is no way the state will allow the center to change the elements of their list.

there are other provisions like amending the article 368, representations of the states in the Rajyasabha, Gst Councils or the High courts in Union territories where it is very difficult to amend the constitution can be termed as a very rigid constitution.

Indian constitution was made rigid to protect the interest of the states and to keep the federal nature alive.

Constitution of the united kingdom:-

The United Kingdom does not have a written constitution and made up of various laws enacted by the parliament.

In an unwritten constitution, a powerful center or parliament makes the laws for the country /states and all it takes is to bring a new law to scrap the old law. hence the constitution of the united kingdom can be termed as the flexible constitution.