indian constitution is both rigid and flexible analys the statement
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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.
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.
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Explanation:
Indian Constitution is both rigid and flexible, because the procedure of amendment is neither easy nor difficult. The Constitution has provided a federal structure for India. ... A special majority of the Union Parliament, i.e., a majority of not less then two-thirds vote is required to amend the Constitution.
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