Question

why Indian constitution is called a blend of rigidity and flexibility?​

Answer 1

Answer:

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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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Answer 2

Answer:

Answer: 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.

Explanation:

Indian Constitution is a unique blend of rigidity and flexibility. This is in keeping with the federal polity as well as India’s diversity as a nation.

The rigidity in the Constitution is evident from the following:-

A single and written constitution.

Any amendment to the constitution which affects its federal nature would need a special majority in the Parliament plus ratification by half the states.

Division of powers between Centre and States with respective powers enlisted in Schedule VII under various Lists.

Separation of powers between judiciary and executive.

The Supreme Court by its landmark judgment of Kesavananda Bharti case laid down the ‘doctrine of basic structure’ which has judicial review as one of its tenets. This curtails the amendment powers of the legislative.

Yet, Indian constitution, as they say, is a ‘living document’. The flexibility can be evident from the following:-

The Constitution has been amended more than 100 times. The GST being the latest (101st Amendment).

The Constitution is subject to informal amendments and subjective and progressive interpretations by the Supreme Court of India. Case in point, Justice Puttuswamy judgment makes the Right to Privacy implicit in Article 21.

Centre can step into the States’ domain in the interest of the nation as evidenced by Article 249.

Most importantly, as the Preamble says ‘We the People…’ signifies that the Constitution is neither a divine doctrine nor a vestige of our colonial history. It is our making and the people of India are ultimately the sovereign authority.

Therefore, apt to say that, Indian constitution acts as a veritable conscience-keeper and yet it does not foreclose the option to evolve our conscience with the times.