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Blend of Rigidity and Flexibility

Blend of Rigidity and Flexibility: Simple Notes

  • Rigid vs. Flexible Constitutions: Constitutions can be of two types based on how easy they are to change (amend):

    • Rigid Constitution:

      • Hard to Amend: Requires a special, difficult procedure to change it.

      • Example: American Constitution. It's quite hard to amend the US Constitution.

    • Flexible Constitution:

      • Easy to Amend: Can be changed in the same way as ordinary laws are made.

      • Example: British Constitution. The UK constitution (which is mostly unwritten) is relatively easy to change.

  • Indian Constitution - Blend of Both: The Indian Constitution is neither fully rigid nor fully flexible. It's a mix of both.

  • Article 368 - Amendment Procedures: Article 368 of the Indian Constitution describes two main ways to amend it:

     (a) Amendment by Special Majority of Parliament: 

    • For Some Provisions: Some parts of the Constitution can be changed by a "special majority" in the Indian Parliament (which has two houses - Lok Sabha and Rajya Sabha). 

    • What is Special Majority? It means: * Two-thirds majority of members present and voting in each House (Lok Sabha and Rajya Sabha). * AND a majority of the total membership of each House. (This means more than half of the total seats in each house, not just those present).

(b) Amendment by Special Majority + State Ratification: * For Other Provisions (More Important Federal Parts): Some other parts of the Constitution, especially those related to the relationship between the central government and states, need an even harder process to amend. * Process: * Special Majority in Parliament (same as in point (a)). * AND Ratification by half of the total states. This means at least half of the state legislatures in India must approve the amendment.

  • Amendment by Simple Majority (Outside Article 368):

    • For Some Provisions (Less Fundamental): There are also some parts of the Constitution that can be changed by a "simple majority" in Parliament.

    • Simple Majority = Ordinary Law-Making: This is the same way ordinary laws are passed in Parliament (just more than 50% of those present and voting).

    • Important Note: These simple majority amendments are considered outside Article 368. They are not seen as "constitutional amendments" in the same way as those under Article 368, even though they do change parts of the Constitution.

In Simple Words: The Indian Constitution is designed to be changed when needed, but not too easily. It's like Goldilocks - not too hard, not too soft, just right! Some parts can be changed with a tough "special vote" in Parliament. Even more important parts need that special vote plus approval from half the states. And some simpler things can be changed just like passing a normal law. This mix makes it both strong and adaptable

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