This Article has been written by Nidash Prashar, a First Year Student at Rajiv Gandhi National University Of Law, Patiala.
“Our federal Constitution embodies the idea of modern India: it defines not only India but also modernity.”
— Pranab Mukherjee
What is the Constitution? -An Introduction
The Constitution is the document outlining the framework that delineates the core political code, as well as the fundamental rights, guiding principles, and responsibilities of citizens. It also spells out the organisation, methods, powers, and duties of governmental institutions. The Constitution of India establishes a significant framework that specifies the organisation of the political system, the authority and responsibilities of governmental institutions, and the fundamental rights and obligations of the populace towards the state. The protection of people’s fundamental rights is the constitution’s primary goal. The Indian Constituent Assembly adopted the constitution on November 26, 1949. It came into affect on January 26, 1950.
The Idea of the Constitutions’ Flexibility and Rigidity
Rigid and Flexible constitutions are categorised. A constitution’s rigidity or flexibility depends on the type of amendment. If both the constitutional laws and regular laws are amended separately, the constitution is rigid. A flexible constitution, on the other hand, allows for the same kind of amendments to be made to both constitutional and ordinary laws in a similar way. Both flexible and rigid elements can be found in the Indian Constitution. The Indian Constitution strikes a balance between the rigidity and flexibility.
The Indian Constitution, written in 1950 and adopted on 26th January 1950, is one of the longest written constitutions of any independent nation in the world, with a total of 444 articles in 22 parts, and 12 schedules. It outlines the fundamental principles, structure, and powers of the Indian government and guarantees the citizens of India certain fundamental rights.One of the primary debates surrounding the Indian Constitution is whether it is a flexible or rigid document. In this blog, we will explore the arguments for both sides to gain a better understanding of the nature of the Indian Constitution.A rigid constitution refers to a document that is difficult to change and can only be amended through a complex and lengthy process. On the other hand, a flexible constitution is one that can be easily amended and changed to accommodate the changing needs of society.
Arguments for the Indian Constitution being flexible:
Amending Process: The Indian Constitution provides a relatively straightforward procedure for amending the Constitution. The Parliament can amend any part of the Constitution except the “basic structure”, which includes the Fundamental Rights, the federal structure of government, the separation of powers, and the secular nature of the state.
Provision for Temporary and Special Provisions: The Constitution provides for temporary and special provisions, which can be easily amended, to deal with specific situations. For example, Article 356 of the Constitution provides for the imposition of President’s Rule in the event of a breakdown of constitutional machinery in a state.
Interpretation by the Judiciary: The Indian judiciary has played a significant role in interpreting the Constitution and has been instrumental in making it a flexible document. The Supreme Court has the power to declare any law unconstitutional if it is found to be in violation of the Constitution. The judiciary has also interpreted certain provisions of the Constitution in a way that accommodates the changing needs of society.
Adaptability to changing times: The Indian Constitution has been amended more than 100 times since its adoption, which is a testament to its flexibility. The Constitution has been amended to accommodate the changing needs of society, such as the inclusion of new states, changes in the electoral process, and the recognition of new rights.
Progressive Interpretation: The Indian judiciary has been progressive in its interpretation of the Constitution and has expanded the scope of certain provisions to better serve the needs of society. For example, the Supreme Court has interpreted the right to life to include the right to privacy and the right to education.
Evolution of Federal Structure: The Indian Constitution provides for a federal structure of government, which allows for the division of powers between the central and state governments. This structure has been flexible and has evolved over time, with the central government gaining more powers as needed.
Arguments for the Indian Constitution being rigid:
Procedure for Amendment: Although the Constitution provides for a straightforward procedure for amendment, the process is still complex and lengthy. To amend the Constitution, a bill must be passed by both houses of Parliament by a two-thirds majority and then ratified by at least half of the state legislatures.
Basic Structure: The “basic structure” of the Constitution cannot be amended, ensuring that the fundamental principles and values of the Constitution are protected. This has been upheld by the Supreme Court in the landmark Kesavananda Bharati case, which declared that the basic structure of the Constitution cannot be amended by the Parliament.
Fundamental Rights: The Fundamental Rights of citizens, which include the right to equality, freedom of speech and expression, religion, and life and liberty, cannot be taken away or abridged by the government. This makes the Constitution rigid in the sense that the rights guaranteed to citizens cannot be easily taken away.
Protection of Fundamental Principles: The rigidity of the Indian Constitution is a reflection of its commitment to protecting the fundamental principles and values upon which the nation was founded. The Constitution sets out a clear and unchanging framework for the functioning of the government, ensuring that the rights of citizens and the principles of democracy are protected.
Safeguard against Unconstitutional Actions: The rigidity of the Constitution provides a safeguard against unconstitutional actions by the government. The Constitution sets out clear limits on the powers of the government, ensuring that the rights of citizens are protected and that the government operates within the bounds of the law.
Maintaining Stability and continuity: The rigidity of the Indian Constitution helps to maintain stability and continuity in the functioning of the government. The Constitution provides a clear and unchanging framework for the functioning of the government, which helps to ensure that the government operates in a consistent and stable manner.
Examples of the Indian Constitution being flexible:
Abolition of Untouchability: The Indian Constitution originally did not include provisions to address the practice of untouchability, but this was amended through the Constitution (First Amendment) Act, 1951, which added provisions to abolish the practice.
Recognition of New Fundamental Rights: The Indian Constitution has been amended several times to recognize new fundamental rights, such as the right to education (2002), the right to food (2013), and the right to work (2010).
Expansion of Parliamentary Democracy: The Indian Constitution has been amended to expand the parliamentary democracy established by the Constitution. For example, the Constitution was amended to provide for the direct election of the President and the Vice President, and to increase the representation of women in the Parliament.
Examples of the Indian Constitution being rigid:
Protection of Fundamental Rights: The Indian Constitution provides for a number of fundamental rights that are protected by the Constitution, including the right to equality, the right to freedom of speech and expression, and the right to religion. These rights cannot be taken away by the government, and any law that infringes upon these rights is considered unconstitutional.
Procedure for Amendment: The procedure for amending the Constitution is itself rigid, requiring a special majority of the Parliament. This helps to ensure that important provisions of the Constitution are not changed easily, and that any changes are made only after a careful consideration of their implications.
Protection of Federal Structure: The Indian Constitution provides for a federal structure of government, with a division of powers between the central and state governments. The Constitution sets out strict limits on the powers of the central government, and any attempt to infringe upon the powers of the state governments is considered unconstitutional.
In conclusion, the Indian Constitution balances rigidity and flexibility by providing a strong framework for the protection of fundamental rights and principles, while allowing for adaptation to changing times and circumstances. The Constitution’s rigidity ensures stability and continuity in the functioning of the government, while its flexibility allows for the recognition of new rights and the evolution of the political and social systems. the Indian Constitution is a unique document that balances flexibility and rigidity in a way that serves the needs of society. Its flexibility allows for adaptation to changing times, while its rigidity protects the fundamental principles and values upon which the nation was founded. This balancing of flexibility and rigidity makes the Indian Constitution a dynamic and effective document that has helped to shape the development of the country over the past seven decades.
REFERENCES:
Indian Constitution: Flexible or Rigid or a mixture of both – GKToday
Indian Constitution – Blend of Rigidity and Flexibility – Indian Polity Notes (prepp.in)
THE INDIAN CONSTITUTION
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