UPPSC Mains 2024 Paper 2

How does the Indian Constitution compare with other modern constitutions in terms of flexibility and rigidity?

Verified Answer

Constitutions are generally classified as flexible or rigid based on the ease or difficulty with which they can be amended. A flexible constitution can be amended by a simple legislative process, similar to ordinary laws, while a rigid constitution requires a special, more complex procedure for amendment. The Indian Constitution presents a unique synthesis, often described as 'partly flexible and partly rigid' or 'a unique blend,' distinguishing it from many other modern constitutions.

1. Flexible Aspects of the Indian Constitution: Certain provisions of the Indian Constitution can be amended by a simple majority of both Houses of Parliament, similar to the process for ordinary legislation. These include:

  • Formation of new states and alteration of areas, boundaries, or names of existing states.
  • Abolition or creation of legislative councils in states.
  • Citizenship acquisition and termination.
  • Quorum in Parliament.
  • Salaries and allowances of Members of Parliament.
  • Rules of procedure in Parliament. This ease of amendment for specific provisions allows the Constitution to adapt to changing societal needs without undergoing a cumbersome process, reflecting a degree of flexibility.

2. Rigid Aspects of the Indian Constitution: For most other provisions, the Indian Constitution requires a more stringent amendment process, as laid out in Article 368:

  • Special Majority of Parliament: An amendment bill must be passed by a special majority in each House of Parliament – that is, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting. This is a significantly higher bar than a simple majority.
  • Special Majority plus State Ratification: For amendments to provisions related to the federal structure of the Constitution (e.g., election of the President, extent of the executive power of the Union and states, distribution of legislative powers, representation of states in Parliament, and Article 368 itself), the amendment must, in addition to the special majority in Parliament, be ratified by the legislatures of not less than one-half of the states by a simple majority. This ensures that fundamental aspects of the federal system cannot be altered without significant state consent.
  • Basic Structure Doctrine: Beyond the procedural rigidity, the Supreme Court, through the Kesavananda Bharati case (1973), introduced the 'Basic Structure Doctrine.' This doctrine holds that certain fundamental features of the Constitution (like democracy, secularism, federalism, judicial review) cannot be amended or abrogated by Parliament, even through a constitutional amendment. This judicial innovation adds an extra layer of rigidity, placing substantive limits on Parliament's amending power, a feature not explicitly found in many other constitutions.

Comparison with Other Modern Constitutions:

  • United Kingdom (Highly Flexible): The UK has an unwritten constitution, where constitutional laws are not distinct from ordinary laws. Parliament can amend any constitutional provision by a simple majority, making it one of the most flexible constitutions globally. There is no special procedure for constitutional amendment.
  • United States of America (Highly Rigid): The US Constitution is notoriously rigid. Amendments require a two-thirds vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the state legislatures. This process is deliberately difficult, resulting in very few amendments over centuries, highlighting its extreme rigidity.
  • Germany (Moderately Rigid with Unamendable Clauses): Germany's Basic Law (Grundgesetz) is moderately rigid, requiring a two-thirds majority in both the Bundestag and Bundesrat. Crucially, it includes 'eternity clauses' (Article 79(3)) that explicitly declare certain fundamental principles, like human dignity, democracy, federalism, and the rule of law, to be unamendable. This is a form of substantive rigidity similar to India's Basic Structure Doctrine but explicitly written into the text.
  • Canada (Varying Rigidity): Canada has multiple amending procedures, with some requiring unanimous consent of all provinces, others requiring a two-thirds majority of provinces representing at least 50% of the population, and some requiring only federal parliamentary action. This multi-tiered approach reflects a nuanced balance.

In essence, the Indian Constitution strikes a pragmatic balance. Its flexible provisions allow for necessary adaptations and administrative adjustments, while its rigid provisions protect core principles, federalism, and fundamental rights from arbitrary changes. The Basic Structure Doctrine further reinforces this rigidity, making it a robust yet adaptable framework that has served a diverse and evolving nation for over seven decades.