Indian Constitution- Flexible or Stringent.

[dimpy.handa]

A Constitution should be a dynamic document. It should be able to adapt itself to the changing needs of the society. Sometimes under the impact of new powerful social and economic forces, the pattern of government will require major changes. Keeping this factor in mind the Draftsmen of the Indian Constitution incorporated Article 368 in the Constitution
which dealt with the procedure of amendment. Due to Article 368 the Indian Constitution can neither be called rigid nor flexible but in fact it is partly rigid and partly flexible. Articles of the Indian Constitution can be amended by a simple majority in the Parliament (Second Schedule, Article 100(3), 105, 11, 124, 135, 81, 137), or by special majority that is majority of the total membership of each house and by majority of not less than two thirds of the members of each house present and voting , or by Ratification by the State Legislatures after special majority (Article 57, 73, 162, Chapter 1V of Part V, Chapter V of P!

 

[shivibhanot]

THIS CONSTITUENT ASSEMBLY declares its firm and solemn resolve to
proclaim India as an Independent Sovereign Republic and to draw up for her future
governance a Constitution;
(2) wherein the territories that now comprise British India, the territories that
now form the Indian States, and such other parts of India as are outside British India
and the States, as well as such other territories as are willing to be constituted into the
Independent Sovereign India, shall be a Union of them all;
(3) wherein the said territories, whether with their present boundaries or with
such others as may be determined by the Constituent Assembly and thereafter
according to the law of the Constitution, shall possess and retain the status of
autonomous units, together with residuary powers, and exercise all powers and
functions of government and administration, save and except such powers and
functions as are vested in or assigned to the Union, or as are inherent or implied in
the Union or resulting therefrom; and
(4) wherein all power and authority of the Sovereign Independent India, its
constituent parts and organs of government, are derived from the people; and
(5) wherein shall be guaranteed and secured to all the people of India justice,
social, economic and political; equality of status, of opportunity, and before the law;
freedom of thought, expression, belief, faith, worship, vocation, association and
action, subject to law and public morality; and
(6) wherein adequate safeguards shall be provided for minorities, backward and
tribal areas, and depressed and other backward classes; and
(7) whereby shall be maintained the integrity of the territory of the Republic and
its sovereign rights on land, sea and air according to justice and the law of civilized
nations; and
(8) this ancient land attains its rightful and honoured place in the world and
makes its full and willing contribution to the promotion of world peace and the
welfare of mankind.

 

[pranavdash]

A flexible constitution is that which can be amended like an ordinary law of the country,by a simple majority of Parliament. On the other hand, a rigid constitution is the one which prescribes a difficult procedure for its own amendment.