19.

Would it be correct to classify Constitution into rigid and flexible types in absolute terms? Argue your case with relevant examples from UK, USA and India. 

The classification of Constitutions: 

i. Rigid Constitution: A rigid constitution is one which cannot be amended, in the manner in which ordinary laws are passed amended or repealed. If a special procedure or organ is needed for its amendment, it is a rigid constitution. Ordinary legislature of the country is not competent to amend it in the ordinary legislative procedure. Under a rigid constitution distinction is always maintained between a constitutional law and an ordinary law, since a constitutional law is regarded as superior to an ordinary law.

The US Constitution has been very rigid constitution. It has got only 27 amendments during the past 220 years of its life. Ordinary law in U.S.A. can be passed by a simple majority of the Congress, whereas the constitutional laws can be amended only by the agreement of two-thirds majority of the Congress and three-fourths of the states.

ii. Flexible Constitution: A flexible constitution is one which can be amended in an ordinary legislative process by the ordinary legislature. A Constitutional law and an ordinary law are treated alike. They are placed on an equal footing. All constitutional amendments can be made by a simple majority of the legislature.

The constitution of England is a typical example of a flexible constitution. The British Parliament is competent to pass, amend or repeal any constitutional law in an ordinary legislative process as both constitutional laws and ordinary laws are treated alike.

iii. Indian Constitution strikes a balance between the rigidity and flexibility. The Constitution of India is neither wholly rigid nor wholly flexible. It is partly rigid and partly flexible. It is because of the fact that for the purpose of amendment, our constitution has been divided into three parts:

(a) Certain provisions of the constitution can be amended by a simple majority in Parliament. (Flexible)

(b) Certain provisions can be amended by a two-third majority in Parliament and ratified by at least fifty percent of the states. (Rigid)

(c) The remaining provisions can be amended by Parliament by two-third majority. (Rigid)