What are rigid and flexible Constitutions? Discuss any two merits and any two demerits of a flexible Constitution.
Rigid Constitution is a constitution embodied in a special and distinct enactment, the terms of which cannot be altered by ordinary forms of legislation. The U.S. Constitution, which cannot be changed without the consent of three-fourths of the state legislatures or through a constitutional convention, is of this type.
A flexible constitution is one that is easily influenced by change and is readily amended by general legislation.
Merits of Flexible Constitution:
i. It prevents internal revolts and revolutions: In a flexible constitution the nation is protected against internal revolts and revolutions. For instance, there have been fewer revolts and revolutions in England because of the flexible constitution of that country. The life of the people because of the flexible constitutions of that country.
The life of the people has not been disturbed there quite often, while in France, which is very close to England, monarchy has been abolished and so far five constitutions have been enacted because of revolutions and odd circumstances.
ii. Adjustment: Adaptability or elasticity is the chief merit of a flexible constitution. It enables the people to keep pace with changes in society. The British Constitution, for instance, has been able to undergo imperceptible alterations, apart from deliberate amendments in recent years. There has been a tremendous change in the powers of the monarch.
Demerits of Flexible Constitution:
i. Instability: A flexible constitution is said to be in a state of perpetual flex and it is less stable than a rigid constitution because it can be easily amended. It is liable to fall a prey to the whims and caprices of political demagogues who are moved by passions and emotions rather than by reason.
ii. Instrument in the hands of the Judges: A flexible constitution becomes a plaything of judicial courts, because they interpret it according to their own will and give it a meaning of their own liking and choice.
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