1. Introduction
The Indian Constitution, enacted in 1950, balances rigidity and flexibility through a structured amendment process (Article 368), allowing adaptability while preserving core principles.
2. Sub-Part 1: Features Supporting Rigidity
- Basic Structure Doctrine prevents amendments that alter the Constitution’s fundamental principles [e.g., Kesavananda Bharati case, judicial independence].
- Special Majority Requirement mandates a higher voting threshold for significant amendments [e.g., 42nd Amendment, 44th Amendment].
- Federal Provisions Protection ensures state powers are preserved by requiring state ratification [e.g., GST amendment, territorial changes].
- Judicial Review allows the judiciary to nullify unconstitutional amendments [e.g., Minerva Mills case, IR Coelho case].
- Entrenched Clauses maintain specific provisions that need strict procedural changes [e.g., Articles 31B, 32].
3. Sub-Part 2: Features Supporting Flexibility
- Ordinary Legislative Process enables amending certain provisions with a simple majority [e.g., citizenship laws, parliamentary procedures].
- Adaptability facilitates changes based on emerging needs and evolving values [e.g., Right to Education, Right to Privacy].
- Emergency Provisions allow flexible governance during crises, enabling immediate action [e.g., financial emergency, president’s rule].
- Decentralized Amendments ensure local governance adaptability through state-specific amendments [e.g., state autonomy, local reforms].
- Incremental Amendments accommodate gradual reforms while maintaining stability [e.g., 73rd and 74th amendments on Panchayati Raj].
4. Conclusion
The balance of rigidity and flexibility in the Indian Constitution enhances effective governance, ensuring adaptability while safeguarding foundational principles. This balance supports SDG 16, fostering just, inclusive, and resilient institutions for sustainable governance.
5. Additional Data, Committees, Examples for Value Addition
- Committees: Sarkaria Commission recommended federal balance between center and state [e.g., center-state relations].
- Judicial Decisions: Landmark cases affirming flexibility [e.g., Golaknath case, SR Bommai case].
- Amendment Examples: Flexibility demonstrated in the 86th Amendment on Right to Education and rigidity in the Basic Structure Doctrine.