Rigid Constitution

The write-up is based on the introduction about The Constitution of India ; the body includes the explanation about when a constitution is called a rigid constitution, rigid features of the constitution, a conclusion, and FAQs.

Dr. B.R. Ambedkar was the chairman of a committee in the Indian constituent assembly called as drafting committee. This committee had notable jurists as its members like Ayyangar, Saadulla, Munshi, Ayyar, etc. The first draft that was produced by the drafting committee was in the year 1948, in the month of February, the first draft was thrown open to debate and then the second draft was produced. The Indian Constitution is both rigid and flexible.

What is the reason to call a constitution Rigid Constitution?

       A constitution is said to be rigid when the amending or changing the provisions of a constitution is tough. Changing a fundamental law is more difficult than changing an ordinary law in a Rigid Constitution. Whenever the constitutional law is amended, particular procedures are required to be maintained. There should be a clear differentiation between ordinary and fundamental law. In a Rigid Constitution, Fundamental laws are always superior and cannot be amended easily. There are some disadvantages of the Rigid Constitution, these are –

  • Less Progressive
  • A rigid Constitution may result in a revolution
  • Difficult in changing or amending
  • Conservative

Indian Constitution is both a flexible and rigid form of the constitution because in some cases it requires a simple majority of people for passing an amendment and in some cases, it requires the majority of people to pass the amendment.

The Constitution of India – Dr. B.R. Ambedkar

Dr. B.R. Ambedkar is called the father of the Indian Constitution. With Ambedkar, the drafting process of the Indian Constitution is highly related and is often observed as a synonym. He was a well-known member of the assembly. The speeches that he kept forward in the assembly and the offices that he held helped B.R. Ambedkar to become an important feature in the Indian Constitution, . The Drafting committee in the constituent assembly was the most crucial committee, which was formed in the year 1947 of 29th August. Dr. B.R. Ambedkar was the chairman of a committee in the Indian constituent assembly called as drafting committee.  In the year 1946, in the month of December, the constituent assembly was made. The drafting process was done during the recess which is from the month of July in the year 1947 to September 1948; the recess time was the time when the constituent assembly was not taking place. The Draft was passed and adopted in the year 1949 of 26th November. For preparing the draft less than 6 months were taken by the drafting committee. In all, it sat for just 141 days. On the 26th January 1950, the constitution started working effectively, some of the provisions came into effect on 26th January 1949 and the other provisions came into effect on 26th January 1950. The 26th of January, 1950 was chosen as a date for the commencement because of the Lahore Resolution of December 1929. On this particular day, it was said that 26th January will be the day when India will attain ‘Purna Swaraj’.

In the Constitution of India, Dr. B.R. Ambedkar played an important factor in making the constitution. For the community of Scheduled Castes and minorities powerful constitutional protection was framed by the Constitution makers. On the various spheres of the constitution, Ambedkar’s speeches were intuitive, reasonable, and were researched thoroughly. As a result of this, he was allowed to be involved in the constitution-making project.

     Explain the rigid features of a constitution.

Rigid features of a constitution are as follows:

  • The fundamental rights in a rigid constitution are safeguarded effectively. No legislature can interfere with fundamental rights, as they are at higher-level than ordinary law.
  • The rigid constitution is a written constitution that is created by the experienced people, so it is a character of national efficiency.
  • The legislative violation is safeguarded by the rigid constitution. 
  • Another feature of a rigid constitution is that it has a great contribution to political stability.
  • When a constitution cannot be amended easily is a rigid constitution i.e. one more feature of a rigid constitution is that it cannot be easily amended. 
  • Rights of minorities are protected by a rigid constitution.

Conclusion

     It is to conclude that India’s Constitution is both rigid and flexible, the flexibility and rigidity of a constitution is determined by the nature of the amendment that takes place. The Indian constitution is neither as rigid as the American Constitution nor as flexible as the British Constitution.

faq

Frequently Asked Questions

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Explain the contribution of Dr. B.R. Ambedkar to frame Indian Constitution.

Answer 1 –    With Ambedkar, the drafting process of the Indian Constitut...Read full

Why is the Indian Constitution called both rigid and flexible?

Answer 2 –  The Indian Constitution is both rigid and flexible because the way in which amendments are done i...Read full