Rigid constitutions are those, which require a special procedure for the amendment. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution.
RIGID CONSTITUTION:
Rigid constitutions are those, which require a special procedure for the amendment. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution.
The rigid constitution is above the ordinary law and can be changed by a procedure, which is different from the procedure of ordinary law, thus making it difficult to change.
The objective is to emphasize that the constitutional law embodies the will of the sovereign, and it should be treated as sacred document.
American constitution is the best example of a rigid constitution. The American congress cannot make any law contrary to the constitution.
The American Supreme Court acts as the guardian of the constitution and it has right to declare any law of the congress null and void. The constitution of India is neither so flexible as the British constitution not so rigid as the American constitution.
But it is midway, which means more rigid than British constitution and less rigid than American constitution. A rigid constitution is always written.
Merits of a Rigid Constitution:
(i) A rigid constitution possesses the qualities of stability and performance. 'A rigid constitutions is essentially a written constitution which is the creation of experienced and learned people. Thus it is the symbol of national efficiency. People regard it as a sacred document and they are ready to work according to its provisions'.
(ii) A rigid constitution safeguards legislative encroachment, Constitution should not be a plaything in the hands of legislatures.
(iii) A rigid constitution safeguards fundamental rights effectively. Fundamental rights are part of constitution.
No legislature can tamper them, because they are superior to ordinary law.
(1) A rigid constitution protects the rights of minority. Minorities cannot be expected to agree to their rights being imperiled by a majority action. If the majority ventures it, the judges perform their function of guardianship. (2) A rigid constitution is free from dangers of temporary popular passion. Because of complex amendment procedure the constitution may not be swept away by the emotions of the people which in most of the cases are not based on wisdom and reasoning. (3) A federal set up of government essentially needs a rigid constitution for the safty of the rights of the units as well as for the strength and integration of the federation. Under rigid constitution units of a federation feel secure and at the same time there is a check on their activities also in order to stop them from violating each other's jurisdictions.
Demerits of a Rigid Constitution:
(A) Sometimes changes in the constitution become inevitable but a rigid constitution cannot be emended easily. (B) The framers of constitution is not hardly foresee the future. A rigid constitution is not suitable for a progressive nation where changes take place frequently. (C) Under the rigid constitution, the main concern of the judiciary is to see whether the law conforms to theprovisions of the constitution or not.
(D) Wherever merits and demerits a rigid constitution has the fact is that modern tendency is to have a written and a rigid constitution.
The future seems to be rigid constitution having some elements of flexibility in it. As the constitution of India is having elements of flexible constitution and as well as a rigid constitution, this may provide an ideal path for the coming generations.
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11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes : Rigid Constitution : with Merits and Demerits |