A Written Constitution
The Indian Constitution is mainly a written constitution. A written constitution is framed at
a given time and comes into force or is adopted on a fixed date as a document. As you
have already read that our constitution was framed over a period of 2 years, 11 months
and 18 days, it was adopted on 26th November, 1949 and enforced on January 26, 1950.
Certain conventions have gradually evolved over a period of time which have proved
useful in the working of the constitution. The British Constitution is an example of unwritten
constitution. It is to be noted though, that a written constitution is ‘mainly’ an enacted
document, there could be bodies or institutions which may not be included in the constitution
but form an important part of governance. In Indian context one can mention the Planning
Commission. It is very important body for country’s planning and development. But, the
planning commission was set up in March 1950, not by an Act of Parliament, nor as a Part
of the Constitution of India. It was set up by a cabinet resolution. The Indian constitution
is the lengthiest in the world. The original constitution had 395 Articles and 8 Schedules,
while, the constitution of USA has only 7 Articles
a given time and comes into force or is adopted on a fixed date as a document. As you
have already read that our constitution was framed over a period of 2 years, 11 months
and 18 days, it was adopted on 26th November, 1949 and enforced on January 26, 1950.
Certain conventions have gradually evolved over a period of time which have proved
useful in the working of the constitution. The British Constitution is an example of unwritten
constitution. It is to be noted though, that a written constitution is ‘mainly’ an enacted
document, there could be bodies or institutions which may not be included in the constitution
but form an important part of governance. In Indian context one can mention the Planning
Commission. It is very important body for country’s planning and development. But, the
planning commission was set up in March 1950, not by an Act of Parliament, nor as a Part
of the Constitution of India. It was set up by a cabinet resolution. The Indian constitution
is the lengthiest in the world. The original constitution had 395 Articles and 8 Schedules,
while, the constitution of USA has only 7 Articles
A Combination of Rigidity and Flexibility
The Indian Constitution is a unique example of combination of rigidity and flexibility. A
constitution may be called rigid or flexible on the basis of its amending procedure. In a rigid
constitution, amendment of the constitution is not easy. The Constitutions of USA,
Switzerland and Australia are considered rigid constitutions. While, the British Constitution
is considered flexible because amendment procedure is easy and simple.
The Constitution of India provides for three categories of amendments. In the first category,
amendment can be done by the two houses of Parliament simple majority of the members
present and voting of before sending it for the President’s assent. In the second category
amendments require a special majority. Such an amendment can be passed by each House
of Parliament by a majority of the total members of that House as well as by the 2/3rd
majority of the members present and voting in each house of Parliament and send to the
President for his assent which cannot be denied. In the third category besides the special
majority mentioned in the second category, the same has to be approved also by at least
50% of the State legislatures. Thus, you see that the Indian Constitution provides for the
type of amendments ranging from simple to most difficult procedure depending on the
nature of the amendment.
constitution may be called rigid or flexible on the basis of its amending procedure. In a rigid
constitution, amendment of the constitution is not easy. The Constitutions of USA,
Switzerland and Australia are considered rigid constitutions. While, the British Constitution
is considered flexible because amendment procedure is easy and simple.
The Constitution of India provides for three categories of amendments. In the first category,
amendment can be done by the two houses of Parliament simple majority of the members
present and voting of before sending it for the President’s assent. In the second category
amendments require a special majority. Such an amendment can be passed by each House
of Parliament by a majority of the total members of that House as well as by the 2/3rd
majority of the members present and voting in each house of Parliament and send to the
President for his assent which cannot be denied. In the third category besides the special
majority mentioned in the second category, the same has to be approved also by at least
50% of the State legislatures. Thus, you see that the Indian Constitution provides for the
type of amendments ranging from simple to most difficult procedure depending on the
nature of the amendment.
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