Blend of Rigidity and Flexibility
- Constitutions are also classified into rigid and flexible. A rigid Constitution is one that requires a special procedure for its amendment, as for example, the American Constitution.
- A flexible constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example, the British Constitution.
- The Constitution of India is neither rigid nor flexible but a synthesis of both. Article 368 provides for two types of amendments:
- Some provisions can be amended by a special majority of the Parliament, i.e., a two-third majority of the members of each House present and voting, and a majority (that is, more than 50 per cent), of the total membership of each House.
- Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states.
- At the same time, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of ordinary legislative process. Notably, these amendments do not come under Article 368.