In this article you will learn about Rigid Constitution in Political Science.
Rigid Constitution
The Rigid Constitution is the constitution which cannot be easily amended. Its method of amendment is very difficult. For amending it, the legislature has to pass a proposal by a specific, and large majority of 2/3rd or 3/4th or an absolute majority of votes. For passing or amending an ordinary law, the legislature passes the scope by a simple majority of the members present. The constitutional law is considered the supreme and fundamental law of the land. It is regarded as the basic will of the sovereign people and can be amended only by a special procedure requiring the passing of the amendment proposal by a big majority of votes followed by ratification by the people in a referendum or any other such mechanism.
Constitutional law is superior to ordinary law. If the ordinary law is in conflict with the constitutional law, it is rejected as ultra vires (unconstitutional) by the courts and it cannot remain operative. The legislature does not enjoy an unlimited power of constitutional amendment. It is limited by the provisions of the constitution.
The rigid constitution is immune from statutory encroachments and easy amendments. It is mostly, rather almost always, a written and enacted constitution and provides for a difficult method of amendment. It is free from easy changes that can be made in unwritten and flexible constitutions. That is why critics of rigid constitution regard it as being conservation and incapable of keeping pace with the changing times. However, in states with rigid constitutions, conventions and several other informal and less stringent social and political environments and needs. The US Constitution has been a very rigid constitution. It has got only 27 amendments during the past 220 years of its life. The Constitution of Switzerland and Russia are also rigid constitutions.
Merits of a Rigid Constitution
- Firstly, a rigid constitution is a source of stability in administration.
- Secondly, it keeps up and maintains continuity in administration.
- Thirdly, it cannot become an instrument in the hands of the party exercising the power of the state at a particular time.
- Fourthly, it prevents autocratic exercise of powers by the government.
- Fifthly and finally, a rigid constitution is ideal for a federation.
Demerits of a Rigid Constitution
- Firstly, the chief demerit of a rigid constitution is that it fails to keep pace with fast changing socio-economic environments and needs.
- Secondly, because of its inability to change easily, it hinders the process of social and political development.
- Thirdly, it can be a source of barrier or hindrance during emergencies.
- Fourthly, its inability to change easily can lead to revolts against the government.
- Fifthly and finally, a rigid constitution is a source of conservativeness. It becomes old very soon and fails to keep pace with times.
This article on Rigid Constitution in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.