Chapter – 9

Constitution as a Living Document

In this post we have given the detailed notes of Class 11 Political Science Book 2 Chapter 9 (Constitution as a Living Document) in English. These notes are useful for the students who are going to appear in Class 11 board exams.

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Chapter 9: Constitution as a Living Document

Introduction

• The Indian Constitution has been in effect for several years and has been amended to meet the changing needs of the country.  
• The Constitution remains intact, and its basic premises have not changed.
• The judiciary has played a crucial role in protecting and interpreting the Constitution.  
• The Constitution is a dynamic document that adapts to changing situations.  

Are Constitutions Static?

• Many nations rewrite their constitutions in response to changing circumstances, ideas, or political upheavals.  
• The Soviet Union had four constitutions in 74 years, and the Russian Federation adopted a new one in 1993 after the Soviet Union’s disintegration.  
• India’s Constitution, adopted in 1949, continues to function effectively due to its flexibility and ability to adapt.  
• France has had numerous constitutions in the last two centuries, reflecting continuous experimentation and changing political landscapes.  

How to Amend the Constitution

• The Indian Constitution accepts modifications to address the changing needs of society.  
• Flexibility in interpretation and implementation has made the Constitution a living document.  
• The Constitution strikes a balance between being a sacred document and an instrument that requires periodic changes.  

Amending the Constitution: Procedures and Principles

• Some articles can be amended by a simple majority in Parliament, similar to ordinary laws.  
• Article 368 outlines two methods for amending other parts of the Constitution:
  • Special majority of both Houses of Parliament.  
  • Special majority of Parliament and consent of half of the State legislatures.  
• All amendments are initiated in Parliament, requiring no outside agency or referendum.  
• The President must assent to an amendment bill but cannot send it back for reconsideration.  
• The amendment process is based on parliamentary sovereignty, with only elected representatives having the power to amend the Constitution.  

Special Majority and Ratification by States

• Special majority requires those voting in favour of an amendment to constitute at least half of the total strength of the House and two-thirds of those present and voting.  
• This ensures broad support for amendments and prevents easy tampering.  
• For some articles, such as those related to the distribution of powers between the States and the Centre, ratification by half of the State legislatures is required.  

Why So Many Amendments?

• The Indian Constitution has been amended 106 times in 74 years.  
• The high number of amendments is not solely due to political considerations but also reflects the need for the Constitution to adapt to changing times.  

Contents of Amendments

• Amendments can be classified into three groups:
  • Technical or administrative amendments that clarify or modify existing provisions without making substantial changes.  
  • Amendments resulting from differing interpretations of the Constitution by the judiciary and the government.  
  • Amendments made through political consensus to reflect prevailing political philosophy and societal aspirations.  

Controversial Amendments

• Some amendments, particularly those made during the period 1970-1980, generated legal and political controversy.
• The 38th, 39th, and 42nd amendments, made during the Emergency, were seen as attempts to subvert the Constitution.  

Basic Structure and Evolution of the Constitution

• The theory of the basic structure of the Constitution, developed by the judiciary in the Kesavananda Bharati case, has significantly impacted the Constitution’s evolution.  
• This theory limits Parliament’s amending power by prohibiting amendments that violate the Constitution’s basic structure.  
• The judiciary is the final authority in determining whether an amendment violates the basic structure.  
• The basic structure doctrine has consolidated the balance between rigidity and flexibility in the amendment process.  

Constitution as a Living Document

• The Indian Constitution is a living document that adapts to changing situations and circumstances.  
• It has protected democracy and allowed for the evolution of new practices.  
• The judiciary has played a crucial role in resolving tensions between different branches of government and upholding the rule of law.  
• The maturity of political leadership has also contributed to the successful working of the Constitution.

Related Indian Constitution Articles:

• Article 2: Admission or establishment of new states.  
• Article 3: Formation of new states and alteration of areas, boundaries, or names of existing states.  
• Article 368: Power of Parliament to amend the Constitution and procedure therefor.  
• Article 74: Council of Ministers to aid and advise the President.  

Examples:

• Technical Amendment: Increasing the retirement age of High Court judges.  
• Amendment due to Differing Interpretations: Clarifying the President’s role in relation to the Council of Ministers.  
• Amendment through Political Consensus: Lowering the voting age from 21 to 18 years.  

Conclusion

• The Indian Constitution has successfully adapted to changing times and protected democracy due to its flexibility, openness to interpretation, and the balance between different branches of government.  
• Debates and differences are natural in a democracy, but the willingness of political parties and leaders to compromise has ensured the smooth functioning of the Constitution.  
• The people’s freedoms and well-being remain the ultimate purpose and outcome of democratic politics in India.           

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