Class 11 Political Science Chapter 9 Question Answer | Constitution as a Living Document | English Medium

Class 11 Political Science Chapter 9 Question Answer | Constitution as a Living Document | English Medium | ASSEB

Class 11 Political Science Chapter 9: Constitution as a Living Document

Welcome to HSLC Guru. This chapter, Constitution as a Living Document, is the ninth chapter of the ASSEB (Assam State Board of Secondary Education) Class 11 Political Science textbook Indian Constitution at Work. The chapter explains why the Indian Constitution is described as a “living document” — a dynamic instrument that has continued to function effectively for more than seven decades by adapting to changing social, political, and economic circumstances. It examines the formal amendment procedure under Article 368, traces the most important amendments since 1950, discusses the long-running interaction between Parliament and the Judiciary over amendment power, and finally presents the famous basic structure doctrine laid down in the Kesavananda Bharati case (1973). This study material includes the complete NCERT textbook exercise solutions, additional short and long answer questions, MCQs with answers, an amendments table, and a glossary of key terms — fully prepared in line with the latest ASSEB / HS 1st Year syllabus.

Summary

The Indian Constitution is called a living document because it is not a static, rigid set of rules but a dynamic instrument that responds to the changing needs of Indian society. Adopted on 26 November 1949 and brought into force on 26 January 1950, the Constitution has continued to operate effectively for more than seventy years because of three forces: the formal amendment procedure under Article 368, fresh judicial interpretations of its provisions by the Supreme Court, and political practice and convention. The framers consciously rejected both an excessively rigid model (like the United States) and a fully flexible model (like the United Kingdom). They produced a balanced procedure where some provisions can be changed by a simple majority, others require a special majority, and provisions that affect the federal structure require ratification by at least half of the State legislatures. This combination has allowed Parliament to make over one hundred amendments while protecting the Constitution’s core values from arbitrary alteration.

The amendment procedure under Article 368 recognises three categories. First, certain provisions — such as creation of new States, alteration of State boundaries, or admission of new States — can be amended by a simple majority of Parliament; these are technically not even counted as amendments under Article 368. Second, most parts of the Constitution can be amended by a special majority, which means a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting. Third, certain provisions that affect the federal balance — election of the President, executive powers of the Union and States, the Supreme Court and High Courts, distribution of legislative powers between Centre and States, representation of States in Parliament, and Article 368 itself — require, in addition to the special majority, ratification by the legislatures of at least half of the States. The President cannot withhold assent or send a constitutional amendment bill back for reconsideration.

Several amendments are landmarks in Indian constitutional history. The 1st Amendment (1951) introduced reasonable restrictions on freedom of speech and added the Ninth Schedule to protect land-reform laws from judicial review. The 42nd Amendment (1976), passed during the Emergency, is the most extensive ever — it added the words “Socialist”, “Secular” and “Integrity” to the Preamble, inserted the Fundamental Duties (Article 51A and Part IV-A), and severely curtailed judicial review; because of these features it is often called a “mini-Constitution” and remains highly controversial. The 44th Amendment (1978), passed by the Janata Government, restored many of the safeguards taken away in 1976, removed the right to property from Fundamental Rights and made it an ordinary legal right under Article 300A, and tightened the conditions for declaring a national emergency. The 73rd and 74th Amendments (1992) created a constitutional system of Panchayati Raj and Urban Local Government with one-third reservation of seats for women. The 86th Amendment (2002) made free and compulsory education for children aged 6–14 a Fundamental Right under Article 21A. The 101st Amendment (2016) introduced the Goods and Services Tax (GST), unifying India’s indirect-tax system. Many other amendments — the 52nd (anti-defection), 61st (voting age 21 to 18), 91st (limiting cabinet size), 97th (cooperative societies), 103rd (10 % EWS reservation) — also reflect the Constitution’s living character.

The amendment power has not been free of controversy. In Shankari Prasad (1951) and Sajjan Singh (1965) the Supreme Court accepted Parliament’s full power to amend any part of the Constitution including Fundamental Rights. In Golak Nath (1967) the Court reversed itself and held that Parliament could not curtail Fundamental Rights through amendment. Parliament responded with the 24th, 25th and 29th Amendments. The matter was finally settled in the historic case of Kesavananda Bharati v. State of Kerala (1973), where a 13-judge bench of the Supreme Court — by a 7:6 majority — propounded the basic structure doctrine: Parliament can amend any part of the Constitution including Fundamental Rights, but it cannot destroy or alter its basic structure. The Court did not provide a closed list, but later judgments have included supremacy of the Constitution, sovereign democratic republic, secularism, federalism, separation of powers, judicial review, rule of law, free and fair elections, parliamentary system, and the dignity of the individual within the basic structure. The doctrine has thus made the Indian Constitution both flexible and inviolable: flexible in detail, inviolable in essence. It is precisely this combination — formal amendments, judicial reinterpretation, basic structure protection, and political practice — that makes the Indian Constitution a true living document.

সাৰাংশ

ভাৰতীয় সংবিধানক এখন জীৱন্ত দলিল বুলি কোৱা হয় কাৰণ ই কোনো স্থিৰ আৰু অপৰিৱৰ্তনীয় নিয়মৰ পুথি নহয় — ই সমাজৰ পৰিৱৰ্তনশীল প্ৰয়োজন অনুসৰি নিজকে খাপ খুৱাব পৰা এক গতিশীল দলিল। ১৯৪৯ চনৰ ২৬ নৱেম্বৰত গৃহীত আৰু ১৯৫০ চনৰ ২৬ জানুৱাৰীত কাৰ্যকৰী হোৱা এই সংবিধানে আজি সত্তৰ বছৰৰো অধিক সময় কাৰ্যক্ষমভাৱে চলি আছে — কাৰণ ইয়াৰ ভিতৰত তিনিটা পৰিৱৰ্তনশীলতাৰ ব্যৱস্থা আছে: ধাৰা ৩৬৮ৰ অধীনত আনুষ্ঠানিক সংশোধনৰ পদ্ধতি, সৰ্বোচ্চ ন্যায়ালয়ৰ নতুন ব্যাখ্যা, আৰু ৰাজনৈতিক প্ৰথা। সংবিধান প্ৰণেতাসকলে আমেৰিকা বা ব্ৰিটেইনৰ দৰে এক চৰম পদ্ধতি গ্ৰহণ নকৰি এক ভাৰসাম্যপূৰ্ণ পদ্ধতি গ্ৰহণ কৰিছিল য’ত কিছুমান বিষয় সাধাৰণ সংখ্যাগৰিষ্ঠতাৰে, কিছুমান বিশেষ সংখ্যাগৰিষ্ঠতাৰে, আৰু সংঘীয় কাঠামোৰ লগত জড়িত বিষয় ৰাজ্যসমূহৰ অনুমোদনেৰে সংশোধন কৰিব পাৰি।

সংশোধনৰ পদ্ধতিত তিনিটা প্ৰকাৰ আছে: সাধাৰণ সংখ্যাগৰিষ্ঠতা (নতুন ৰাজ্য সৃষ্টি, সীমা পৰিৱৰ্তন আদি), বিশেষ সংখ্যাগৰিষ্ঠতা (মুঠ সদস্য সংখ্যাৰ গৰিষ্ঠাংশ আৰু উপস্থিত-ভোটদানকাৰীৰ দুই-তৃতীয়াংশ), আৰু বিশেষ সংখ্যাগৰিষ্ঠতা + অৰ্ধ ৰাজ্যৰ অনুমোদন (ৰাষ্ট্ৰপতি নিৰ্বাচন, সৰ্বোচ্চ ন্যায়ালয়, কেন্দ্ৰ-ৰাজ্য সম্বন্ধ আদি)। ৰাষ্ট্ৰপতিয়ে সংশোধন বিল ঘূৰাই দিব নোৱাৰে। প্ৰথম সংশোধন (১৯৫১), ৪২তম (১৯৭৬), ৪৪তম (১৯৭৮), ৭৩তম-৭৪তম (১৯৯২), ৮৬তম (২০০২) আৰু ১০১তম (২০১৬-জিএছটি) আৰু আনবোৰ গুৰুত্বপূৰ্ণ সংশোধনৰ যোগেদি সংবিধানে নিজৰ জীৱন্ত চৰিত্ৰ প্ৰদৰ্শন কৰিছে। ১৯৭৩ চনৰ কেশৱানন্দ ভাৰতী ৰায়দান সংসদৰ ক্ষমতাৰ ওপৰত এক স্থায়ী সীমা স্থাপন কৰিছিল — সংসদে সংবিধানৰ যিকোনো অংশ সংশোধন কৰিব পাৰে কিন্তু ইয়াৰ মৌলিক কাঠামো ধ্বংস কৰিব নোৱাৰে। এই কাঠামোৰ ভিতৰত সংবিধানৰ সৰ্বোচ্চতা, প্ৰজাতন্ত্ৰ, ধৰ্মনিৰপেক্ষতা, সংঘ, ক্ষমতা পৃথকীকৰণ, ন্যায়িক পুনৰীক্ষণ আৰু সংসদীয় ব্যৱস্থা অন্তৰ্ভুক্ত। ফলত ভাৰতীয় সংবিধান একে সময়তে নমনীয় আৰু অলংঘ্য — বিৱৰণত পৰিৱৰ্তনযোগ্য, মূলত স্থিৰ। এই বৈশিষ্ট্যেই ইয়াক প্ৰকৃত অৰ্থত এক জীৱন্ত দলিল কৰি তুলিছে।

NCERT Textbook Exercise — Questions and Answers

Q1. A Constitution needs to be amended from time to time because:
(a) Circumstances change and require suitable changes in the Constitution.
(b) Constitution made at one time is reflective of the prevailing conditions of that time and may become outdated.
(c) Every generation should have its own Constitution.
(d) Amendments are necessary because there are always mistakes in the original Constitution.

Answer: The correct options are (a) and (b). A Constitution must be amended because society does not stand still — economic conditions, political ideas, technology and social values keep changing, and the Constitution must remain relevant to those changes. Even the most carefully drafted Constitution reflects the conditions of the period in which it was made; over the years some provisions become outdated and others reveal unforeseen difficulties. Option (c) is incorrect because each generation does not need a brand-new Constitution — continuity is important. Option (d) is wrong because amendments do not assume mistakes; they reflect changing needs.

Q2. Which of the following is/are true about the amendment procedure?
(a) The President of India can send the amendment bill back for reconsideration.
(b) Elected representatives alone have the power to make amendments.
(c) Constitution amendment bill cannot be introduced in the State Legislatures.
(d) Judiciary cannot initiate the process of constitutional amendment but it can change the Constitution by interpreting it differently.

Answer: Statements (b), (c) and (d) are true; statement (a) is false. The President cannot return a Constitution Amendment Bill — once the bill is duly passed by both Houses (and ratified by the required number of States, where necessary) the President is bound to give assent. Only Parliament — that is, elected representatives — can introduce and pass an amendment; State Legislatures cannot initiate one. The judiciary cannot itself begin an amendment, but through fresh interpretation of constitutional provisions it can effectively reshape their meaning.

Q3. Discuss the role played by the following in the amendment process: (a) Technical or procedural agencies (b) Agencies that take substantive decisions (c) Public participation in the amendment process.

Answer:

(a) Technical / procedural agencies: The President of India and the Speaker of the Lok Sabha / Chairman of the Rajya Sabha play technical roles. They certify that the bill has been passed correctly and the President gives the formal assent without which the amendment cannot become law. They cannot reject or modify the substance.
(b) Agencies taking substantive decisions: The Parliament (Lok Sabha and Rajya Sabha) is the principal body — every amendment must originate in and be passed by both Houses with the required majority. For amendments affecting federal provisions, State Legislatures become substantive decision-makers because at least half of them must ratify the amendment. The Judiciary exercises a substantive role through judicial review — it can declare an amendment void if it violates the basic structure of the Constitution.
(c) Public participation: Although ordinary citizens have no direct constitutional role, they participate indirectly. They elect the Members of Parliament who pass amendments, they express opinion through media, debates and civil-society movements, and political parties incorporate constitutional reforms in their election manifestos. Public pressure has often led to important amendments — the 73rd–74th amendments, the Right to Education amendment (86th), and the anti-defection amendment (52nd) all reflect public demand.

Q4. The 42nd Amendment is considered to be very controversial. Why?

Answer: The 42nd Amendment of 1976 is regarded as the most controversial of all amendments for several reasons. First, it was passed during the National Emergency (1975–77), when most opposition leaders were in jail, the press was censored, and free debate inside and outside Parliament was practically suspended. Second, it made very wide-ranging changes — it added the words “Socialist”, “Secular” and “Integrity” to the Preamble, inserted Part IV-A on Fundamental Duties, gave precedence to the Directive Principles over Fundamental Rights, sharply restricted judicial review, extended the term of the Lok Sabha and State Assemblies from five to six years, and curtailed the powers of the High Courts. Third, it was seen as an attempt to concentrate power in the hands of the executive and to weaken the independence of the judiciary. Because of these features the 42nd Amendment is often called a “mini-Constitution”. The 44th Amendment of 1978 reversed many of its most contentious provisions.

Q5. Why have so many amendments been made to the Constitution since 1950? What does this show about the Constitution?

Answer: Since 26 January 1950 more than one hundred amendments have been made — an average of roughly one and a half amendments per year. The reasons are varied: (i) technical adjustments like creation or reorganisation of States and changes in the salaries and tenure of constitutional officers; (ii) response to judicial interpretations with which Parliament disagreed (1st, 24th, 25th, 26th, 39th and 42nd Amendments); (iii) political consensus on reforms (52nd anti-defection, 61st reducing voting age, 73rd-74th on local self-government); (iv) response to changing socio-economic needs (86th on Right to Education, 101st on GST, 103rd on EWS reservation); and (v) differences over centre–State relations, taxation and reservation policies. The high number of amendments shows that the Constitution is a living document — it neither remains frozen in 1950 nor falls apart under pressure of change. It also shows that the framers built into it a balance of flexibility and rigidity that has allowed peaceful evolution rather than revolutionary upheaval.

Q6. If amending the Constitution is mainly the task of the legislature, why should the judiciary be involved in the process of amendment? Discuss.

Answer: Although Parliament alone can pass an amendment, the involvement of the judiciary is necessary for several reasons. First, even an amendment is a law, and like all laws it must satisfy the Constitution. The judiciary, as the guardian of the Constitution, has the duty of judicial review. Second, the Constitution sets up a system of limited government — no organ, including Parliament, can act outside the limits the Constitution prescribes. Without judicial scrutiny, Parliament could use its temporary majority to destroy democracy, federalism, secularism or the rule of law. Third, the experience of the 42nd Amendment showed that a powerful ruling party could misuse the amending power. Fourth, the basic structure doctrine evolved in the Kesavananda Bharati case has placed a clear limit: Parliament can amend any provision but cannot destroy the basic structure. The judiciary alone can decide whether an amendment crosses that line. Thus judicial involvement is not an obstruction but a safeguard that protects the Constitution from any temporary majority and keeps the document genuinely alive.

Q7. Read the following extracts from the recommendations of the National Commission to Review the Working of the Constitution (NCRWC) and answer the questions.

Answer: The NCRWC was set up in 2000 under the chairmanship of Justice M.N. Venkatachaliah and submitted its report in 2002. Its core message was that the Constitution had served India well and there was no need for a new Constitution; only working improvements were required. Important recommendations included: stricter anti-defection rules, deletion of Article 356, codification of conventions on the appointment of Governors, recognition of socio-economic rights, electoral reforms, and review of the working of Centre–State relations. The Commission’s approach itself confirms the chapter’s main argument — that the Constitution is a living document whose strength lies in continuous review and adaptation rather than total replacement.

Q8. The Indian Constitution was made by a body of experienced persons who knew that the Constitution should not be revised every now and then. They were also concerned that the Constitution should be open to changes when the situation demands. Keeping in mind both these aspects, what device did they use to keep the Constitution adaptable?

Answer: The framers achieved this balance through several carefully designed devices:

Three-tier amendment procedure under Article 368 — simple majority for technical provisions, special majority for most provisions, and special majority plus ratification by half of the States for federal provisions. This makes routine changes possible while protecting fundamental features.
Combination of rigid and flexible elements — neither so rigid as the U.S. Constitution nor so flexible as the British Constitution.
No requirement of a referendum — Parliament with the necessary majority can amend the Constitution; no fresh constituent assembly is needed.
Provisions left for Parliament to fill in by ordinary law — citizenship, electoral matters, official languages and several others can be modified by ordinary legislation.
Open language in articles such as those on Fundamental Rights, which allows fresh judicial interpretation in changing times.
Judicial review — through reinterpretation, the courts can give old provisions new meanings without any formal amendment.

Together these devices have kept the Constitution adaptable for more than seventy years.

Q9. Read the following extracts from the debates of the Constituent Assembly. What concerns are being raised in these speeches? Are these relevant today? In what way?

Answer: The Constituent Assembly debates show two major concerns: (i) the Constitution should not be too easy to amend, otherwise the ruling party of the day would treat it as a “plaything” and destroy its principles; and (ii) it should not be so rigid that it cannot keep pace with society. Dr B.R. Ambedkar argued strongly for a balanced procedure, and his prediction has been confirmed by experience — the 42nd Amendment showed how a temporary majority can misuse amending power, while the basic structure doctrine has shown how the judiciary can save the Constitution from such misuse. These concerns are highly relevant today: the rise of strong single-party majorities, the use of amendments to override court rulings, and the growing demand for new social rights all make a careful balance between flexibility and stability as important as it was in 1949.

Q10. “The authority of interpreting the Constitution lies with the Judiciary. So, no one else need to bother about the meaning of the Constitution. It is exclusively the job of the judges.” Therefore, do you agree with this statement? Why or why not? Give your reasons.

Answer: No, this view is incorrect. While the judiciary is the final interpreter of the Constitution, the duty of understanding and respecting it is shared by all. Members of Parliament and State Legislatures must understand the Constitution before legislating; the executive must work within its limits; political parties must accept its values; and most importantly, citizens — for whom the Constitution exists — must know their rights and duties. A democratic Constitution is not a private contract among judges. It belongs to “We, the People” and works only when ordinary citizens, lawmakers and administrators all engage with it. The judiciary’s role is corrective, not exclusive. Therefore, every Indian needs to bother about the meaning of the Constitution.

Additional Short Answer Questions

Q1. What is meant by saying that the Constitution is a “living document”?

Answer: The expression “living document” means that the Constitution is not a closed and static rule book but a dynamic instrument that responds to the changing social, economic and political circumstances of the country. Through formal amendments, fresh judicial interpretations and political conventions, it continues to grow with the nation while keeping its essential principles intact.

Q2. What is Article 368?

Answer: Article 368 of the Indian Constitution lays down the procedure by which Parliament can amend the Constitution. It describes the kinds of majority required and the categories of provisions that need ratification by State Legislatures.

Q3. What is meant by a special majority?

Answer: A special majority is a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting. Both conditions must be satisfied at the same time.

Q4. Name three categories of constitutional amendments.

Answer: The three categories are (i) amendments by simple majority of Parliament, (ii) amendments by special majority of Parliament, and (iii) amendments by special majority of Parliament along with ratification by at least half of the State Legislatures.

Q5. Can the President of India veto a Constitution Amendment Bill?

Answer: No. After the 24th Amendment (1971), the President is bound to give assent to a Constitution Amendment Bill. The President cannot withhold assent or send it back for reconsideration.

Q6. What is the basic structure doctrine?

Answer: The basic structure doctrine is the principle laid down by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973) that Parliament has the power to amend any part of the Constitution under Article 368, but it cannot alter or destroy the basic structure or essential features of the Constitution.

Q7. State two features that have been declared part of the basic structure.

Answer: Two features that have been recognised as part of the basic structure are (i) the supremacy of the Constitution and (ii) judicial review. Other features include democracy, secularism, federalism, separation of powers and the rule of law.

Q8. What was the Golak Nath case?

Answer: In Golak Nath v. State of Punjab (1967), the Supreme Court held that Parliament could not amend Fundamental Rights, reversing earlier decisions. To overcome this judgment, Parliament passed the 24th Amendment Act, 1971, which restored Parliament’s power to amend any part of the Constitution including Fundamental Rights.

Q9. What did the 1st Amendment of 1951 do?

Answer: The 1st Amendment Act, 1951, added reasonable restrictions on freedom of speech and expression, and inserted the Ninth Schedule in the Constitution to protect land-reform laws from judicial review.

Q10. Mention any two key features of the 42nd Amendment.

Answer: Two key features of the 42nd Amendment, 1976, are: (i) the words “Socialist”, “Secular” and “Integrity” were added to the Preamble, and (ii) Part IV-A on Fundamental Duties (Article 51A) was inserted.

Q11. What did the 44th Amendment do?

Answer: The 44th Amendment Act, 1978, reversed many provisions of the 42nd Amendment. It removed the right to property from Fundamental Rights and made it an ordinary legal right under Article 300A, restored the powers of the judiciary, and made the conditions for declaring National Emergency more difficult.

Q12. What is the significance of the 73rd and 74th Amendments?

Answer: The 73rd and 74th Amendments of 1992 gave constitutional status to Panchayati Raj institutions in rural areas and Municipalities in urban areas. They reserved one-third of all seats for women and provided for State Election Commissions and State Finance Commissions, deepening grass-roots democracy.

Q13. What did the 86th Amendment provide?

Answer: The 86th Amendment Act, 2002, inserted Article 21A in the Constitution making free and compulsory education for all children between the ages of 6 and 14 a Fundamental Right.

Q14. What is the 101st Amendment about?

Answer: The 101st Amendment Act, 2016, introduced the Goods and Services Tax (GST) by amending several articles relating to Centre-State financial relations. It replaced multiple indirect taxes with a single unified tax system across India.

Q15. What is the role of judicial review in keeping the Constitution alive?

Answer: Judicial review allows the Supreme Court and High Courts to examine whether laws and amendments violate the Constitution. Through fresh interpretations of provisions like Article 21 (Right to Life and Liberty), the courts can extend constitutional protection to new situations such as privacy, environment and education without any formal amendment, keeping the Constitution alive.

Q16. What is anti-defection law?

Answer: The 52nd Amendment Act, 1985, added the Tenth Schedule to the Constitution to provide for the disqualification of members of Parliament and State Legislatures who defect from one political party to another. The 91st Amendment, 2003, further strengthened it by abolishing the “split” provision and limiting the size of the Council of Ministers.

Q17. Why was the voting age reduced from 21 to 18 years?

Answer: The 61st Amendment Act, 1989, reduced the voting age from 21 to 18 years to give the youth, who form a large part of the population, an opportunity to participate in the political process and to express their views in elections.

Q18. What is meant by “spirit of the Constitution”?

Answer: The “spirit of the Constitution” refers to the underlying values and intentions of the framers — democracy, justice, equality, liberty, fraternity, secularism and the dignity of the individual. Courts and citizens often interpret provisions in the light of this spirit rather than the strict letter, ensuring the document remains true to its objectives.

Q19. Why is the Indian Constitution called both rigid and flexible?

Answer: The Indian Constitution is called rigid because some provisions can only be amended by special majority and ratification by States, and flexible because many provisions can be amended by simple majority. This unique blend allows necessary changes while protecting fundamental features.

Q20. Who can introduce a Constitution Amendment Bill?

Answer: A Constitution Amendment Bill can be introduced in either House of Parliament — Lok Sabha or Rajya Sabha — by a Minister or by any private Member. State Legislatures cannot introduce such bills.

Long Answer Questions

Q1. Explain in detail the procedure of amendment of the Indian Constitution as laid down in Article 368.

Answer: Article 368 lays down a careful procedure that combines flexibility with rigidity. It recognises three categories.

(i) Amendment by simple majority: Certain provisions — admission or establishment of new States (Article 2), formation of new States and alteration of areas, boundaries or names (Article 3), creation or abolition of Legislative Councils, the Second, Fifth and Sixth Schedules, citizenship, salaries and allowances, etc. — can be amended by a simple majority of members present and voting in each House. These changes are technically not even counted as amendments under Article 368.

(ii) Amendment by special majority: Most provisions of the Constitution, including Fundamental Rights and Directive Principles, are amended by special majority — that is, a majority of the total membership of each House and not less than two-thirds of the members present and voting. The Bill must be passed in both Houses separately; there is no provision for a joint sitting on a Constitution Amendment Bill.

(iii) Amendment by special majority plus ratification by States: Provisions that affect the federal structure require, in addition to special majority of Parliament, ratification by the legislatures of at least one-half of the States. These include the election of the President (Articles 54 and 55), executive powers of the Union and States, the Supreme Court and High Courts, distribution of legislative powers between the Centre and the States, the Seventh Schedule, the representation of States in Parliament, and Article 368 itself.

The bill may be introduced in either House of Parliament by a Minister or a private Member. There is no need for the President’s prior recommendation. After the Bill is passed by both Houses with the required majority — and ratified by the required States in the third category — it is presented to the President, who is bound to give assent (24th Amendment, 1971). On Presidential assent the Bill becomes a Constitution Amendment Act and the Constitution stands amended.

Q2. What is the basic structure doctrine? Discuss the Kesavananda Bharati case (1973) and its significance.

Answer: The basic structure doctrine is the most important judicial contribution to Indian constitutional law. It holds that Parliament has unlimited power to amend the Constitution under Article 368, but it cannot alter or destroy the basic structure or essential features of the Constitution.

The doctrine emerged from a long conflict between Parliament and the judiciary. In Shankari Prasad (1951) and Sajjan Singh (1965) the Supreme Court accepted Parliament’s full amending power. In Golak Nath v. State of Punjab (1967) it reversed itself and held that Parliament could not curtail Fundamental Rights through amendment. Parliament responded with the 24th Amendment (restoring amending power), the 25th Amendment (limiting compensation for property and giving precedence to Articles 39(b) and (c)) and the 29th Amendment.

These amendments were challenged in Kesavananda Bharati v. State of Kerala (1973). A historic 13-judge bench — the largest ever in Indian history — by a 7:6 majority held that Parliament could amend any part of the Constitution including Fundamental Rights, but it could not destroy the basic structure. The Court did not give a closed list of basic features but suggested examples like supremacy of the Constitution, republican and democratic form of government, secular character, federalism, separation of powers and the dignity of the individual.

The doctrine was reaffirmed in Indira Gandhi v. Raj Narain (1975), Minerva Mills (1980) and many later cases. It has been used to strike down parts of the 39th and 42nd Amendments. Its significance is enormous: (i) it places a permanent check on Parliament’s amending power, (ii) it protects democracy from any future authoritarian majority, (iii) it makes judicial review itself a basic feature, and (iv) it gives the Constitution both adaptability in detail and inviolability in essence — making it a true living document.

Q3. Discuss the major amendments to the Indian Constitution and their importance.

Answer: Since 1950 the Constitution has been amended over one hundred times. Some amendments have been routine; others have transformed Indian polity.

1st Amendment (1951): Added reasonable restrictions on free speech; inserted Ninth Schedule to protect land-reform laws.
7th Amendment (1956): Reorganised States on linguistic basis.
24th Amendment (1971): Confirmed Parliament’s power to amend any part including Fundamental Rights; made President’s assent mandatory.
42nd Amendment (1976): Most extensive amendment; added “Socialist”, “Secular”, “Integrity” to Preamble; inserted Fundamental Duties; restricted judicial review; extended legislatures’ term to six years.
44th Amendment (1978): Reversed several emergency-era provisions; removed property from Fundamental Rights; tightened conditions for emergency.
52nd Amendment (1985): Anti-defection law; added Tenth Schedule.
61st Amendment (1989): Reduced voting age from 21 to 18.
73rd & 74th Amendments (1992): Constitutional status to Panchayati Raj and Municipalities; one-third reservation for women.
86th Amendment (2002): Right to free and compulsory education for children aged 6-14 (Article 21A).
91st Amendment (2003): Limited size of Council of Ministers to 15 % of strength of House; strengthened anti-defection law.
97th Amendment (2011): Right to form cooperative societies as a Fundamental Right.
101st Amendment (2016): Introduced Goods and Services Tax (GST).
103rd Amendment (2019): 10 % reservation for Economically Weaker Sections (EWS).

These amendments show that the Constitution has responded to political crises, social movements, judicial pronouncements and the demand for economic reform. They demonstrate why the Constitution is rightly described as a living document.

Q4. Why is the Indian Constitution called a living document? Explain with examples.

Answer: The Indian Constitution is called a living document because it has the inbuilt capacity to adapt itself to new situations through three principal channels.

Formal amendments: More than one hundred amendments since 1950 — from the 1st (1951) to the 105th (2021) — show how Parliament has updated the Constitution to meet new demands such as land reform, anti-defection, reservation, education and taxation.
Judicial interpretation: The Supreme Court has continuously expanded the meaning of constitutional provisions. Article 21, originally a narrow right against arbitrary detention, has been re-read to include the right to live with dignity, the right to privacy (Puttaswamy, 2017), the right to clean environment, the right to food and shelter, and the right to education. None of these required a formal amendment.
Political practice and convention: Conventions on the appointment of the Prime Minister, the working of coalition governments, the functioning of the Speaker, and Centre–State relations have also evolved over time.

Together these three channels keep the Constitution alive. Even after seven decades, the document continues to govern a vast and diverse country precisely because it has remained open to change without losing its identity.

Q5. Examine the relationship between Parliament and the Judiciary in the matter of constitutional amendments.

Answer: The relationship has passed through several phases of cooperation and conflict.

Phase 1 (1950–1967): The Court accepted Parliament’s full amending power in Shankari Prasad and Sajjan Singh. The 1st, 4th and 17th Amendments were upheld.
Phase 2 (1967–1973): In Golak Nath the Court held that Fundamental Rights could not be amended. Parliament reacted with the 24th, 25th and 29th Amendments.
Phase 3 (1973 onwards): The Kesavananda Bharati verdict struck a balance — Parliament can amend any part but not the basic structure. The 42nd Amendment tried to undo this; the 44th Amendment partially restored balance, and Minerva Mills (1980) firmly entrenched the doctrine.
Recent phase: Parliament and the Court have generally cooperated, but disputes have appeared on issues like the National Judicial Appointments Commission (struck down in 2015), reservations, and the Ninth Schedule (I.R. Coelho, 2007).

The relationship can therefore be described as one of creative tension. Parliament represents the will of the people; the judiciary protects the basic values of the Constitution. Together they keep the document alive yet inviolable.

Q6. Critically analyse the 42nd Amendment of 1976.

Answer: The 42nd Amendment Act, 1976, is the most far-reaching amendment ever passed in India. Its main provisions were:

Added “Socialist”, “Secular” and “Integrity” to the Preamble.
Inserted Part IV-A on Fundamental Duties (Article 51A).
Gave precedence to Directive Principles over Fundamental Rights.
Curtailed the powers of the Supreme Court and High Courts to review constitutional amendments.
Extended the term of Lok Sabha and State Assemblies from five to six years.
Made Cabinet advice binding on the President.
Transferred education, forests, weights and measures, etc., from the State List to the Concurrent List.

Critical evaluation: Some provisions, such as the addition of Fundamental Duties and the inclusion of “Secular” in the Preamble, were welcomed. However, the Amendment was passed during the Emergency, when opposition leaders were in jail and free debate was impossible. It concentrated power in the executive, weakened the judiciary, and threatened federalism. Many of its provisions were therefore reversed by the 44th Amendment (1978), and the Supreme Court struck down its anti-judicial-review clauses in Minerva Mills (1980). The 42nd Amendment is thus remembered as a warning against misuse of the amending power and a strong argument for the basic structure doctrine.

Q7. Explain how the Indian Constitution balances rigidity and flexibility.

Answer: The framers of the Indian Constitution rejected both the extreme rigidity of the U.S. Constitution and the extreme flexibility of the British Constitution. They designed a balanced procedure under Article 368.

Flexible elements: Several provisions can be changed by a simple majority — citizenship rules, formation of new States, salaries of constitutional officers, official languages of States, etc. Parliament can also alter much of the Constitution by special majority alone.
Rigid elements: Provisions affecting federalism — election of the President, distribution of legislative powers, representation of States, the Supreme Court — require ratification by at least half of the State Legislatures in addition to special majority.
Inviolable core: After Kesavananda Bharati, the basic structure cannot be altered at all.

This three-tier scheme has allowed the Constitution to be updated more than a hundred times without losing stability or identity. Granville Austin called this combination “the chief excellence” of the Indian Constitution.

Q8. Discuss the role of judicial review in keeping the Indian Constitution a living document.

Answer: Judicial review is the power of the Supreme Court and High Courts to examine the validity of legislative and executive actions and to strike them down if they violate the Constitution. It plays a crucial role in keeping the Constitution alive in three ways.

Reinterpretation: Old provisions are given new meanings to suit changing times. Article 21 has been expanded from a mere protection against unlawful detention into a wide-ranging right to dignity, livelihood, privacy, education and a clean environment.
Protection of basic structure: Through the basic structure doctrine the Court ensures that no amendment, however passed, can destroy the essence of the Constitution.
Protection of rights: Through public interest litigation (PIL), the courts have protected rights of bonded labourers, prisoners, women and the environment, often filling legislative gaps.

Without judicial review the Constitution would either become frozen in 1950 or be at the mercy of every passing majority. Judicial review keeps the document continuously responsive to new realities and is itself a part of the basic structure.

Multiple Choice Questions (MCQs)

1. The Indian Constitution came into force on:
(a) 26 November 1949 (b) 15 August 1947 (c) 26 January 1950 (d) 2 October 1950

Answer: (c) 26 January 1950

2. Article 368 of the Constitution deals with:
(a) Fundamental Rights (b) Procedure of Amendment (c) Directive Principles (d) Emergency Provisions

Answer: (b) Procedure of Amendment

3. A Constitution Amendment Bill can be introduced in:
(a) Only the Lok Sabha (b) Only the Rajya Sabha (c) Either House of Parliament (d) State Assemblies

Answer: (c) Either House of Parliament

4. The basic structure doctrine was propounded in the case of:
(a) Golak Nath (b) Shankari Prasad (c) Kesavananda Bharati (d) Minerva Mills

Answer: (c) Kesavananda Bharati

5. The Kesavananda Bharati judgment was delivered in:
(a) 1967 (b) 1971 (c) 1973 (d) 1976

6. Which amendment is called the “Mini-Constitution”?
(a) 24th (b) 42nd (c) 44th (d) 73rd

Answer: (b) 42nd

7. The 42nd Amendment was passed in the year:
(a) 1971 (b) 1973 (c) 1976 (d) 1978

8. The 44th Amendment removed which Fundamental Right?
(a) Right to Equality (b) Right to Property (c) Right to Freedom (d) Right to Education

Answer: (b) Right to Property

9. The 73rd and 74th Amendments are related to:
(a) Anti-defection (b) GST (c) Local Self-Government (d) Right to Education

Answer: (c) Local Self-Government

10. The 86th Amendment provides for:
(a) GST (b) Right to Education (c) Anti-defection (d) EWS Reservation

Answer: (b) Right to Education

11. The 101st Amendment introduced:
(a) Right to Privacy (b) Goods and Services Tax (c) Anti-defection (d) Reservation for women

Answer: (b) Goods and Services Tax

12. The 61st Amendment reduced the voting age to:
(a) 16 years (b) 18 years (c) 19 years (d) 20 years

Answer: (b) 18 years

13. The 52nd Amendment is related to:
(a) Right to Education (b) GST (c) Anti-defection (d) Local Government

Answer: (c) Anti-defection

14. Which of the following is part of the “basic structure” of the Constitution?
(a) Federalism (b) Judicial Review (c) Secularism (d) All of these

Answer: (d) All of these

15. The President’s assent to a Constitution Amendment Bill is:
(a) Discretionary (b) Mandatory (c) Optional (d) Conditional

Answer: (b) Mandatory

16. Which amendment made the President’s assent to amendment bills mandatory?
(a) 24th (b) 25th (c) 26th (d) 42nd

Answer: (a) 24th

17. Special majority requires the support of:
(a) Simple majority of present and voting
(b) Two-thirds of total members
(c) Majority of total members and two-thirds of present and voting
(d) Three-fourths of total members

Answer: (c) Majority of total members and two-thirds of present and voting

18. Ratification by half of the State Legislatures is required for amendment of:
(a) Fundamental Rights (b) Directive Principles (c) Election of the President (d) Preamble

Answer: (c) Election of the President

19. The Golak Nath case was decided in:
(a) 1965 (b) 1967 (c) 1971 (d) 1973

Answer: (b) 1967

20. Which Schedule was inserted by the 1st Amendment?
(a) Eighth (b) Ninth (c) Tenth (d) Eleventh

Answer: (b) Ninth

21. The Tenth Schedule was added by:
(a) 42nd Amendment (b) 52nd Amendment (c) 61st Amendment (d) 73rd Amendment

Answer: (b) 52nd Amendment

22. Which amendment introduced 10 % reservation for Economically Weaker Sections (EWS)?
(a) 100th (b) 101st (c) 102nd (d) 103rd

Answer: (d) 103rd

23. Which one of the following is NOT part of the basic structure?
(a) Sovereignty (b) Federalism (c) Secularism (d) Right to Property

Answer: (d) Right to Property

24. Constitution Amendment Bills cannot be referred to a:
(a) Standing Committee (b) Joint Sitting (c) Select Committee (d) Cabinet

Answer: (b) Joint Sitting

25. The Indian Constitution is best described as:
(a) Wholly Rigid (b) Wholly Flexible (c) Partly Rigid and Partly Flexible (d) None of these

Answer: (c) Partly Rigid and Partly Flexible

Important Constitutional Amendments — Quick Reference Table

Amendment	Year	Main Provision
1st	1951	Reasonable restrictions on free speech; added Ninth Schedule to protect land-reform laws
7th	1956	Reorganisation of States on linguistic basis
24th	1971	Confirmed Parliament’s power to amend any part of Constitution; made President’s assent mandatory
25th	1971	Limited compensation for property; gave precedence to Articles 39(b) & (c)
42nd	1976	“Mini-Constitution”; added Socialist, Secular, Integrity to Preamble; Fundamental Duties; restricted judicial review
44th	1978	Reversed several emergency-era provisions; removed Right to Property from Fundamental Rights
52nd	1985	Anti-defection law; Tenth Schedule
61st	1989	Reduced voting age from 21 to 18 years
73rd	1992	Constitutional status to Panchayati Raj; reservation for women
74th	1992	Constitutional status to Municipalities; State Election & Finance Commissions
86th	2002	Right to free and compulsory education (Article 21A); inserted education as Fundamental Duty
91st	2003	Strengthened anti-defection; limited Council of Ministers to 15 % of House strength
97th	2011	Right to form cooperative societies as Fundamental Right
101st	2016	Goods and Services Tax (GST)
103rd	2019	10 % reservation for Economically Weaker Sections (EWS)
105th	2021	Restored power of States to identify Socially and Educationally Backward Classes

Key Terms / Glossary

Term	Meaning
Living Document	A constitution that adapts to changing circumstances through amendments, judicial interpretation and convention
Article 368	The article of the Indian Constitution that lays down the procedure for its amendment
Simple Majority	Majority of the members present and voting in each House
Special Majority	Majority of total membership of each House and two-thirds of members present and voting
Ratification	Approval of an amendment by State Legislatures (required for federal provisions)
Basic Structure	Essential features of the Constitution that Parliament cannot destroy through amendment
Judicial Review	Power of courts to examine the constitutional validity of laws and amendments
Kesavananda Bharati Case	1973 Supreme Court judgment that propounded the basic structure doctrine
Golak Nath Case	1967 Supreme Court judgment that briefly held Fundamental Rights cannot be amended
Minerva Mills Case	1980 Supreme Court judgment that reaffirmed the basic structure doctrine
Ninth Schedule	Schedule added by the 1st Amendment to protect land-reform laws from judicial review
Tenth Schedule	Schedule added by 52nd Amendment containing the anti-defection law
Mini-Constitution	Common name for the 42nd Amendment, 1976, due to its very wide scope
Article 21A	Right to free and compulsory education for children aged 6-14, added by 86th Amendment
Article 300A	Right to property as an ordinary legal right, added by 44th Amendment
GST	Goods and Services Tax — a unified indirect tax introduced by the 101st Amendment, 2016

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