Constitution as a Living Document Chapter 9 Class 11 Notes

The Indian Constitution is a comprehensive and living document that governs the nation’s democratic framework. It establishes the structure of the government, outlines the rights and duties of citizens, and defines the powers of different branches. Amendments to the Constitution are essential to adapt to changing societal needs and emerging challenges while preserving its core principles and values.

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Constitution as a Living Document Chapter 9 Class 11 Notes

Are Constitutions Static?

Nations often rewrite their constitutions due to changing circumstances, societal shifts, or political upheavals. For instance, the Soviet Union had multiple constitutions during its existence, while Russia adopted a new constitution after its dissolution. In contrast, India’s Constitution, adopted in 1949 and implemented in 1950, has remained unchanged for over 69 years.

The durability of India’s Constitution can be attributed to its robust framework and the foresight of its makers. However, no constitution can anticipate all future changes, necessitating modifications over time. India’s Constitution acknowledges the need for adjustments to meet evolving societal needs.

Flexibility in interpretation, both politically and judicially, has allowed India’s Constitution to adapt to changing circumstances. This adaptability makes it a living document rather than a rigid rulebook. Drafting a constitution involves addressing current challenges while providing a framework for the future. Hence, it must be capable of responding to future challenges while retaining enduring principles.

Although a constitution reflects a society’s aspirations, it is subject to revision and reexamination. While considered sacred, it is also recognized as a framework for democratic governance that may require amendments. India’s Constitution strikes a balance between reverence and adaptability, acknowledging the need for future modifications. It is neither static nor immutable, but a dynamic document capable of evolving with the times.

How To Amened the Indian Constitution?

The framers of our Constitution aimed to strike a delicate balance between flexibility and rigidity. They recognized the need for amendments to rectify errors or address temporary provisions while safeguarding against unnecessary and frequent changes. The Indian Constitution embodies both characteristics, being flexible in some aspects and rigid in others.

Certain provisions of the Constitution are open to amendment through simple parliamentary laws, without requiring any special procedures. These flexible parts allow for relatively easy modification by the Parliament, as indicated by phrases such as “by law” in relevant articles.

For other parts of the Constitution, a more stringent amendment process is outlined in Article 368. This process involves either a special majority of both houses of Parliament or a special majority of Parliament along with the consent of half of the State legislatures. All amendments are initiated solely within the Parliament, without the involvement of external bodies.

Once passed by the Parliament and, in some cases, by State legislatures, an amendment bill does not require a referendum for ratification. Unlike other bills, an amendment bill does not require the President’s power to send it back for reconsideration, simplifying the process.

This streamlined amendment procedure emphasizes the sovereignty of elected representatives, who are entrusted with considering and making final decisions on amendments. While the process could have been more rigid and complicated, the Constitution prioritizes simplicity and parliamentary sovereignty in ensuring effective governance and democratic decision-making.

Special Majority

The framers of the Indian Constitution aimed to balance flexibility and rigidity, allowing for necessary amendments while preventing unnecessary changes. Certain provisions can be easily amended through parliamentary laws, while others require a more stringent process outlined in Article 368. This process involves a special majority in Parliament or Parliament’s special majority along with consent from half of the State legislatures. Amendments are initiated solely within Parliament without external involvement. Once passed, an amendment bill does not need a referendum for ratification and does not require the President’s power to send it back for reconsideration. This streamlined procedure emphasizes the sovereignty of elected representatives and ensures effective governance through broad political consensus.

Ratification by States

Certain articles of the Constitution require more than a special majority for amendment. When the amendment involves changes to powers between States and the central government or matters of representation, States must be consulted and give their consent. This ensures that States’ powers are not subject to central government control, upholding the federal nature of the Constitution. The amendment process respects States by requiring the consent of half the States’ legislatures, yet maintains flexibility with a simple majority requirement. Overall, the Constitution can be amended through broad consensus and limited State participation, ensuring it is not easily tampered with while allowing for necessary modifications over time.

Why have there been so many Amendments?

On January 26, 2019, the Constitution of India celebrated 69 years since its adoption, having undergone 103 amendments by January 12, 2019. Despite the relatively challenging process for amending the Constitution, the frequency of amendments appears high. An examination of the history of amendments reveals interesting patterns: between 1970 and 1990, there was a notable surge in amendments, with two periods standing out—1974 to 1976 and 2001 to 2003—when ten amendments occurred within three years each.

The political landscape during these periods differed significantly: the former marked Congress party dominance, while the latter was characterized by coalition politics and rivalry between the BJP and its opponents. However, the frequency of amendments cannot be solely attributed to the ruling party’s majority. Criticism of the high number of amendments is common, but the graphs suggest that amendments are not solely driven by political motives.

With amendments occurring consistently in every decade since the Constitution’s inception, it indicates the necessity for periodic revisions, regardless of political circumstances. This raises questions about the original Constitution’s adequacy and whether it is too flexible.

Contents of Amendments Made so far

1. Technical or Administrative Amendments:
   • These amendments clarify or modify original provisions but do not substantially alter them.
   • Examples include increasing the retirement age of High Court judges and adjusting salaries of judges.
2. Amendments to Address Judicial Interpretations:
   • Amendments are made to underline specific interpretations of the Constitution conflicting with those of the judiciary.
   • This arises from differing interpretations between the judiciary and the government, necessitating clarification through amendments.
3. Amendments through Political Consensus:
   • Amendments reflect evolving political philosophies and societal aspirations, often based on consensus among political parties.
   • Instances include anti-defection amendments, lowering the voting age, and expanding reservations in jobs and admissions.
4. Controversial Amendments:
   • Amendments from 1970 to 1980 sparked legal and political controversies, particularly during the internal emergency from June 1975.
   • Controversial amendments include the 38th, 39th, and 42nd amendments, which sought to make significant changes to the Constitution.
   • The 42nd amendment, in particular, was viewed as a wide-ranging attempt to override Supreme Court rulings and rewrite parts of the Constitution.
   • The 43rd and 44th amendments were later introduced to repeal most changes made by these controversial amendments, restoring constitutional balance.

Basic Structure & Evolution of the Constitution

The theory of the basic structure of the Constitution, established by the Judiciary in the Kesavananda Bharati case in 1973, has significantly influenced the evolution of the Indian Constitution. This theory:

• Limits Parliament’s power to amend the Constitution by prohibiting amendments that violate its basic structure.
• Allows Parliament to amend any part of the Constitution within this limitation.
• Empowers the Judiciary as the final authority in determining whether an amendment violates the basic structure. Over the past four decades, this ruling has guided interpretations of the Constitution, demonstrating the concept of a living constitution. Despite not being explicitly mentioned in the Constitution, the theory of basic structure has emerged from judicial interpretation, effectively amending the Constitution without formal changes. The basic structure doctrine has balanced rigidity and flexibility by permitting amendments to certain parts while safeguarding others from modification. Judicial interpretation has also influenced our understanding of various constitutional provisions, such as reservations in jobs and educational institutions, the concept of creamy layer, and rights concerning education, life, liberty, and minority educational institutions. These instances illustrate how judicial rulings contribute to the ongoing evolution of the Constitution.

Constitution As A Living Document

The Indian Constitution is often referred to as a living document because, like a living being, it adapts and responds to changing circumstances over time. Despite evolving societal norms and experiences, the Constitution continues to function effectively due to its dynamic nature, openness to interpretation, and ability to address contemporary challenges. This characteristic is essential in a democratic framework where practices and ideas evolve, and the Constitution must accommodate these changes while safeguarding democratic principles.

Over the past six decades, the Constitution has faced critical situations in politics and constitutional development. One recurring issue has been the question of parliamentary supremacy. While Parliament represents the people in a parliamentary democracy, it must operate within the framework provided by the Constitution, ensuring a balance with other organs of government and upholding the rule of law. The Judiciary has played a crucial role in resolving tensions between Parliament and itself by emphasizing adherence to constitutional principles, particularly through landmark rulings like Kesavananda Bharati.

The Kesavananda ruling introduced the concept of the basic structure of the Constitution, emphasizing the importance of the Constitution’s spirit over its literal text. This theory, devised by the Judiciary, highlights elements of the Constitution that are fundamental and cannot be amended. Despite resistance and attempts to challenge this ruling, subsequent governments and political leaders have acknowledged and respected the idea of the inviolable basic structure, demonstrating maturity in governance.

The vision articulated by leaders like Nehru during India’s independence—centered on individual dignity and freedom, social and economic equality, well-being for all, and national unity—continues to guide the Constitution. Despite changing times, this shared vision remains integral to India’s public imagination, ensuring that the Constitution retains its authority and relevance even after decades of existence.

Constitution as a Living Document- FAQs

Why are amendments necessary for the Constitution?

Amendments are necessary to keep the Constitution relevant and responsive to changing times, societal values, and emerging challenges. They help address gaps or inadequacies that become apparent over time and introduce new provisions or rights as needed.

Can any part of the Constitution be amended?

While the Constitution can be amended, the Kesavananda Bharati case established that there are certain basic features, such as secularism, democracy, and the federal structure, which cannot be altered or destroyed through amendments.

What is the process for amending the Constitution?

The process involves a proposal being passed by a special majority in both Houses of Parliament and, in certain cases, ratification by at least half of the state legislatures. The President’s assent is also required for the amendment to become part of the Constitution.

Can fundamental rights be amended?

Amendments to fundamental rights require an extra layer of protection, as they need to be ratified by at least half of the state legislatures in addition to being passed by a special majority in both Houses of Parliament.

What is the rationale behind the ratification process by states?

The ratification process by states ensures that the federal principles of the Constitution are upheld, and the interests of the states are protected, especially when amendments affect the federal structure or the rights and powers of the states.

Why is the amendment process deliberative and involves multiple steps?

The multi-step process and safeguards ensure that amendments to the Constitution are not made hastily or without careful deliberation. It strikes a balance between the need for stability and the ability to adapt to changing circumstances.