Class 11 Political Science Notes Chapter 9 (Constitution as a living document) – India Constitution Work Book

Detailed Notes with MCQs of Chapter 9, 'Constitution as a Living Document'. This is a crucial chapter, not just for your exams but for understanding how our nation functions and evolves. Many government exams test your understanding of the Constitution's dynamism, so pay close attention.

The core idea here is that the Indian Constitution is not a frozen, static rulebook from 1950. It's designed to be adaptable and responsive to the changing needs, aspirations, and circumstances of Indian society. Think of it like a living organism that grows and adapts, rather than a rigid structure.

Key Concepts and Detailed Notes for Exam Preparation:

1. Why is the Constitution Called a 'Living Document'?

• Adaptability: It has provisions for its own amendment, allowing it to incorporate changes over time. This prevents it from becoming outdated or irrelevant.
• Flexibility and Rigidity Balance: It strikes a balance. It's not so easy to amend that it loses its core character or becomes a tool for temporary political majorities (rigidity in core areas). But it's also not so difficult to amend that it cannot respond to genuine societal needs (flexibility).
• Open to Interpretation: The language used is often broad, allowing the judiciary (especially the Supreme Court) to interpret its provisions in light of contemporary situations and values. This judicial interpretation breathes life into the text.
• Reflection of Society: A living constitution reflects the ongoing political, social, and economic realities and aspirations of the people it governs.

2. Mechanisms for Constitutional Adaptation:

• A. Formal Amendment (Article 368): This is the primary way the text itself is changed. Article 368 outlines the procedures. It's important to know the different types:

  • i. Amendment by Simple Majority:
    • Requires a simple majority (more than 50%) of members present and voting in both Houses of Parliament.
    • Applies to matters like: Admission or establishment of new states, formation of new states, alteration of areas, boundaries or names of existing states (Article 3), abolition or creation of legislative councils in states (Article 169), citizenship acquisition/termination, quorum in Parliament, salaries and allowances of MPs, rules of procedure in Parliament, privileges of Parliament, use of English language in Parliament, number of puisne judges in the Supreme Court, conferment of more jurisdiction on the Supreme Court, use of official language, elections to Parliament and state legislatures, delimitation of constituencies, Union Territories.
    • Note: Technically, amendments under Articles like 3 and 169 are not deemed amendments under Article 368, but they do change provisions of the Constitution.
  • ii. Amendment by Special Majority:
    • Requires a majority of the total membership of each House (absolute majority) AND a majority of not less than two-thirds of the members present and voting in each House.
    • This is the most common method used for significant amendments.
    • Applies to: Fundamental Rights (Part III), Directive Principles of State Policy (Part IV), and all other provisions not covered by the first and third categories.
  • iii. Amendment by Special Majority + Ratification by States:
    • Requires a Special Majority in both Houses of Parliament (as defined above) PLUS consent (ratification) from the legislatures of at least half of the total states. This consent must be through a resolution passed by the state legislature.
    • Applies to provisions related to the federal structure of the polity.
    • Key areas requiring this procedure: Election of the President (Article 54, 55), Extent of the executive power of the Union and the states (Article 73, 162), Supreme Court and High Courts (Part V Chapter 4, Part VI Chapter 5), Distribution of legislative powers between the Union and the states (Part XI, Chapter 1), Any of the Lists in the Seventh Schedule, Representation of states in Parliament (Fourth Schedule), The power of Parliament to amend the Constitution and its procedure itself (Article 368).

• B. Judicial Interpretation:

  • The Judiciary, particularly the Supreme Court, acts as the final interpreter of the Constitution.
  • Through landmark judgments, the court has expanded the meaning and scope of various provisions, especially Fundamental Rights (e.g., Article 21 - Right to Life expanded to include right to livelihood, clean environment, privacy, etc.).
  • This interpretation adapts the Constitution to new challenges and social contexts without formally amending the text.

• C. Conventions and Practices:

  • Over time, certain practices and conventions develop which supplement the constitutional framework. For example, the convention of appointing the senior-most judge as the Chief Justice of India (though sometimes breached), or the functioning of parliamentary committees. These are not textually part of the Constitution but influence its working.

3. The Basic Structure Doctrine:

• Origin: Propounded by the Supreme Court in the landmark Kesavananda Bharati vs. State of Kerala case (1973).
• Core Principle: While Parliament has the power to amend any part of the Constitution (under Article 368), this power is not unlimited. Parliament cannot amend the Constitution in a way that destroys or abrogates its 'basic structure' or 'essential features'.
• Significance: It acts as a fundamental check on the amending power of Parliament, preserving the core identity and philosophy of the Constitution. It ensures that amendments don't undermine the fundamental principles upon which the Indian state is built.
• What constitutes 'Basic Structure'? The Court has not given an exhaustive list, but various judgments have identified elements like:
  • Supremacy of the Constitution
  • Sovereign, Democratic, Republican nature of the Indian polity
  • Secular character of the Constitution
  • Separation of powers between the legislature, executive, and judiciary
  • Federal character of the Constitution
  • Unity and integrity of the nation
  • Welfare state (socio-economic justice)
  • Judicial Review
  • Freedom and dignity of the individual
  • Parliamentary System
  • Rule of Law
  • Harmony and balance between Fundamental Rights and Directive Principles
  • Principle of equality
  • Free and fair elections
  • Independence of Judiciary
  • Limited power of Parliament to amend the Constitution

4. Why the Balance between Flexibility and Rigidity?

• The makers of the Constitution were aware that future generations would face new challenges. Hence, they provided for amendments (flexibility).
• However, they also wanted to protect the core values and foundational principles from being easily changed by transient political majorities. Hence, the special majority requirements and the protection for federal features (rigidity).
• This balance ensures that the Constitution remains relevant while also providing stability and continuity.

5. Constitution as an Instrument of Social Change:

• The Indian Constitution is not just a political document but also a social one. It aims to bring about social transformation (e.g., through Fundamental Rights against discrimination, Directive Principles aiming for socio-economic justice).
• Amendments and judicial interpretations often reflect and advance these goals of social change.

Conclusion:

The Indian Constitution's ability to adapt through amendments, judicial interpretations, and evolving conventions makes it a 'living document'. The Basic Structure doctrine ensures that this adaptation happens within the core framework and philosophy envisioned by its makers. This dynamic nature is key to its resilience and continued relevance in governing India.

Multiple Choice Questions (MCQs):

1. The concept of the Indian Constitution being a 'living document' primarily implies its:
   (a) Length and detailed provisions
   (b) Ability to adapt to changing circumstances
   (c) Origin from a Constituent Assembly
   (d) Provision of a parliamentary form of government

2. Which Article of the Indian Constitution deals with the power of Parliament to amend the Constitution and its procedure?
   (a) Article 32
   (b) Article 226
   (c) Article 368
   (d) Article 370

3. Amending the provisions related to Fundamental Rights requires which type of majority?
   (a) Simple majority of Parliament
   (b) Special majority of Parliament
   (c) Special majority of Parliament plus ratification by half of the state legislatures
   (d) Absolute majority in Lok Sabha only

4. Which of the following constitutional amendments would require ratification by at least half of the state legislatures?
   (a) Changing the name of a state
   (b) Altering provisions related to Directive Principles of State Policy
   (c) Matters relating to the election of the President
   (d) Rules of procedure in Parliament

5. The landmark doctrine of the 'Basic Structure' of the Constitution was laid down by the Supreme Court in which case?
   (a) Golaknath vs. State of Punjab
   (b) Minerva Mills vs. Union of India
   (c) Kesavananda Bharati vs. State of Kerala
   (d) Shankari Prasad vs. Union of India

6. Which of the following is generally considered part of the 'Basic Structure' of the Indian Constitution?
   (a) The exact number of judges in the Supreme Court
   (b) The procedure for creating new states
   (c) Secularism and Federalism
   (d) The specific details of citizenship acquisition

7. Besides formal amendments, the Constitution evolves significantly through:
   (a) Presidential ordinances only
   (b) Acts passed by state legislatures only
   (c) Judicial interpretations by the Supreme Court
   (d) Recommendations of the Finance Commission

8. The balance between rigidity and flexibility in the Indian Constitution's amendment procedure aims to:
   (a) Make amendments extremely difficult to protect the original text
   (b) Allow easy changes based on popular demand
   (c) Ensure adaptability while preserving core principles
   (d) Give state legislatures the primary power to amend

9. Changes related to the creation or abolition of Legislative Councils in states can be made by Parliament through:
   (a) Simple Majority
   (b) Special Majority
   (c) Special Majority + Ratification by States
   (d) Presidential Order

10. The 'living' nature of the Constitution ensures its:
    (a) Permanence without any change
    (b) Frequent replacement
    (c) Continued relevance and functionality over time
    (d) Superiority over international law

Answer Key for MCQs:

1. (b)
2. (c)
3. (b)
4. (c)
5. (c)
6. (c)
7. (c)
8. (c)
9. (a)
10. (c)

Study these notes carefully. Understanding how the Constitution adapts is key to appreciating its enduring strength. Let me know if any part needs further clarification.