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NCERT Class 11 Political Science Chapter 9 Constitution as A Living Document
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Constitution as A Living Document
Chapter: 9
| (PART-A) INDIAN CONSTITUTION AT WORK |
| TEXT BOOK QUESTIONS ANSWER |
1. Choose the correct statement from the following:
A constitution needs to be amended from time to time because:
(i) Circumstances change and require suitable changes in the constitution.
(ii) A document written at one point of time becomes outdated after some time.
(iii) Every generation should have a constitution of its own liking.
(iv) It must reflect the philosophy of the existing government.
Ans: A constitution needs to be amended from time to time because circumstances change and require suitable changes in the constitution.
2. Write True/False against the following statements:
(a) The President cannot send back an amendment bill for reconsideration of the Parliament.
Ans: True.
(b) Elected representatives alone have the power to amend the Constitution.
Ans: True.
(c) The judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.
Ans: True.
(d) Parliament can amend any section of the Constitution.
Ans: False.
3. Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?
(a) Voters.
Ans: Voters are not involved in the amendment of the Indian Constitution.
(b) President of India.
Ans: President of India is involved in the amendment of the Indian Constitution. When a Constitutional Amendment Bill is passed by the Parliament it is sent to the President. The Constitutional amendment bill becomes an act when it is signed by the President.
(c) State Legislatures.
Ans: State Legislatures: For some articles of the Constitution related to the distribution of powers between the Centre and States, or articles related to representation, it is necessary that the states are also consulted. Hence in some articles for amendment, half of the states have to ratify that Amendment Bill before it becomes an act.
(d) Parliament.
Ans: Parliament: Without the involvement of Parliament no amendment is possible in the Indian Constitution. There are certain articles of the Constitution which can be amended by a simple majority of the Parliament. There are certain articles which can be amended by the Parliament by a two- third majority of the members present and voting.
(e) Governors.
Ans: Governors: The Governors have no role in the amendment of Indian Constitution except those amendment bills which have to be passed or ratified by half of the states also. In that case Governors also put their signatures on the bill passed by the respective State Legislature.
(f) Judiciary.
Ans: Judiciary: The judiciary (Supreme Court) specifies the basic tenets of the constitution.
4. You have read in this chapter that the 42nd amendment was one of the most controversial amendments so far. Which of the following were the reasons for this controversy?
(a) It was made during a national emergency and the declaration of that emergency was itself controversial.
(b) It was made without the support of a special majority.
(c) It was made without ratification by state legislatures.
(d) It contained provisions, which were controversial.
Ans: The 42nd amendment was one of the most controversial amendments. The reasons of this controversy were:
(a) It was made during an emergency and the declaration of that emergency was itself controversial.
(d) It contained provisions which were controversial.
It was an attempt to override the ruling of the Supreme Court given in the Kesavananda case. Even the duration of the Lok Sabha was extended from five to six years. The 42nd amendment also put restrictions on the power of judicial review of the courts. This amendment made changes to the Preamble, to the Seventh Schedule and to 53 articles of the Constitution. Many MPs belonging to the opposition parties were in jail.
5. Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments?
(a) Different interpretations of the constitution are possible.
(b) In a democracy, debates and differences are natural.
(e) Constitution has given higher importance to certain rules and principles and also allowed for amendment by special majority.
(d) Legislature cannot be entrusted to protect the rights of the citizens.
(e) Judiciary can only decide the constitutionality of a particular law; cannot resolve political debate about its need.
Ans: (d) There has been no conflict on the issue of rights. It is resolved by the constitution itself through the right to constitutional remedies.
6. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.
(a) Constitution specifies the basic tenets.
Ans: It is an incorrect statement. There is no mention as such of basic tenets in the constitution. The basic structure theory is an invention of the Supreme Court.
(b) Legislature can amend all parts of the Constitution except the basic structure.
Ans: It is a correct statement.
(c) Judiciary has defined which aspects of the constitution can be termed as the basic structure and which cannot.
Ans: It is a correct statement. The basic structure theory is the invention of the judiciary.
(d) This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.
Ans: It is also a correct statement.
(e) This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.
Ans: It is a correct statement. The basic structure theory has increased the powers of the judiciary. In due course of time, a general respect for the inviolable nature of the basic structure of our constitution has developed across the legislature, executive, intelligentsia and the common people.
7. From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?
(a) Judiciary did not interfere in the amendments made during this period.
(b) One political party had a strong majority during this period.
(c) There was a strong pressure from the public in favour of certain amendments.
(d) There were no real differences among the parties during this time.
(e) The amendments were of a non- controversial nature and parties had an agreement on the subject of amendments.
Ans: (c), (d) and (e).
8. Explain the reason for requiring a special majority for amending the Constitution.
Ans: Due to the following reasons special majority is required for amending the Constitution:
(i) Protects the fundamental nature of the Constitution: The Indian Constitution guarantees and protects fundamental rights. The Parliament has the power and authority to restrict fundamental rights on reasonable grounds. However, such restrictions must be reasonable and not arbitrary.
(ii) Safeguards against majority tyranny: In both cases, in the context of a nation, constitutional limits on the powers of a legislative body, laws requiring supermajorities and the introduction of a Bill of Rights have been used to counter the problem.
(iii) Encourages consensus-building: Consensus means coming to an agreement. Creating consensus in a team setting means finding a proposal acceptable enough that all team members can support it, with no member opposing it.
(iv) Ensures stability and continuity: Hegemonic stability theory, which argues that international economic openness and stability is most likely when there is a single dominant state, is the most prominent approach among American political scientists for explaining patterns of economic relations among the advanced capitalist countries since 1945.
(v) Reflects the Constitution’s supremacy status: This is to say that constitutional supremacy indicates that the constitution trumps any other norm in the legal system in case of open conflict, and/or it conditions the interpretation of other norms that show some sort of inconsistency with constitutional imperatives.
9. Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.
Ans: The Constitution of India is a living document, and its interpretation has often led to significant debates between the Judiciary and the Parliament. The Supreme Court, as the ultimate authority on constitutional interpretation, has played a crucial role in shaping the Constitution through its judgments, sometimes prompting amendments by the Parliament.
Another important case was the Bank Nationalisation Case, where the Supreme Court found that the Banking Companies Act of 1969 violated the principle of equality before the law. The Court also held that certain provisions of the Constitution, specifically Article 19 (which deals with the right to acquire, hold, and dispose of property) and Article 31 (related to the compulsory acquisition of property), were unconstitutional.
These judicial interpretations led to a series of amendments. The 24th, 25th, and 29th Constitutional Amendments were introduced by Parliament, but they were challenged in the Supreme Court by Swami Keshavananda Bharti and others. In a landmark judgement delivered on April 24, 1973, the Supreme Court reversed its earlier decision in the Golak Nath Case. In other instances, the Supreme Court has also ruled on issues of reservations in jobs and educational institutions, consistently holding that these reservations cannot exceed 50% of the total seats. Additionally, in the Minerva Mills Case in 1980, the Supreme Court struck down a section of the 42nd Amendment, which had given Parliament virtually unlimited power to amend the Constitution. The Court reaffirmed that even Parliament’s power to amend the Constitution has boundaries.
These examples show how the dynamic relationship between the Judiciary and Parliament has led to important amendments that have shaped India’s constitutional framework over time.
10. If amending power is with the elected representatives, judiciary should not have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.
Ans: There has been a controversy over the amending power of the Parliament. It was advocated that the amending power is with the elected representatives and judiciary should not have the powers to decide the validity of amendments. But it is not true. In fact, amendments during the period 1970 to 1980 generated a lot of legal and political controversy. The parties that were in opposition during the period 1971-1976 saw many of these amendments as attempts by the ruling party to subvert the Constitution. In the 42nd amendment most parts of the Constitution were amended. If the judiciary would remain silent then the elected representatives can destroy the basic structure also.
In a parliamentary democracy like India, while Parliament represents the people and holds significant power, the Constitution has also empowered the judiciary to protect the rights of citizens and ensure that no branch of government oversteps its bounds. This balance is essential to maintaining the integrity of the Constitution.
