Constitution as a Living Document

NCERT Solutions • Class 11 Political Science • Chapter 9

Objective Type Questions

1. Choose the correct statement: A constitution needs to be amended from time to time because:

(√) Circumstances change and require suitable changes in the constitution.
Reason: A constitution is a living document that must adapt to the changing needs, aspirations, and social conditions of the country to remain relevant.

2. Write True / False against the following statements.

(a) The President cannot send back an amendment bill for reconsideration of Parliament. — True (24th Amendment Act made it obligatory).
(b) Elected representatives alone have the power to amend the Constitution. — True (In India, only Parliament/State Legislatures can amend; there is no referendum).
(c) The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently. — True.
(d) Parliament can amend any section of the Constitution. — False (Restricted by the ‘Basic Structure’ doctrine).

3. Who are involved in the amendment of the Indian Constitution? In what way?

(d) Parliament: Directly Involved. It initiates the amendment bill and passes it (Special Majority).
(b) President of India: Directly Involved. Gives final assent to the bill.
(c) State Legislatures: Directly Involved. Ratify amendments related to the federal structure (half of states must agree).
(f) Judiciary: Indirectly Involved. Reviews the validity of amendments (Judicial Review) against the Basic Structure.
(a) Voters: Not Involved in the formal process (no referendum).
(e) Governors: Not Involved.

4. Which of the following were the reasons for the 42nd Amendment controversy?

The controversy arose primarily because:

(a) It was made during national emergency, and the declaration of that emergency was itself controversial.
(d) It contained provisions, which were controversial. (It attempted to rewrite large parts of the Constitution and override the Judiciary).

5. Which of the following is NOT a reasonable explanation of the conflict between legislature and judiciary?

(d) Legislature cannot be entrusted to protect the rights of the citizens.
Reason: This is not a reasonable explanation. In a democracy, the legislature represents the people and is equally responsible for protecting rights. The conflict arises from interpretation of scope (a), priority of principles (c), or political vs legal domains (e), not from a lack of trust in the legislature’s intent.

Theoretical Analysis

6. Identify correct statements about the Basic Structure theory. Correct the incorrect ones.

(a) Incorrect. Correction: The Constitution does not specify the basic tenets; this was an invention of the Judiciary.
(b) Correct. Legislature can amend all parts except the basic structure.
(c) Correct. Judiciary decides what constitutes basic structure case-by-case.
(d) Correct. First expression in Kesavananda Bharati case (1973).
(e) Correct. Accepted by political parties over time.

7. Many amendments were made during 2000-2003. What conclusion do you draw?

(e) The amendments were of a non-controversial nature and parties had an agreement on the subject of amendments.
Reason: This period saw coalition governments (NDA). Despite lacking a single-party majority (b), amendments passed because they were administrative or consensus-based (like the 86th Amendment for Right to Education), not because of public pressure (c) or lack of differences (d).

Critical Thinking & Essay

8. Explain the reason for requiring special majority for amending the Constitution.

A Special Majority (2/3rds present and voting + absolute majority of total membership) is required to:

Prevent Hasty Changes: To ensure that the “supreme law of the land” is not changed casually by a temporary majority in Parliament.
Ensure Broad Consensus: It forces the ruling party to take the opposition into confidence, ensuring that amendments reflect a broad national agreement.
Federal Protection: For federal features, ratification by states is also needed to protect state rights.

9. Many amendments have been made due to different interpretations by Judiciary and Parliament. Explain with examples.

Conflicts in interpretation often led to amendments to “clarify” or “override” judicial rulings:

Property Rights: When the SC struck down land reforms saying they violated the Right to Property, Parliament passed the 1st and 4th Amendments to protect these laws. Finally, the 44th Amendment removed the Right to Property from the Fundamental Rights list.
Reservations in Promotion: When the SC ruled in the Mandal Case that reservations do not apply to promotions, Parliament passed the 77th Amendment to enable reservations in promotions for SCs/STs.

10. “If amending power is with elected representatives, judiciary should NOT have the power to decide the validity of amendments.” Do you agree?

I do not agree.
While elected representatives reflect the will of the people, majoritarianism cannot be allowed to destroy the core identity of the nation.
The Constitution is a contract that limits the government. If Parliament is given unlimited power to amend, a strong majority could potentially rewrite the Constitution to make India a dictatorship, a theocracy, or a unitary state.
The Judiciary acts as the guardian of the Constitution. Through the Basic Structure Doctrine, it ensures that while Parliament can amend details, it cannot destroy the foundation (Secularism, Democracy, Rule of Law) upon which the Constitution stands.