Chapter 9: Constitution as a Living Document

Political Science Part 2 • Class 11

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Chapter Analysis

Intermediate23 pages • English

Quick Summary

The chapter 'Constitution as a Living Document' in Class 11 NCERT Political Science examines how the Indian Constitution has evolved over 69 years, emphasizing its adaptability to contemporary challenges while retaining its fundamental principles. It discusses the balance between flexibility and rigidity in amendments, the judiciary's role in protecting the Constitution, and the significance of political consensus and judicial interpretation in constitutional amendments. This chapter illustrates how the Constitution continues to be relevant and respected in India's democratic framework.

Key Topics

  • Flexibility and rigidity of the Constitution
  • Role of amendments in constitutional evolution
  • Judicial interpretation and the basic structure theory
  • Constitutional amendments and political consensus
  • Role of judiciary in protecting the Constitution

Learning Objectives

  • Understand how the Indian Constitution has evolved over time
  • Examine the balance between flexibility and rigidity in constitutional amendments
  • Analyze the role of the judiciary in interpreting the Constitution
  • Identify the significance of political consensus in constitutional amendments
  • Evaluate the impact of landmark cases on the constitutional framework

Questions in Chapter

Choose the correct statement from the following. A constitution needs to be amended from time to time because, ...

Answer: Circumstances change and require suitable changes in the constitution.

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Write True / False against the following statements. a. The President cannot send back an amendment bill for reconsideration of Parliament.

Answer: True

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Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?

Page 218

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?

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Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments?

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Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

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From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?

Page 219

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

Page 219

Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and Parliament. Explain with examples.

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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.

Page 219

Additional Practice Questions

Discuss the significance of the Kesavananda Bharati case in the context of the Indian Constitution.

medium

Answer: This case established the basic structure doctrine of the Indian Constitution, which asserts that certain fundamental features of the Constitution cannot be altered or destroyed through amendments by the Parliament. It ensures that the essence of the Constitution remains inviolable.

List and explain three examples of constitutional amendments in India that reflect political consensus.

hard

Answer: Examples include the 73rd amendment related to Panchayati Raj, 74th amendment for the establishment of municipalities, and the inclusion of Right to Education as a fundamental right. These amendments reflect the consensus among political parties to strengthen grassroots democracy and educational rights.

Why is judicial review considered an integral part of constitutional amendments?

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Answer: Judicial review ensures that any amendment to the Constitution does not violate the basic structure, thereby maintaining the balance of power between different branches of government and protecting citizens' rights.

How does the amendment process in India ensure a balance between flexibility and rigidity?

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Answer: The Indian Constitution allows amendments through different methods: by a simple majority, a special majority, and through the ratification by half of the state legislatures, thus ensuring changes can be made easily or with difficulty as required.

Analyze the role of the Indian judiciary in interpreting the Constitution as a living document.

hard

Answer: The judiciary, through various landmark judgments, has played a key role in adapting the Constitution to address contemporary issues. This has involved interpreting the Constitution's text to align with evolving societal norms and values, demonstrating its dynamic nature.