Q. 1. Is Indian Constitution a living Document?
Ans. Yes, Indian Constitution is a living Document.
Q. 2. Which Article of the Constitution deals with amendment?
Ans. Article 368.
Q. 3. Who are involved in the Constitutional amendment?
Ans. 1. Parliament.
2. State Legislature
Q. 4. Which amendment was passed during the emergency?
Ans. 42nd Amendment.
Q. 5. Which amendment added Fundamental duties?
Ans. 42nd Amendment Act.
Q. 6. In which year was the 73rd Amendment passed?
Q. 7. From which country did we borrow the process of amendment?
Ans. South Africa.
Q. 8. Write one factor which is responsible for the growth of Indian Constitution.
Ans. Amendments are responsible for the growth of Indian Constitution.
Q. 8. What is a Constitution?
Ans. The Constitution is a collection of those rules and regulations according to which the administration of the state is run. Constitution is the fundamental law which reflects the will of the people. It is in accordance with the Constitution that the state makes laws, executes them and punishes their breachers.
Q. 9. ‘Indian Constitution is People’s own Constitution.’ Comment.
Ans. The Indian Constitution has been framed by the Constituent Assembly by the people of India. The Constitution has not been imposed upon us. It originates from the people of India and is promulgated in the name of the people.
Q. 10. Why is Indian Constitution called as a ‘Bag of Borrowings’?
Ans. Indian Constitution is generally described as a ‘Bag of Borrowings’, because the Indian Constitution has drawn extensively from the major Constitutions of the world. The framers of the Indian Constitution have drawn many good things from the best Constitutions of the world.
Q. 11. Why Indian Constitution is called a blend of rigidity and flexibility?
Ans. The Constitution of India is called a blend of rigidity and flexibility, because it is neither flexible like the British Constitution nor rigid like the American.
Some of the Articles of the Constitution can be amended by a simple majority of the Parliament and some of the Articles can be amended by at least 2/3rd majority of the members of Parliament with ratification by the legislatures of at least one half of the states.
Q. 12. Discuss in brief the procedure of Amendment of the Indian Constitution.
Ans. The procedure of Amendment is mentioned in Article 368.
1. There are certain articles of the Constitution which can be amended by a simple majority.
2. There are some articles which can be amended by the Parliament by the clear majority of both the Houses and the 2/3rd majority of members present and voting.
3. The most important Articles can be amended by the 2/3rd majority of both the Houses of Parliament and approval by half of the state legislatures.
Q. 13. How is the Constitution of India is amended?
Describe the methods through which Indian Constitution can be amended.
Ans. The process of amending the Constitution of India is given in the Art. 368. The method of amending the Constitution of India is neither very difficult nor easy. The framers of the Indian Constitution adopted the middle path and made the Indian Constitution neither too rigid nor too flexible. There are three types of procedures of amending the Indian Constitution:
1. Amendment by the Parliament by a simple majority.
2. Amendment by the Parliament by a 2/3rd majority.
3. Amendment by the special majority of Parliament and ratification by more than 50% states of India.
Q. 14. Explain any four amendments in Indian Constitution.
Ans. 1. The First Amendment empowers the State to impose reasonable restrictions on freedom of speech and expression, etc. The scope of freedom of speech and expressions has been narrowed down.
2. By the Thirteenth Amendment the State of Nagaland was brought into existence.
3. The Twenty-first Amendment added Sindhi in the Eighth Schedule of the Constitution dealing with languages in India.
4. The Twenty-fourth Amendment empowers to amend any part including the Part-III of the Constitution. The amendment was necessitated to remove the obstacles placed by the decision of Golak Nath’s Case.
Q. 15. Mention main characteristics of the method of amendment of the Constitution of India.
Ans. 1. Every part of the Constitution can be amended. Each part of the Constitution can be amended but the basic structure of the Constitution cannot be changed.
2. Amendment Bill can be introduced in either House of the Parliament.
3. Article 368 can be amended. Article 368 of the Constitution which deals with the procedure of the Constitution can be amended.
4. States have no initiative for Constitutional Amendment. The power of initiating amendment lies with the Parliament. The states have not been given any such power of initiating amendments.
5. No time limit fixed for ratification by states.
The states may take as much time as they like. There is no Constitutional limitations on their power of delay.
Q. 16. Mention any three criticisms against the procedure of amendment in the Constitution.
Ans. The method of amending the Constitution suffers from certain defects also. Methods of amendment are criticised on the following grounds:
1. States have no Initiative for Constitutional Amendment. The power of initiating an amendment lies only with the Parliament. The States have not been given any such power of initiating amendments.
Besides, the approval of the States is not essential for all the amendments.
2. No Time Limit Fixed for Ratification by States. The procedure suffers from another defect that no time limit is fixed in the Constitution for the approval of the states. They may take as much time as they like. There is no constitutional limitation on their power of delay.
3. Assent of the President over Constitutional Amendments. Nothing about the veto power of the President is given in the procedure of amendment. It is also not mentioned in the Constitution that an amendment which is approved by the State requires the assent of the President or not.
Q. 17. What are the main provisions of 52nd Amendment Act?
Ans. 1. A member of Parliament or State Legislature belonging to any political party shall be disqualified for being a member of that House if he has voluntarily given up his membership of such political party.
2. The Act provides that a member of Parliament or State Legislature shall be disqualified if he joins some other political party.
3. The Act provides that if an independent member of the House joins a political party after the expiry of six months from the date on which he takes seat in the House, he shall be disqualified to remain a member of the House.