Class 11 Political Science Short Questions with Answers - Constitution as a Living Document

Q1. What do you know by the amendment of the Constitution?
Ans: The amendment of the constitution refers to the process of changing or updating its provisions to meet new situations. Key points include:

• The constitution is designed to be flexible, allowing for necessary changes.
• It reflects the dynamism of society, adapting to evolving circumstances.
• Amendments can be technical, administrative, or substantial, depending on the need.
• Examples include increasing the retirement age of judges and adjusting reserved seats for scheduled castes.

Overall, amendments ensure the constitution remains relevant and representative of current societal values.

Q2. Differentiate between a flexible and rigid Constitution. What is the nature of the Indian constitution?
Ans: The flexible Constitution is one that can be amended easily i.e; by a simple method and the rigid constitution is one which is difficult to be amended ie; for which amendment a long and difficult procedure is adopted. Indian constitution is both flexible as well as rigid because some of the articles of the Constitution can be amended by a simple majority while other parts of the Constitution need a special majority and ratification by the 50% State Assembly.

Q3. What precaution is taken by the constitution-makers while giving the provisions of amendment in Art 368?
Ans: The constitution-makers aimed to achieve a balance in Article 368 regarding amendments. They recognised the need for change while also wanting to prevent unnecessary alterations. Key points include:

• The Constitution should be flexible enough to allow necessary amendments.
• It must also be rigid to protect against frequent changes.
• Some provisions are central to the Constitution's spirit and require consent from states for modification.
• The amendment process involves a special majority in Parliament and the agreement of half the states.

This careful design ensures that the Constitution can adapt to future needs while safeguarding its core principles.

Q4. Describe Article 368?
Ans: Article 368 of the Constitution outlines the process for amending the Constitution. It allows Parliament to make changes through:

• Special majority of both Houses of Parliament.
• A more complex method requiring a special majority and the consent of half of the State legislatures.

All amendments must be initiated in Parliament, and no external body is needed for the process.

Q5. What is special majority needed for amendment?
Ans: The amendment of certain articles in the Constitution requires a special majority from Parliament. This means:

• A majority of the total members of the House must support the amendment.
• Additionally, at least two-thirds of those who are present and voting must agree.

Both Houses of Parliament must pass the amendment separately, ensuring that this special majority is met for every amendment bill.

Q6. Who is involved in the constitutional amendment?
Ans: The process of amending a constitution involves several key participants:

• Parliament: Responsible for proposing and voting on amendments.
• President: Must give assent to the amendment bill; cannot send it back.
• State Legislatures: Required to approve certain amendments, ensuring state participation.
• Judiciary: Can interpret amendments, influencing their application.
• Governors: May play a role in state-level discussions regarding amendments.
• Voters: While they do not directly propose amendments, their representatives act on their behalf.

Amendments are essential as they allow the constitution to evolve with changing circumstances and reflect the values of contemporary society.

Q7. When is the ratification of a constitutional amendment required?
Ans: Ratification of a constitutional amendment is required under specific conditions:

• For certain articles, a special majority alone is not enough.
• Amendments affecting the distribution of powers between the states and the central government require state consent.
• The legislatures of at least half the states must pass the amendment bill for it to take effect.
• This process ensures that states have a say in amendments, reflecting the federal nature of the Constitution.

Overall, this requirement promotes broader consensus and participation in the amendment process.

Q8. Name the amendment which has been passed through political consensus.
Ans: There is a significant number of amendments that have been passed due to political consensus among various parties. Key examples include:

• The 52nd amendment, which addressed anti-defection.
• The 61st amendment, lowering the voting age from 21 to 18.
• The 73rd and 74th amendments, which enhanced local governance.
• Subsequent amendments post-1992-93 that clarified job reservations.

This consensus often led to the smooth passage of amendments, even during politically turbulent times.

Q9. What is the role of the President of India in the matter of constitutional amendment?
Ans: The President of India plays a limited role in constitutional amendments:

• The President must follow the advice of the Council of Ministers, as stated in Article 74(1) of the Constitution.
• Once a constitutional bill is passed by both Houses of Parliament, it is sent to the President for assent.
• The President has no option but to give assent; the bill becomes law after this.

This process underscores the principle that elected representatives are responsible for constitutional changes.

Q10. What is the 52nd amendment?
Ans: The 52nd amendment of the Indian Constitution was enacted in 1985 during Rajiv Gandhi's government. Its primary aim was to address the issue of defection in politics. Key features of this amendment include:

• It introduced measures to prevent elected representatives from switching parties.
• It aimed to enhance political stability by discouraging opportunistic defections.
• Rajiv Gandhi's commitment to curbing defection was a driving force behind this change.

Q11.  When is ratification by States required for a constitutional amendment in India?
Ans : Ratification by States is required when an amendment affects the distribution of powers between the States and the central government, or articles related to representation. For such amendments, the legislatures of at least half the States must pass the amendment bill. A simple majority in each State legislature is sufficient for ratification. This ensures participation from the States while maintaining flexibility in the amendment process.

Q12. Why the 42nd amendment remained controversial?
Ans: The 42nd constitutional amendment is regarded as one of the most controversial amendments in India for several reasons:

• Emergency Context: It was enacted during a national emergency, which itself was a contentious issue.
• Lack of Support: The amendment was passed without the backing of a special majority.
• No State Ratification: It did not receive ratification from State legislatures.
• Judicial Override: It attempted to override the Supreme Court's ruling in the Kesavananda case.
• Extended Lok Sabha Term: The duration of the Lok Sabha was increased from five to six years.
• Fundamental Duties: This amendment introduced Fundamental Duties into the Constitution.
• Judicial Restrictions: It imposed restrictions on the review powers of the judiciary.
• Widespread Changes: It amended the Preamble, the seventh schedule, and 53 articles of the Constitution.

Due to these factors, the 42nd amendment sparked significant political and legal debate, leading to its eventual reconsideration and partial repeal through the 43rd and 44th amendments.

Q13. What was the decision in the Keshava Nand Bharti case 1973?
Ans: In the Keshava Nand Bharti case of 1973, the Supreme Court made a significant ruling regarding the Constitution:

• Parliament can amend any part of the Constitution, including Fundamental Rights.
• However, it cannot alter the basic structure of the Constitution.

This decision has shaped the interpretation of the Constitution for decades, establishing a balance between parliamentary power and the integrity of the Constitution.

Q14. What was the aim of the 73rd and 74th constitutional amendments?
Ans: The 73rd and 74th constitutional amendments aimed to:

• Restructure local government systems in India.
• Ensure adequate representation for women and weaker sections of society.
• Make local bodies more vibrant and functional.

These amendments were introduced by the Narasimha Government in 1991 after achieving necessary political consensus.

Q15. What do you know about the constitutional review commission?
Ans: The Constitutional Review Commission was established in response to the growing need to evaluate India's governance structure. Key points include:

• In 2000, the NDA government, led by Shri Atal Bihari Vajpayee, formed the commission.
• It was chaired by former Chief Justice Venkatachaliah.
• The commission aimed to assess the shift from a Parliamentary to a Presidential system.
• Despite political controversy and a boycott by opposition parties, the commission upheld the basic structure doctrine.
• This doctrine ensures that any amendments do not compromise the fundamental principles of the Constitution.

Q16. Define constitutionalism and constitution.
Ans: Constitutionalism refers to the principle of limiting the power of rulers through established laws. It promotes:

• Rule of law: Ensuring that no one is above the law.
• Checks on authority: Preventing arbitrary decisions by leaders.
• Public discourse: Encouraging discussion and debate about governance.
• Constitutional development: Evolving norms and regulations for governance.

The constitution is a set of rules that outlines how a government operates in a democracy. It:

• Defines the roles of different government branches.
• Establishes the principles and values guiding the government and society.

This framework ensures that governance is fair and accountable.

Q17. Discuss how the Constitution is a living document.
Ans: A constitution is considered a living document because it adapts to the changing needs and circumstances of society. Key points include:

• The constitution responds to experiences and evolves over time, much like a living being.
• It reflects the dynamics of society, ensuring it remains relevant and effective.
• By protecting democracy and fundamental rights, it allows for the development of new practices.
• The constitution is not static; it can be amended to address future challenges.
• Both political practices and judicial interpretations demonstrate its flexibility and adaptability.

This adaptability ensures that the constitution remains a vital framework for governance, reflecting both contemporary issues and enduring principles.

Q18. Explain the contribution of the judiciary in the development of the Constitution.
Ans: The judiciary plays a vital role in the development of the Constitution by interpreting laws and ensuring they comply with constitutional principles. It serves as the final authority on constitutional matters. Key contributions include:

1. Interpreting laws: The judiciary examines laws passed by Parliament and state legislatures to ensure they align with the Constitution.
2. Judicial Review: It checks the constitutionality of laws and executive actions, as seen in the Golaknath case (1967) where the judiciary limited Parliament's power to amend Fundamental Rights.
3. Judicial Interpretation: Through interpretation, the judiciary has contributed to the evolution of the Constitution, like the basic structure doctrine, which allows constitutional amendments while preserving its core principles.
4. Fairness in Reservations: The judiciary has introduced concepts like the creamy layer to ensure fairness in reservations for jobs and education.

Hence , the judiciary helps maintain the rule of law, protects fundamental rights, and ensures democratic governance within the constitutional framework.

Q19. What is the basic structure theory case?
Ans: To counter the Golakhnath ruling, the Parliament enacted the 38th and 39th amendments to the Constitution in 1971. In 1973, the Keshavananda Bharati case challenged these amendments. The Supreme Court ruled that:

• Parliament can amend any part of the Constitution, including Fundamental Rights.
• However, it cannot alter the basic structure of the Constitution.

This ruling is known as the Basic Structure Theory case. It established:

• Limits on Parliament's power to amend the Constitution.
• The Judiciary as the final authority on whether an amendment violates the basic structure.

Since then, this theory has guided all interpretations of the Constitution, highlighting the balance between rigidity and flexibility in constitutional amendments.

Q20. Make a distinction between the letter and spirit of the Constitution.
Ans: In interpreting the Constitution, the judiciary distinguishes between the letter and the spirit of the law:

• The letter refers to the actual text of the Constitution.
• The spirit encompasses the intentions and social contexts that shaped the law.
• The court believes that understanding the intent behind the document is crucial.
• Mere text is less significant than the aspirations and circumstances that led to its creation.

Thus, the spirit is often deemed more important than the letter of the Constitution, as it reflects the foundational values and goals of society.

Q21. Discuss the circumstances and main provisions of the 42nd amendment.
Ans: The 42nd amendment of the Constitution is often regarded as the most controversial amendment, passed under contentious circumstances. Here are the key points:

• Enacted in 1976 during a period of internal Emergency.
• Many opposition leaders were imprisoned at the time.
• It aimed to make significant changes to the Constitution, affecting numerous articles and the Preamble.
• Introduced Fundamental Duties into the Constitution.
• Extended the Lok Sabha's term from five to six years.
• Limited the review powers of the Judiciary.

Following the 1977 elections, the new government sought to reverse many of these changes through the 43rd and 44th amendments.

Q22. How far the Constitution should be flexible and rigid.
Ans: The Constitution serves as the framework for government, ensuring it is suitable and responsive to both current and future societal needs. Key points include:

• The Constitution must adapt to future challenges while maintaining contemporary relevance.
• It is a living document, reflecting the evolving nature of society through political practice and judicial rulings.
• Flexibility allows for necessary changes, while rigidity protects essential rights and powers.
• The Indian Constitution exemplifies a balance of both characteristics, enabling amendments while safeguarding core principles.
• Some provisions are designed to be temporary and can be altered as needed.

Ultimately, the Constitution must be both adaptable and stable, ensuring it meets the needs of the present and future.

Q23. Indian Constitution is both flexible as well as rigid. Explain.
Ans: The Indian Constitution is unique as it combines both flexibility and rigidity. Here are the key points explaining this balance:

• The makers understood that the Constitution might have errors and would need amendments over time.
• They designed it to be flexible enough to allow changes when necessary, reflecting the evolving needs of society.
• Some provisions were made rigid to protect essential rights and powers, especially those of the states, which cannot be altered without their consent.
• This dual nature ensures that while the Constitution can adapt, it is also safeguarded against arbitrary changes by the ruling party.
• Amendments can be made through various processes, including a simple majority or a special majority in Parliament, depending on the significance of the change.

Thus, the Indian Constitution serves as a living document, balancing the need for stability with the necessity for change.

Q24. Explain the significance of the 44th constitutional amendment.
Ans: The 44th Constitutional Amendment was introduced in 1979 by the Janata Party government to rectify the changes made by the controversial 42nd Amendment during the Emergency of 1976. Its key provisions include:

• The tenure of Parliament and State legislatures was restored to five years.
• The status and position of the President and the judiciary were reinstated.
• Fundamental Rights were prioritised, ensuring their protection.
• The fundamental right to property was removed from the Constitution.

This amendment aimed to restore the original spirit of the Constitution and address the distortions caused by the previous amendments.

Q25. Mention the main provisions of the 52 amendments of the Constitution.
Ans: The 52nd amendment was enacted in 1985 by the Rajiv Gandhi Government to combat the issue of defection in Indian politics. The main provisions of this amendment are:

• A person elected on a party ticket will lose their membership if they join another party after the election.
• An independent member will also lose their membership if they join a political party.
• Nominated members will lose their membership if they join any political party.
• Membership is not affected in cases of party splits or mergers:
  • A split requires 1/3 of the members.
  • A merger requires a 2/3 majority of the legislative group.
• The Speaker is the final authority on deciding splits or mergers of political parties.

Q26. What is the procedure of constitutional amendment as given in Art 368?
Ans: The procedure for amending the Constitution is outlined in Article 368 of the Indian Constitution. There are two main methods for making amendments:

• Simple Majority: Some articles can be amended with a simple majority in Parliament. Examples include:
  • Changing state boundaries
  • Creating new states
  • Adjusting the pay of Parliament members
• Special Majority: Other articles require a special majority, which includes:
  • A majority of the total membership of the house
  • A two-thirds majority of those present and voting
  Additionally, for amendments affecting the distribution of powers among states, consent from at least 50% of state legislatures is also necessary.

All amendments must be initiated in Parliament, and no external body is needed for the process.

Q27. Write some important features of a constitutional amendment in India
Ans: Important features of a constitutional amendment in India:

• The process of constitutional amendment is based on the model from South Africa.
• It is outlined in Article 368 of the Constitution.
• States have a limited role; amendments cannot be initiated in state assemblies.
• There is no provision for a joint session of Parliament to resolve differences between the Lok Sabha and Rajya Sabha.
• The President cannot return a constitutional amendment bill for reconsideration once passed by Parliament.
• There are three distinct methods for amending different categories of the Constitution.

Q28. Describe the amendments through political Consensus.
Ans: A significant number of amendments have been made due to the consensus among major political parties. This agreement was essential for implementing changes that reflected the current political philosophy and societal aspirations. Notably, many amendments during the coalition government era exemplify this trend. Key amendments resulting from this consensus include:

• 52nd Amendment - Anti-defection Act (1985)
• 61st Amendment - Reduced voting age from 21 to 18 years (1988)
• 73rd Amendment - Empowered and restructured rural local government (1992)
• 74th Amendment - Empowered and restructured urban local government (1992)

These amendments were often passed with broad support, indicating a shared understanding among political factions during times of change.

Q29. Describe the significance of the Basic Structure Theory Case.
Ans: The Keshavananda Bharati case of 1973, known as the Basic Structure Theory Case, established crucial principles regarding the Indian Constitution. The Supreme Court ruled that:

• Parliament's Power: Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter its basic structure.
• Limits on Amendments: No amendment may violate the basic structure of the Constitution.
• Judicial Authority: The judiciary is the final authority in determining whether an amendment breaches the basic structure.
• Living Constitution: The basic structure theory emerged from judicial interpretation, reflecting the Constitution's evolving nature.

This ruling has guided constitutional interpretations for over four decades, reinforcing the balance between rigidity and flexibility in constitutional amendments.

Q30. Describe the main features of the 73rd and 74th constitutional amendment
Ans: Main Features of the 73rd and 74th Constitutional Amendments:

• Constitutional Status: Local governments are now recognised in the Constitution.
• Fixed Tenure: Local bodies have a uniform tenure across all states.
• Reservation of Seats: One-third of seats in local governments are reserved for women, and one-third for scheduled castes.
• Increased Powers: Local bodies have been granted more powers.
• State Election Commission: A provision for establishing a State Election Commission has been introduced.
• State Finance Commission: A provision for a State Finance Commission has also been included.