Short Questions with Answers - Constitution as a Living Document

Q1. What do you know about the amendment of the Constitution?
Ans: The amendment of the Constitution refers to the formal process of changing or updating its provisions so that the document remains suitable for new circumstances. Key points include:

• The Constitution is designed to be flexible enough to permit necessary changes.
• It reflects the dynamism of society by adapting to evolving needs and values.
• Amendments may be technical, administrative or substantial depending on the requirement.
• Examples of amendments include changes in the retirement age of judges and revisions in the reservation of seats for certain communities.

In short, amendments ensure the Constitution remains relevant and representative of contemporary social and political realities.

Q2. Differentiate between a flexible and a rigid Constitution. What is the nature of the Indian Constitution?
Ans: A flexible Constitution can be amended by a relatively simple procedure, while a rigid Constitution requires a longer and more complex process to make changes. The Indian Constitution combines both features:

• Some provisions can be altered by ordinary legislation or a simple parliamentary majority, showing flexibility.
• Other provisions need a special majority in Parliament and, in some cases, ratification by State legislatures, which makes those parts rigid.
• Thus, the Indian Constitution is both flexible and rigid, allowing necessary change while protecting essential principles and federal balance.

Amendment Procedures of the Indian Constitution

Q3. What precaution is taken by the constitution-makers while giving the provisions of amendment in Article 368?
Ans: The makers of the Constitution took care to strike a balance in Article 368. Their precautions included:

• Making the Constitution sufficiently flexible to permit necessary reforms.
• Ensuring it is also rigid enough to prevent frequent or arbitrary alterations.
• Protecting certain provisions that form the core or spirit of the Constitution by requiring state participation for their change.
• Requiring a special majority in Parliament and, where appropriate, the consent of at least half the State legislatures for particular amendments.

These measures were intended to allow adaptation without endangering the Constitution's fundamental values.

Q4. Describe Article 368?
Ans: Article 368 sets out the procedure for amending the Constitution. Its main features are:

• Parliament may initiate amendments by introducing a bill in either House.
• Certain amendments require a special majority in both Houses of Parliament.
• Amendments that affect the federal distribution of powers or other specified matters also require ratification by the legislatures of not less than half the States.
• After passage by Parliament (and ratification by States where required), the bill is presented to the President for assent.

Q5. What is the special majority needed for an amendment?
Ans: A special majority for a constitutional amendment means that a bill must obtain:

• A majority of the total membership of the House, and
• At least two-thirds of the members present and voting.

Both Houses of Parliament must satisfy these conditions separately for the amendment to pass under the special majority route.

Q6. Who is involved in the constitutional amendment?
Ans: Several institutions take part in the amendment process. These include:

• Parliament: Proposes, debates and votes on amendment bills.
• President: Gives formal assent to an amendment bill after it is passed by Parliament.
• State Legislatures: Their ratification is required for amendments that affect the distribution of powers or specified provisions.
• Judiciary: Interprets amendments and decides whether they violate the Constitution's basic features.
• Governors: May be involved in communicating state legislature decisions when ratification is sought.
• Voters: Influence amendments indirectly through their elected representatives, though they do not directly vote on amendment bills.

Q7. When is the ratification of a constitutional amendment required?
Ans: Ratification by State legislatures is required in specific cases:

• When an amendment affects the distribution of legislative powers between the Centre and the States.
• Where it amends provisions concerning the representation of States in Parliament or certain other matters specified by Article 368.
• At least half of the State legislatures must pass the amendment bill, usually by a simple majority, for such ratification to be valid.
• This requirement safeguards the federal character of the Constitution by involving the States in major structural changes.

Q8. Name the amendment which has been passed through political consensus.
Ans: Several important amendments have been enacted with broad political agreement. Notable examples include:

• The 52nd Amendment (Anti-defection) to curb political defections.
• The 61st Amendment which lowered the voting age from 21 to 18.
• The 73rd and 74th Amendments which strengthened rural and urban local governance respectively.
• Other consensus-driven amendments in the 1990s clarified reservation policies and local governance structures.

Q9. What is the role of the President of India in the matter of constitutional amendment?
Ans: The President's role in constitutional amendment is formal and limited:

• Under Article 74(1), the President acts on the aid and advice of the Council of Ministers.
• After Parliament passes an amendment bill (and after any required ratification by States), the bill is presented to the President for assent.
• The President is required to give assent; there is no provision for returning a constitutional amendment bill for reconsideration.

Q10. What is the 52nd Amendment?
Ans: The 52nd Amendment, enacted in 1985, introduced the Anti-Defection provisions to strengthen political stability. Its principal features were:

• Disqualification of members of Parliament or State Legislatures who defect from the party on whose ticket they were elected.
• Disqualification of independent and nominated members if they join a political party after election.
• Exceptions were provided for splits and mergers under specified numerical thresholds.
• The Speaker (or Chairman) was made the authority to decide on questions of disqualification, subject to judicial review.

This amendment sought to discourage opportunistic party switching and promote stable governments.

Q11. When is ratification by States required for a constitutional amendment in India?
Ans: Ratification by States is needed when an amendment affects the division of powers between the Centre and the States or certain provisions concerning state representation. For such amendments:

• Not less than half of the State legislatures must ratify the amendment bill.
• A simple majority within each State legislature is normally sufficient for ratification.
• This requirement ensures that States participate in decisions that alter the federal balance.

Q12. Why does the 42nd Amendment remain controversial?
Ans: The 42nd Amendment (1976) is controversial for several reasons:

• It was enacted during the period of internal Emergency, when democratic processes were constrained.
• It made far-reaching changes to the Constitution, including amendments to the Preamble and many articles.
• It attempted to curtail judicial review and limit the powers of the judiciary.
• It extended the term of the Lok Sabha from five to six years.
• It introduced Fundamental Duties.
• Many of its provisions were seen as undermining constitutional checks and balances and were later rolled back or modified by subsequent amendments.

For these reasons the 42nd Amendment generated intense political and legal debate.

Q13. What was the decision in the Keshava Nand Bharti case of 1973?
Ans: In the 1973 case of Keshavananda Bharati, the Supreme Court held two important points:

• Parliament has wide power to amend the Constitution, including Fundamental Rights.
• However, Parliament cannot alter the basic structure or essential framework of the Constitution.

This judgment established the doctrine that constitutional amendments are subject to judicial review where they threaten the Constitution's core features.

Q14. What was the aim of the 73rd and 74th constitutional amendments?
Ans: The 73rd and 74th Amendments aimed to strengthen local self-government in India. Their principal objectives were:

• To provide constitutional recognition and a clear status to rural (Panchayats) and urban (Municipalities) local bodies.
• To ensure greater representation for women and weaker social groups through reserved seats.
• To make local bodies more effective and accountable by granting them powers, responsibilities and stable finances.

These amendments helped decentralise governance and deepen democratic participation at the grassroots.

Q15. What do you know about the constitutional review commission?
Ans: The Constitutional Review Commission was set up in 2000 with the following features:

• It was established by the NDA government under Prime Minister Atal Bihari Vajpayee.
• The commission was chaired by former Chief Justice M. N. Venkatachaliah.
• Its task was to review the Constitution and suggest reforms, including consideration of the merits of shifting from a Parliamentary to a Presidential form of government.
• Although politically controversial and partly boycotted, the commission reaffirmed principles such as the basic structure doctrine and recommended measured reforms.

Q16. Define constitutionalism and the constitution.
Ans: Constitutionalism is the idea that governmental power should be limited by law and organised according to a written or accepted set of rules. It emphasises:

• Rule of law - no one is above the law.
• Checks and balances on authority to prevent arbitrary exercise of power.
• Open public discourse and the growth of constitutional governance over time.

The Constitution is the written or established framework that sets out how a state is governed. It:

• Defines the institutions and their powers.
• Specifies fundamental rights and duties.
• Provides the principles and values that guide governance.

Q17. Discuss how the Constitution is a living document.
Ans: The Constitution is described as a living document because it can adapt to new conditions and changing social needs. Important points are:

• It evolves through formal amendments and through judicial interpretation.
• Its flexibility allows it to remain relevant as society, politics and technology change.
• Judicial decisions often give contemporary meaning to constitutional provisions.
• Political practice and the amendment process together help the Constitution respond to new challenges.

Thus, the Constitution continues to function as a stable yet adaptable foundation for governance.

Q18. Explain the contribution of the judiciary in the development of the Constitution.
Ans: The judiciary has played a central role in developing the Constitution by interpreting its provisions and checking other branches of government. Its contributions include:

1. Interpreting laws: Courts ensure that legislation and executive actions conform to constitutional norms.
2. Judicial review: The judiciary can declare laws or actions unconstitutional, as in the Golaknath case (1967), which limited Parliament's power over Fundamental Rights.
3. Doctrinal development: Through judgments such as Keshavananda Bharati, the courts developed the basic structure doctrine, shaping how amendments are tested.
4. Fairness in policy: The judiciary has developed principles (for example, the concept of the creamy layer in reservation policy) to ensure fairness and constitutionality in social measures.

These actions have helped preserve constitutional values while allowing the document to be applied to contemporary problems.

Q19. What is the basic structure theory case?
Ans: The Keshavananda Bharati case (1973) articulated what is known as the Basic Structure Theory. The Supreme Court held that:

• Parliament has the power to amend any part of the Constitution, including Fundamental Rights.
• However, Parliament cannot alter or destroy the Constitution's basic structure - its essential framework and fundamental features.

The judgment imposed a judicially enforceable limit on the amending power of Parliament and has since guided constitutional interpretation.

Q20. Make a distinction between the letter and spirit of the Constitution.
Ans: The distinction between the letter and the spirit of the Constitution is as follows:

• The letter denotes the actual, literal text of constitutional provisions.
• The spirit refers to the underlying purpose, intentions and values that led to those provisions.
• Courts often look beyond the literal wording to the spirit to ensure that constitutional aims and social purposes are fulfilled.
• Understanding both letter and spirit is essential for sensible and just interpretation.

Q21. Discuss the circumstances and main provisions of the 42nd Amendment.
Ans: The 42nd Amendment (1976) was enacted during the Emergency and is noted for its sweeping changes. Key circumstances and provisions include:

• Enacted while Emergency restrictions were in force, a period marked by limited political opposition.
• It amended many parts of the Constitution, including changes to the Preamble and numerous articles.
• It introduced Fundamental Duties and lengthened the term of the Lok Sabha.
• It attempted to curtail judicial review and strengthen Parliament's powers in ways that many critics saw as undermining checks and balances.

Because of these far-reaching changes made under extraordinary circumstances, the amendment generated sustained criticism and many of its effects were later reversed.

Q22. How far should the Constitution be flexible and rigid?
Ans: The Constitution must strike a careful balance between flexibility and rigidity:

• It should be flexible enough to accommodate social change and unforeseen challenges.
• It should be rigid enough to protect fundamental rights, democratic institutions and the federal structure from arbitrary alteration.
• The Indian Constitution exemplifies this balance by providing different procedures for different kinds of change, allowing adaptation while safeguarding core principles.

Q23. The Indian Constitution is both flexible as well as rigid. Explain.
Ans: The Indian Constitution combines flexibility and rigidity in these ways:

• The framers anticipated the need for future change and therefore allowed for amendments.
• Certain matters can be altered by ordinary legislative process, showing flexibility.
• Other provisions-especially those affecting state powers or fundamental features-require a special majority and, in some cases, state ratification, which adds rigidity.
• This dual character ensures the Constitution can evolve while protecting vital rights and the federal balance.

Q24. Explain the significance of the 44th constitutional amendment.
Ans: The 44th Amendment (1978-79) was introduced to correct and roll back several changes made by the 42nd Amendment. Its significance lies in:

• Restoring the normal tenure of Parliament and State legislatures to five years.
• Reinforcing the independence of the judiciary and the constitutional position of the President.
• Re-emphasising the importance of Fundamental Rights and limiting executive overreach.
• Removing property as a Fundamental Right, thereby clarifying the balance between individual rights and state policy.

The 44th Amendment helped re-establish constitutional norms after the Emergency period.

Q25. Mention the main provisions of the 52nd Amendment of the Constitution.
Ans: The main provisions of the 52nd Amendment (1985) are:

• An elected member who voluntarily gives up the membership of the party on whose symbol he or she was elected becomes disqualified.
• Independent members who join a political party after the election are disqualified.
• Nominated members who join a political party after six months are also disqualified.
• Exceptions were provided for splits and mergers: a split originally required one-third of the legislative party; a merger required a two-thirds majority of the members of the legislature party.
• The Speaker (or Chairman) is the authority to decide questions of disqualification, subject to judicial review.

These provisions were intended to deter defections and promote stable party systems.

Q26. What is the procedure of constitutional amendment as given in Article 368?
Ans: Article 368 prescribes the methods of amendment. Broadly there are two types of procedures relevant in practice:
1. Simple majority

• ​Certain legislative changes-such as creating new States, altering boundaries or adjusting parliamentary pay-can be effected by ordinary parliamentary law or through simpler procedures.
• Examples include laws under Article 3 (reorganisation of States) that require only a simple majority in Parliament.

2. Special majority

• ​More significant constitutional changes require a special majority in both Houses of Parliament:
• A majority of the total membership of the House, and
• At least two-thirds of members present and voting.

Furthermore, when an amendment affects specified matters (for example, distribution of powers), ratification by at least half of the State legislatures is also necessary.

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

• The amendment procedure is set out in Article 368.
• There are different methods for different categories of provisions-ordinary law, special majority and special majority plus state ratification.
• States cannot initiate amendments; only Parliament can initiate amendment bills.
• There is no provision for a joint sitting of Parliament to resolve differences over constitutional amendment bills.
• The President cannot return a constitutional amendment bill for reconsideration after it has been duly passed.
• The amendment process combines elements drawn from various constitutional models to suit India's needs.

Q28. Describe the amendments through political Consensus.
Ans: Many important amendments have been adopted through broad political consensus. Such consensus helps ensure stability and wide acceptance. Examples include:

• 52nd Amendment - Anti-defection measures (1985).
• 61st Amendment - Lowered the voting age from 21 to 18 (1988).
• 73rd Amendment - Strengthened rural local government (1992).
• 74th Amendment - Strengthened urban local government (1992).

These consensus-based changes helped modernise governance while commanding cross-party support.

Q29. Describe the significance of the Basic Structure Theory Case.
Ans: The Keshavananda Bharati case (1973) and the Basic Structure doctrine that arose from it have lasting significance:

• They confirmed that while Parliament can amend most provisions of the Constitution, it cannot destroy or abrogate the Constitution's basic structure.
• This placed a judicially enforceable limit on Parliament's amending power.
• The doctrine has preserved the balance between constitutional change and the protection of core values such as democracy, rule of law and separation of powers.

As a result, the judiciary acts as the guardian of the Constitution's essential framework.

Q30. Describe the main features of the 73rd and 74th constitutional Amendments.
Ans: The principal features of the 73rd and 74th Amendments are:

• Constitutional status: Panchayats and Municipalities were given recognition in the Constitution.
• Fixed tenure: Local bodies were given a uniform and regular term of office.
• Reservation of seats: One-third of the seats in local bodies are reserved for women, and reservations are provided for Scheduled Castes and Scheduled Tribes.
• Greater powers: Local bodies were entrusted with functions and responsibilities to make them more effective.
• State Election Commission: Provision for an independent State Election Commission to conduct local body elections.
• State Finance Commission: Provision for a State Finance Commission to review financial arrangements and recommend measures to strengthen local finances.