Important Questions: Constitution as a Living Document | Political Science Class 11 - Humanities/Arts PDF Download

Very Short Answer Type Questions

Q1: 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.

Q2: Describe Art 368?
Ans: Art 368 of the Constitution, deals with the amendment of the Constitution. Parliament may in the exercise of its constituent power amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the procedure laid down in this constitution.

Q3: Who is involved in the constitutional amendment?
Ans: The following process/constitution is involved in the process of a constitutional amendment.

• Parliament
• State legislature
• President

Q4: Name the amendment which has been passed through political consensus.
Ans: There is a large group of amendments that have been made as a result of consensus among the political parties. Some of them are as under.

• 52 Amendment 1985
• 61 Amendment 1988
• 73 Amendment 1992
• 74 Amendment 1992
• 77, 8.1 & 82 Amendments.

Q5: What is the 52nd Amendment?
Ans: 52amendment of the constitution was effected in 1985 by Rajiv Gandhi’s government to curb the evil of defection in Indian politics: Rajiv Gandhi was committed to checking defection. This amendment made several provisions to check defection.

Q6: Why the 42nd amendment remained controversial?
Ans: The 42nd constitutional amendment is known to be the most controversial. amendment due to the following reasons.

• It was enacted when the internal emergency was in force.
• When it was passed most of the top political leaders of all political parties were in jail.
• By this amendment, the Constitution was subverted.

Q7: What was the aim of the 73rd and 74th constitutional amendments?
Ans: When Narasimha Government assumed office in 1991 it brought the 73rd and 74th constitutional amendments for which necessary political consensus was created. The purpose of this amendment was to restructure the local government by giving adequate representation to women and other weaker sections of the society and to make then local bodies more vibrant and functional.

Short Answer Type Questions

Q8: Discuss how the Constitution is a living document.
Ans: A constitution is a living document because it reflects the aspirations of living beings. This is a document that keeps on responding to the situations and circumstances arising from time to time. Like a living being the constitution responds to experience. A constitution is a dynamic document reflecting the movement and dynamism of the society. It continues to work for society effectively because of its dynamism and response to changing situations and the demands of the circumstances. The constitution protects the democracy and Fundamental Rights of the people and the existence of different constitutions. The constitution allows the evolution of new practices and also needs respect from the citizens.

Q9: What is the basic structure theory case?
Ans: To nullify the effect of the ruling in the Golakhnath case, the Parliament passed 38th and 39th amendments in the constitution in 1971. In 1973, in the Keshwananda Bharti case, these amendments were challenged by the Supreme Court, The court ruled that Parliament can amend any part of the Constitution, including Fundamental Rights but cannot amend the basic structure of the constitution. This particular case ie; Keshwananda Bharti Case is known as the Basic Structure Theory case.

Q10: How far the Constitution should be flexible and rigid.
Ans: The Constitution provides the framework of the government which is most suitable and responsive for the present and future society. The Constitution has to be. able to respond to the challenges that may arise in the future. Therefore it must be the quality and characteristic of the consti¬tution- that it has something that is contemporary and something that has a more durable importance suiting to the needs of the future. It should also show some rigidity also so that the Constitution does not become a plaything in the hands of the ruling, party and it is not misused at any stage.

Q11: Define constitutionalism and constitution.
Ans: Constitutionalism stands for a check on the arbitrariness of the ruler. Constitutionalism stands for the rule of law and seeks to check the rule of whims and fancies of the rulers. Constitutionalism stands for discussion and debate on the issues of government. Constitutional development is a part of constitutionalism. Which is meant for evolving the norms and regulations for administrators. The constitution can be defined as a body of rules and regulations which provide a framework for governance in a democratic setup. It defines the area of work for different organs of the government. It also decides the made and norms philosophy and direction of the government as well as society.

Q12: The Indian Constitution is both flexible as well as rigid. Explain.
Ans: The makers of the Indian constitution were aware of both the needs of the Constitution ie; flexibility as well as rigidity. Therefore they struck a balance. They made the Constitution above law and expected that the future generation will respect this document. At sometimes were aware that in the future this document will require modifications because circumstances are bound to change according to the needs of the time. Due to differences of Opinion also change would become necessary. It is because of this they made it flexible and to save the Constitution from the atrocity of the ruling party they made it rigid.

Q13: Describe the main features of the 73rd and 74th constitutional amendment
Ans: Following are the features of the 73rd and 74th constitutional amend¬ments.

• The local governments have been given constitutional status.
• Fixed tenure and uniform tenure of local bodies in all states.
• 1/3 seats of the local governments are reserved for women and l/3rd seats are reserved for scheduled castes in membership as well in the part of President and Sarpanches.
• The powers of the local bodies are increased
• Provision of State Election Commission
• Provision of State Finance Commission.

Long Answer Type Questions

Q14: Explain the meaning, and need of the amendment of the Constitution. Reflect the conflict between the Judiciary and Parliament.
Ans: The Constitution is a living and dynamic document hence needs an addition, change modification as per the demand of the situation which keeps on changing from time to time When these modifications and changes are effected in the Constitution it is called an amendment. The constitution needs to be amended because it is dynamic and not a closed and static rule book. The constitution needs to reflect the efforts to take the problems that the society is facing at the time of the making of the society and in the time to come also. The Constitution has to be able to respond to the challenges that may arise in the future. The Constitution is not a frozen document. It is a document made by human beings and for human beings therefore it needs amendments. ‘

The first amendment of the Constitution was effected in 1951 itself when the land reform laws were challenged in the court. The conflict between the judiciary and the Parliament became open in 1967 when the judiciary ruled that Parliament could not amend the Fundamental Rights in the Golak Nath case in 1967. To overcome the ruling in this case, Parliament passed 38th and 39th con¬stitutional amendments in 1971, and again their amendments were challenged in the court in Keshwa Nand Bharti \case. In the face of the power of Judicial review and PI (Public Interest litigation), the conflict between the Parliament and the Judiciary has become more bitter.

Q15: Explain the contribution of the judiciary in the development of the Constitution.
Ans: The judiciary plays an important role in the development of the Constitution. The judiciary is the final authority in the matter of interpretation of the Constitution. The judiciary examines and interprets the laws made by the parlia¬ment and state legislature and gives a final ruling on different issues which becomes the source of law and part of the Constitution. The judiciary ensures that all the laws of the legislatures and policies and programs of the executives are made within the framework of the constitution. Sometimes this leads to controversy between the judiciary and Parliament. It has happened many times on different occasions when the Judiciary declared the laws of the Parliament as unconstitutional and Parliament amended the Constitution to nullify the ruling of the Judiciary. For example in 1967 in the Golakhnath case, the judiciary gave the ruling that Parliament cannot amend the Fundamental Rights but Parliament brought the 38th and 39th Amendments to nullify the effect of that ruling.

Q16: Discuss the circumstances and main provisions of the 42nd amendment.
Ans: 42 amendment of the constitution is known to be the most con¬troversial amendment and it was passed in the most controversial circumstance. 42nd amendment was passed in 1976 when an internal Emergency was in force and top opposition leaders were in jail.

The main provisions 42nd Amendment are as under:

• The term of Parliament and state legislature were extended for six years in place of 5. years.
• Fundamental Rights were made. inferior to Directive Principles of State Policy.
• Important institutions like Judiciary were made weak and subordinate
• Two new words socialism and secularism were added in the Preamble of the Constitution.
• The position of the President is also reduced.
• The powers of the press were snatched
• Restrictions were put on the judiciary

Q17: Explain the significance of the 44th constitutional amendment.
Ans: 42nd Amendment distorted the entire Constitution during the Emergency in 1976. In 1977 elections were held in which the Congress party under Mrs. Indira Gandhi was badly ruled out and the Janata Party came to power under the Prime- ministership of Shri Morarji Desai. Janata Party Government was committed to correcting the distortions of the 42nd amendment. Therefore the 44th constitutional amendment was passed by Janata Party Government in 1979 for this purpose its main provisions are as under:

• The tenure of Parliament and State legislature were again deduced to five years.
• The status and position of the President and judiciary were restored to them by this amendment.
• Fundament Rights were given primary position.
• The fundamental Right of the property was deleted from the Constitution.

Q18: Describe the significance of the Basic Structure Theory Case.
Ans: Kesha Nand Bharti case 1973 is popularly known as Basic Structure Theory Case in which it was ruled by Judiciary that Parliament can amend any part of the Constitution including Fundamental Rights of the Constitution but cannot amend the Basic structure of the Constitution. The followings are the main significance of this case.

• It has set specific limits to the Parliaments’ power to amend the Constitution. It means that no amendment can violate the basic structure of the Constitution.
• It allows the Parliament to amend any and all parts of the Constitution (within this limit)
• It places the judiciary as the final authority in deciding if any amendment has violated the basic structure and what constitutes the basic structure.
• The theory of basic structure has emerged with the interpretation of the Constitution.

Q19: Write some important features of a constitutional amendment in India.
Ans: The following can be given as important features of a constitutional amendment.

• We have adopted the process of constitutional amendment from South Africa.
• The procedure is given in Art 368 of the Constitution
• States have a limited role in the matter of constitutional amendment as the process of the amendment cannot be initiated in the state assemblies.
• There cannot be a joint session of Parliament to resolve the difference, between Lok Sabha and Rajya Sabha.
• President cannot send back a constitutional amendment bill after reconsideration which is passed by the Parliament.
• Three methods are used separately to amend three different categories of the Constitution.

Q20: Mention the main provisions of the 52 amendments of the Constitution.
Ans: 52nd amendment was passed in 1985 by Rajiv Gandhi Government to check the evil of defection in Indian politics. The main provisions of this Act are as under: It was based on the consensus of all political parties.

• A person who is elected on a ticket of a particular party will lose his/her membership if he/she joins another party after the election
• An independently elected member will also lose the membership if he/she joins any political party of the election.
• If a nominated member joins any political party he/she will also lose the membership of the house.
• However, in the case of a split and merger of the political parties, the membership will not be affected. For split 1/3 membership will be required and for a merger 2/3 majority of the legislative group of the party will be required.
• Speaker will be the final authority to decide the split or merger of the political parties.