Kerala Plus One Political Science Chapter Wise Questions and Answers Chapter 9 Constitution as a Living Document
Constitution as a Living Document Questions and Answers
Question 1.
Are Constitutions static?
Answer:
No, they aren’t. Constitutions develop through amendments. The Constitution is the basic document of any nation. There is a need to bring in timely changes in it because of the social, political, economic and cultural changes that take place with the passage of time. The architects of the Constitution have made provisions to make amendments in the Constitution.
Question 2.
Explain the procedure for the amendment of the Constitution.
Answer:
Amendments to the Constitution:
Article 368 describes the right of the Parliament to amend the Constitution and the procedure for the amendment. Some sections of the Constitution can be easily amended but some sections are not o easy to amend. On the basis of amendment, the sections of the Constitution can be divided into 3. Some sections of the Constitution can be easily amended with a simple majority in the Parliament. But to amend some sections, 2/3 majority is needed.
To amend fundamental rights and Directive principles, 2/3 majority is needed. For amending some very important sections, the majority of the total number of the Parliamentarians and 2/3 majority of those present and voting is needed. Apart from this, recognition of the States is also necessary. At least half of the State Assemblies must favor the amendment. Subjects like election of the President, the executive rights of the Union and the States, Supreme Court, High Courts, relations between the Union and the States, the lists in the 7th schedule, the representation of the States in the Parliament, etc. come in the third group.
The Amendment Bills should be submitted to the President for his approval. Only when he signs them, they come into effect. A Bill for amendment can originate in any House. The Assemblies in the States can’t bring Bills of Amendments.
Question 3.
“At the same time, the Constitution must be flexible and rigid.” Do you agree?
Answer:
Yes, I do. If changes are to be brought in according to the social, political, economic and cultural changes that take place with the passage of time, the Constitution has to be flexible. But at the same time, it should be rigid so as to protect the rights of citizens, the basic structure of the nation, division of powers between the Centre and State, etc. It is not easy to amend a rigid Constitution.
Question 4.
“The Indian Constitution is a living document.” Comment.
Answer:
The Indian Constitution is a living document. Since it has both flexible and rigid features, timely changes can be brought into it because of the changing social, political, economic and cultural circumstances. Through the various interpretations of the Constitution by the Supreme Court also the Constitution grows. So far some 100 amendments have been made and this clearly shows that the Constitution is living and growing.
Question 5.
There are three types of Constitutional amendments. Explain them.
Answer:
Amendments to the Indian Constitution can be made in three ways:
a) Some sections of the Constitution can be easily amended with a simple majority in the Parliament. Adding new States, formation of new States, formation of State Legislative Councils, Dissolution of the Councils, etc. come in this category.
b) To amend some sections, 2/3 majority is needed.
c) To amend fundamental rights and Directive principles, 2/3 majority is needed. For amending some very important sections, the majority of the total number of the Parliamentarians and 2/3 majority of those present and voting is needed. Apart from this, recognition of the States is also necessary. At least half of the State Assemblies must favor the amendment.
d) To prepare amendments, the Constitution has not made any special condition.
e) The procedure for amendment is included in article 368.
Question 6.
Clarify the concept of “Special Majority” and “Simple Majority”.
Answer:
Some amendments can be made by a simple majority in the Parliament. Adding new States, formation of new States, formation of State Legislative Councils, Dissolution of the Councils, etc. come in this category.
To amend some sections, 2/3 majority is needed.
To amend fundamental rights and Directive principles, 2/3 majority is needed. For amending some very important sections, the majority of the total number of the Parliamentarians and 2/3 majority of those present and voting is needed. Apart from this, recognition of the States is also necessary.
Question 7.
State whether the following are true or false.
Answer:
a) The President can’t return an Amendment Bill for the reconsideration of the Parliament.
b) Only elected members have the right to amend the Constitution.
c) The Judiciary can only interpret the Constitution in a different way and bring some changes, but it can’t take the initiative to amend it.
d) The Parliament can amend any section of the Constitution.
e) The Indian Constitution is a living document.
f) Secularism does not come in the basic structure of the Constitution.
Answer:
a) True
b) True
c) True
d) True
e) False
f) False
Question 8.
The Indian Constitution was amended 94 times during the last 60 years. Why have been there so many amendments?
Answer:
The Indian Constitution is flexible enough to adapt to changes. During the period 1970-1990, Congress had the upper hand. The actions plans of the Congress were presented as Constitutional Changes. The later period was that of Coalition Governments. Even then many amendments were made. All this shows that our Constitution is a living one.
Question 9.
Prepare a note on the contents of Constitutional amendments made so far.
Answer:
We can classify the Constitutional amendments made so far into 3:
- Technical or Administrative amendments.
- Different interpretations.
- Amendments through political adjustment and cooperation.
Apart from these, there have also been amendments of controversial nature.
Question 10.
The 42nd Amendment was of the most controversial amendments so far. Explain.
Answer:
The 42nd amendment passed by the Indian Parliament in 1976 is called ‘the little Constitution’. Many articles of the Constitution were amended. These changes were brought to overcome the Supreme Court order in the Kesavananda case. Some controls were brought in the powers of the Judiciary. Fundamental duties were added. In the Preamble, the words Secularism and Socialism were added. The life of the Parliament was raised from 6 years from 5 years. In short 42nd amendment was made for the Emergency declared in 1975.
Question 11.
Who or what among the following are included in the constitutional amendment of India? In what way they are included?
a) Voters
b) State Assemblies
c) President
d) Governors
e) Parliament
f) Judiciary
Answer:
State Assemblies, President, Parliament
Question 12.
Which among the following were the controversial subjects of the 42nd constitutional amendment?
a) It was done at the time of the declaration of Emergency. The declaration of Emergency itself was controversial
b) It did not have the special majority required.
c) It did not get the approval from the State Assemblies.
d) It contained many controversial issues.
e) It did not have the approval of the Supreme Court.
Answer:
a) It was done at the time of the declaration of Emergency. The declaration of Emergency itself was controversial.
c) It did not get the approval from the State Assemblies.
d) It contained many controversial issues.
Question 13.
Point out the main subjects included in the basic structure of the Indian Constitution.
Answer:
Basic structure of the Indian Constitution: These are the important subjects included in the Indian Constitution:
- Supremacy of the Constitution
- Federal system
- Secularism
- Democratic Republic nature
- Rule of Law, Judicial Review
- Fundamental Rights
- Social-Economic justice
- Parliamentary Government
- Independent Judiciary
The Supreme Court made a verdict that the Parliament has no authority to change the basic structure of the Constitution.
Question 14.
Open Constitutions which welcome changes are called …………
Answer:
Flexible constitutions
Question 15.
When was the Indian Constitution approved?
Answer:
26 November 1949
Question 16.
It was the …………. Amendment that included Fundamental Duties in the Constitution.
Answer:
42nd
Question 17.
Who was the Chairman of the Commission appointed for the review of the Constitution?
Answer:
Justice M.N. Venkatachaliah