11th Political Science Chapter 9: Constitution as a Living Document

 Here are complete notes based on Chapter 9, "Constitution as a Living Document" 

This chapter explores how the Indian Constitution has evolved over the past 74 years, maintaining its fundamental principles while adapting to changing social, political, and legal needs. It explains how constitutional amendments ensure flexibility, while the Basic Structure Doctrine prevents fundamental alterations to the Constitution’s core values.

The chapter discusses different amendment procedures under Article 368, including simple majority, special majority, and state ratification. It highlights key historical amendments, such as the 42nd amendment during the Emergency (1976) and later corrective amendments like the 44th amendment (1978).

It also examines the role of the Judiciary in shaping the Constitution through landmark rulings such as the Kesavananda Bharati case (1973), which introduced the Basic Structure Doctrine, ensuring that essential democratic principles remain protected.

Furthermore, the chapter emphasizes the Constitution's dynamic nature, its ability to balance rigidity and flexibility, and its responsiveness to evolving societal needs. It concludes by highlighting the maturity of India’s political system in upholding constitutional values, despite political conflicts and legal challenges.

Constitution as a Living Document

Introduction

The Indian Constitution has functioned for over 75 years.

It has been amended multiple times but retains its basic structure.

The judiciary plays a crucial role in protecting and interpreting the Constitution.

The Constitution evolves to respond to changing societal needs.

Are Indian Constitutions Static?

Many countries rewrite their constitutions due to political changes (e.g., Soviet Union, France).

India has continued with the same Constitution since 1950.

The Indian Constitution balances stability and adaptability through amendments and judicial interpretations.

The flexibility in interpretation allows the Constitution to remain relevant.

How to Amend the Constitution?

Article 368 allows Parliament to amend the Constitution.

The amendment procedure balances flexibility and rigidity:

Flexible: Some provisions can be changed by a simple majority.

Rigid: Some provisions require a special majority and ratification by states.

Methods of Amendment

1. Simple Majority – Certain provisions can be amended by a normal legislative process (e.g., Article 2 and 3 regarding state boundaries).

2. Special Majority – Requires:

At least half the total members of each House.

Two-thirds of members present and voting.

3. Special Majority + State Ratification – Some amendments (e.g., affecting federal structure) need approval from at least half of the state legislatures.

Special Majority Requirement

Example: If Lok Sabha has 545 members, at least 273 must support an amendment.

If 400 members vote, at least 267 must be in favor (two-thirds of 400).

Why Have There Been Many Amendments?

106 amendments have been made in 74 years.

Some periods saw frequent amendments, such as:

1974-1976 (Emergency period) – Many controversial amendments.

2001-2003 (Coalition era) – Many amendments despite political differences

Reasons for Amendments:

1. Technical/Administrative Changes – Minor modifications, clarifications (e.g., increasing High Court judges’ retirement age).

2. Judicial Interpretations – Parliament amended provisions when judicial rulings conflicted with government policies (e.g., property rights, Fundamental Rights vs. Directive Principles).

3. Political Consensus Amendments – Some amendments had broad political agreement (e.g., 52nd amendment on anti-defection, 61st amendment lowering voting age to 18, 73rd and 74th amendments on local governance).

4. Controversial Amendments – Some amendments, like the 42nd amendment during the Emergency, were criticized for undermining democratic principles.

Basic Structure and Evolution of the Constitution

The Basic Structure Doctrine (established in the Kesavananda Bharati case, 1973) prevents Parliament from amending core constitutional principles.

Key Aspects of Basic Structure:

1. Parliament can amend the Constitution but cannot violate its basic structure.

2. Judiciary has the power to review amendments.

3. Ensures balance between constitutional rigidity and flexibility.

Impact of the Judiciary on Constitutional Evolution

Supreme Court decisions have shaped the Constitution:

Reservations: Introduced the concept of the "creamy layer" for OBC reservations.

Right to Education: Expanded as a Fundamental Right.

Right to Life: Interpreted to include various human rights (e.g., right to privacy).

Constitution as a Living Document

The Constitution adapts to social and political changes through:

1. Judicial Interpretations – Courts define and expand constitutional provisions.

2. Amendments – Parliament modifies provisions as required.

3. Democratic Practice – Institutions evolve based on practical governance needs.

Role of the Judiciary

The Judiciary ensures laws align with constitutional principles.

The Kesavananda ruling established that the Constitution's spirit is more important than its literal text.

Judicial activism has helped interpret and evolve constitutional provisions.

Maturity of Political Leadership

The Indian political system has largely respected constitutional boundaries.

Even controversial amendments like the 42nd were later reversed (43rd and 44th amendments).

Political consensus has played a key role in amendments post-1980.

Conclusion

The Constitution remains a dynamic and evolving document.

It balances flexibility (to adapt to change) with rigidity (to protect fundamental principles).

The Basic Structure Doctrine ensures that core democratic values are preserved.

Judiciary, Parliament, and political leadership have worked together to uphold and modify the Constitution while maintaining democratic integrity.