Match the following options:

A. Parliament may by law increase the area of any state (i) Article
B. The Soviet Union had in its life of 74 years. (ii) only one constitution
C. After independence in more than 61 years. India had. (iii) four constitutions
D. After independence in more than 61 years. India had. (iv)  that it needs no change
E. No document including constitution of a country can be such (v) numerous constitutions
F. Parliament may by law admit into the union new states. (vi) Article 3

A.

Parliament may by law increase the area of any state

(i)

Article 3

B.

The Soviet Union had in its life of 74 years.

(ii)

four constitutions

C.

After independence in more than 61 years. India had.

(iii)

only one constitution

D.

After independence in more than 61 years. India had.

(iv)

numerous constitutions

E.

No document including constitution of a country can be such

(v)

 that it needs no change

F.

Parliament may by law admit into the union new states.

(vi)

Article

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How would you say that our Constitution is a living document?


It is described that our Constitution is a living document. It is almost like a living being. Our Constitution has kept responding to the situations and the circumstances arising from the time to time. The Constitution of India was adopted on 26th November, 1949. Its implementation formally started from 26th January, 1950. More than fifty-six years after that, the same Constitution continues to function as the framework within which the government of our country operates. Our Constitution makers were so farsighted and wise that they had foreseen all the changes that would take place in the future.

The basic framework of the Constitution is very much suited to our country. Like a living being, the Constitution responds to the experience. Even after so many changes in the society, the Constitution continues to work effectively. Its main characteristics are that it has ability to be dynamic, to be open to interpretations and the ability to respond to the changing situations. The most important point is that our Constitution has been able to work effectively and protect democracy. Democracy is not only about for votes and people's representation but also about the rule of law. Democracy is also about developing institutions and working through these institutions. All the political institutions must be responsible to the people and maintain a balance with each other. Our Constitution has the ability to maintain all these conditions.

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“The critical thought of Lakshminarayan Sahu proved wrong by history of the Indian Constitution ? “How so? Give some arguments.


It is not uncommon for nations to rewrite their constitution in response to changed circumstances or change of ideals within the society or even due to political upheavals. Former Soviet Union (or USSR) and France are good examples in this regard (N.B. students can refer to TB page 197 for more detail).

But as far as India is concerned it did not happen so (i) The Constitution of India was adopted on 26 November, 1949. Its implementation formerly stated from 26 January 1950. More than fifty-eight years after that the same Constitution continues to function as the framework within which the government of our country operates.

Is it an constitution so good that it needs no change? Was it that our Constitution markers were so farsighted and wise that they had foreseen all the changes that would take place in the future?

In some sense both the above answers are correct.

1. It is true that we have inherited a very robust constitution. The basic framework of the constitution is very much suited to our country.

2. It is also true and a hard fact that the constitution framers were very forsighted and intelligent. They provided for several solutions for future situations.

However, it is also a fact that no constitution can provide for all eventualities, no document can be such that it needs no change. Our Constitution is a living document. It accepts the necessity of modification according to changing needs of the society. Secondly, in the actual working of the constitution, there has been enough flexibility of interpretations. Both political practice and judicial rulings have shown maturity and flexibility in implementing the Constitution.

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What is the nature of State according to the Preamble of Indian Constitution?


The nature of the State according to the Preamble is as under:

(a) India is a Sovereign State;

(b) India is a Democratic State;

(c) India is a Secular State;

(d) India is a Socialist State, and

(e) India is a Republic.

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How can the Indian Constitution be amended?

Or

What are the different methods of amendment of the Indian Constitution? Explain them.

Broadly speaking there are three ways of amendment of the articles of our constitutions. These are some articles which can be amended by simple majority just like an ordinary law. No special procedure is adopted for the modification in these articles. For amending the remaining parts of the constitution, provision has been made in Article 368 of the constitution two methods under this article.

All these three methods are discribed as follows:

1. Amendment by a single majority in both the Houses of Parliament (By law):

There are some provisions of the Constitution which can be amended by a resolution passed by a simple majority in both the Houses of Parliament. This amendment is like passing an ordinary bill by the Parliament. Bill on creation of new States, changing the boundaries of existing States, changing the names of the States, creation or abolition of second chamber in State Legislature, citizenships, fixing the qualification of Members of Parliament and State Legislatures, fixing the numbers of judges of the Supreme Court, etc., can be passed by a simple majority of the members present and voting in both the Houses. This makes a part of the Constitution most flexible.

2. Amendment by two-third majority in both the Houses of Parliament (Act 368): Most of the provisions of the Constitution for amendment require the resolution to be passed by a two-third majority of the members present and voting in both the Houses of Parliament. This method is not simple. Amendment resolution can be moved in any House and after it is passed by majority of total membership and two-third majority of the members present and voting, it is sent to the other House. If the other House also passed it with the majority of total membership and a two-third majority of two member present and voting only then the amendment is passed. Many times the Rajya Sabha has rejected the amendment bills passed by the Lok Sabha. Recent example is the Bill on Panchayats and Nagarpalikas.

3. Amendment by two-third majority in both the Houses of Parliament and approval of half of the State Legislatures (Act 368): Most important articles of the Constitution are more difficult to amend. For them after the amendment resolution has been passed by both the Houses of Parliament with majority of total member strength and of two-third majority of those present and voting in each House, the resolution has to be ratified by at least half the State Legislatures. Only thereafter it is considered to be passed.

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M. Imp.

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