Which two factors have made India's constitution a living document rather than a closed and static rulebook?


(i) India's Constitution accepts the necessity of modifications according to changing needs of the society.

(ii) In the actual working of the constitution, there has been enough flexibility of interpretations. Both political practice and judicial rulings have shown matority and flexibility in implementing the Constitution.

The above mentioned two factors have made India's Constitution a living document rather than a closed any static rulebook.

 

Tips: -

M. Imp.

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What is the significance of the ‘Special Majority’ required for amending the certain articles of the constitution?


An amendment to the constitution requires two different sets of special majorities. In the first place, those voting in favour of the amendment bill should constitute at least half of the total strength of the House. Secondly the supporters of the bill must constitute two thirds of those present and voting. Both the houses have to pass the amendment bill separately in the same manner. (There is no provision for a joint session). This implies that there is sufficient consensus over the proposed amendment, it cannot be passed. The political party in power need to take at least some opposition parties into confidence, if it wanted to amend the constitution, thus making it broad based.

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Why is the 42nd amendment called a ‘mini Constitution’?


The 42nd amendment was a wide ranging amendment affecting large parts of the constitution. It was also an attempt to override the ruling of the Supreme Court given in the Keshvananda Bharati case. Duration of the Lok Sabha was extended from five to six years. This amendment put restrictions on the review powers of the Judiciary. The amendment made changes to the Preamble, to the seventh schedule of the Constitution, and to 53 articles of the constitution. Due to these voluminous changes in the Constituion, 42nd amendment was called a mini constitution.

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What is meant by the term Equality as given in the Preamble of the Constitution?


The Preamble speaks of ‘equality of status and opportunity’. Equality of status means all are equal in the eyes of law and have equal protection of law. Nobody can be discriminated against on the basis of his religion, caste, creed, colour or sex (Article 14 and 15). The Constitution also offers equality of opportunity in matters relating to employment under the State (Article 16). Untouchability has been abolished (Article 17) and all titles except those of academic or military distinction, have been abolished (Article 18).

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What would you say about each of these statements?

(a) The constitution is live any other law. If simply tells us what are the rules and regulations governing the government.

(b) The constitution is the expression of the will of the people, so there must be a provision to change the constitution after every ten or fifteen years.

(c) The constitution is a statement of the philosophy of the country. It can never be changed.

(d) The constitution is a sacred document. Therefore any talk of changing it is against democracy.


(a) The Constitution is an instrument that societies create for themselves. All other laws of the society have to conform to the tenets of the constitution. Hence the constitution is not like any other law. The constitution is fundamental to oil other laws.

(b) There not should be a provision for the change of constitution every ten or fifteen years. It won't do any good to the society. The so called banana republics are examples of this.

(c) No; a constitution must be rigid but at the same time it should be flexible enough to accomodate the changing needs and aspiration of the society.

(d) A constitution is a sacred document. But at the same time to meet the challanges of democracy, its provisions must be suitably changed. The changes in the constitution to meet the changing situations in the society are not against the spirit of the democracy.

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