Class 11 Political Science (Indian Constitution At Work) Chapter 9 Constitution As a Living Documents

Key Concept: Amendment Categories

d) Technical/Administrative

[Solution Description]

According to the syllabus, examples of technical amendments include the 15th amendment, which dealt with the retirement age of judges. Therefore, it falls under the technical/administrative category.

Key Concept: Amendment Justification

b) To address a shortage of judges

[Solution Description]

The increase in the retirement age of High Court judges through a technical amendment may be justified as addressing a shortage of judges. By extending the tenure, experienced judges can continue to serve, which helps manage caseloads and maintains judicial efficiency.

Key Concept: Voting Age

b) 61st

[Solution Description] The 61st Amendment Act, 1988, lowered the voting age for elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years.

Key Concept: Creamy Layer Concept

d) Creamy Layer

[Solution Description] The concept of the “Creamy Layer” was introduced by the Supreme Court to ensure that only the genuinely needy get reservation benefits while excluding the more privileged among the backward classes.

Key Concept: Constitution’s Evolution

c) Amendments that adapt to societal changes

[Solution Description] The Indian Constitution remains relevant through its ability to evolve with amendments that address changing societal needs and uphold the basic structure doctrine.

Key Concept: Article Identification

b) Article 368

[Solution Description] Article 368 of the Indian Constitution deals with the procedure of constitutional amendments that require a special majority by the Parliament.

Key Concept: Judicial Influence

c) It creates new legal frameworks through interpretation.

[Solution Description] Judicial influence contributes to constitutional evolution by interpreting existing provisions, resolving ambiguities, and ensuring that the principles of justice and equity are upheld, often leading to significant legal precedents.

Key Concept: Flexibility Concept

b) A constitution that is open to changes

A rigid constitution that cannot be changed

Key Concept: Basic Values

c) Economic equality

[Solution Description] The Indian Constitution aims to uphold basic values such as economic equality and national integrity. Among these, economic equality ensures a fair distribution of resources and opportunities among all citizens.

Key Concept: Basic Facts

c) 1950

[Solution Description] The Indian Constitution came into effect on January 26, 1950. This is a basic factual detail about the Constitution.

Key Concept: Informal Amendments

d) It ensures judicial rulings adapt constitutional interpretation over time.

[Solution Description] The basic structure doctrine acts as a safeguard by ensuring that any amendment or law passed does not alter the essential framework of the constitution. This indirectly leads to informal amendments, as interpretations made by the judiciary adapt the constitution to contemporary needs without changing the text itself.

Key Concept: Basic Concept

b) It restricts Parliament from amending certain fundamental features of the Constitution.

[Solution Description] The basic structure doctrine implies that while Parliament can amend most of the Constitution, it cannot alter its fundamental features or basic structure.

Key Concept: Judicial vs. Legislative Power, Historical Context

b) 1970-1980

[Solution Description] The 1970s was a critical decade in India’s history concerning constitutional amendments and the judiciary’s role. The landmark Kesavananda Bharati case in 1973 established the Basic Structure Doctrine, limiting Parliament’s power to amend certain fundamental aspects of the Constitution. This era marked intense discussions about judiciary versus legislative power.

Key Concept: Historical Comparison

d) France

[Solution Description] The country that has changed its constitution the most in Europe since 1800 is France. France has gone through multiple republics, empires, and constitutional changes over the centuries.

Key Concept: Basic Structure

c) It safeguards the essential elements from being amended.

[Solution Description] The basic structure doctrine ensures that certain fundamental aspects of the Indian Constitution cannot be altered by amendments, preserving its essential features.

Key Concept: Controversial Amendments

c) It ensured stable governance by preventing party defections.

[Solution Description] The Anti-Defection Law, enacted through the 52nd Amendment in 1985, was controversial as it aimed to prevent political defections that could undermine government stability. It fundamentally altered the political landscape by establishing clear guidelines to disqualify members who changed parties, thus impacting party discipline within the legislature.

Key Concept: Consensus-Based Amendments

b) 61st Amendment

[Solution Description] The 61st amendment to the Indian Constitution, enacted in 1988, lowered the legal voting age from 21 years to 18 years, allowing more citizens to participate in elections.

Key Concept: Basic Vision

d) Economic equality

[Solution Description] The Constitution-makers envisioned a nation that promoted economic equality, well-being, and national integrity among its citizens.

Key Concept: Coalition Politics

c) 1990-2000

[Solution Description] Coalition politics had a notable impact on constitutional amendments during the 1990s because multiple political parties came to power, requiring compromises and coalitions to form stable governments.

Key Concept: Role of States

d) When modifying articles related to State powers

[Solution Description] The consent of half the State legislatures is required when the amendment affects the distribution of powers between the Union and the States or any representation matters in the parliament.

Key Concept: Simple Amendment

b) Article 3

[Solution Description] Article 3 of the Constitution allows the Parliament to form a new state by enacting a law. This process does not require any special procedure other than passing the law in Parliament.

Key Concept: Legislative vs. Judicial Power

c) Passage of the 42nd Amendment to strengthen parliamentary supremacy.

[Solution Description] During this period, Parliament enacted the 42nd Amendment to assert its supremacy and limit judicial review powers. This included attempting to curb the judiciary’s ability to challenge laws passed by the legislature.

Key Concept: Special Majority Calculation

c) 125

[Solution Description] According to the requirement for a special majority, two-thirds of members present and voting must support the bill, and at least half of the total strength of the House should also be achieved.

First, calculate two-thirds of members who are present and voting:

$\text{Two-thirds} = \frac{2}{3} \times 180 = 120$

Next, calculate half of the total strength of the House:

$\text{Half of total strength} = \frac{1}{2} \times 250 = 125$

The greater number between these two calculations must support the bill, so the minimum number of votes required is 125.

Key Concept: Definition Recall

b) Two-thirds majority in both Houses

[Solution Description] The Constitution of India requires that a constitutional amendment bill must be passed by a two-thirds majority of members present and voting in each House of the Parliament, provided this number is also not less than half of the total strength of the House.

Key Concept: Kesavananda Case

d) It established the basic structure doctrine.

[Solution Description] The Kesavananda Bharati case is considered a landmark because it established the basic structure doctrine, which asserts that while the Parliament has wide-ranging powers to amend the Constitution, it cannot alter its essential framework or foundational aspects.

Key Concept: Definition Recall

c) To amend the Constitution

[Solution Description] Article 368 provides the procedure for amending the Constitution of India, allowing it to be changed or updated when necessary.

Key Concept: Judiciary’s Role

c) Judiciary

[Solution Description] The judiciary is responsible for interpreting the Constitution and determining if any amendments violate its basic structure doctrine. This ensures that the core principles remain intact.

Key Concept: Sovereignty of Elected Representatives, Special Majority

d) By demanding a two-thirds majority of present and voting members

[Solution Description] The requirement of a special majority ensures that only substantive support among the elected representatives can lead to an amendment. It necessitates at least two-thirds of the members present and voting, along with a majority of the total membership, thereby reinforcing representative decision-making.

Key Concept: State Participation

b) By passing the amendment bill in their legislatures

[Solution Description]

States participate in the amendment process of the Constitution by passing the amendment bill in their legislatures. For certain amendments, consent from half of the state legislatures is required.

Key Concept: Legislative Role

d) The Parliament

[Solution Description] Simple majority amendments are initiated and passed solely by the Parliament, emphasizing parliamentary sovereignty.

Key Concept: Amendment Process

c) Article 368

[Solution Description] Article 368 of the Indian Constitution details the procedure for amending the Constitution. It specifies how amendments can be proposed, debated, and ratified.

Key Concept: Basic Concepts

c) It requires a special procedure to amend

[Solution Description] A rigid constitution implies that it cannot be easily amended or changed. Changes require a special procedure or higher majority.

Key Concept: Constitutional Flexibility

a) Basic Structure Doctrine

[Solution Description] The basic structure doctrine ensures that while amendments can be made, they do not alter the fundamental framework of the Constitution, allowing adaptability without losing core principles.

Key Concept: True Meaning

b) It ensures that amendments have broad-based support and are not easily tampered with.

[Solution Description] The requirement of a special majority indicates that constitutional amendments demand significant support across political lines to ensure stability and prevent hasty changes.

Key Concept: Living Document

b) It is open to interpretations and evolves with time

[Solution Description] The Indian Constitution is described as a living document because it is open to interpretation and can evolve over time with changing circumstances, reflecting the growth and changes in society.

Key Concept: Consensus Building

b) It reflects the diverse interests across different regions and maintains national unity.

[Solution Description] In a federal system, power is divided between central and state governments. Consensus ensures that both levels of government agree on changes, reflecting diverse interests and maintaining harmony.

Key Concept: Amendment Process

b) Article 368

[Solution Description]

Article 368 of the Indian Constitution empowers the Parliament to amend the Constitution, allowing it to evolve over time.

Key Concept: Basic Structure Concept

c) To maintain the essential elements of the Constitution that cannot be altered

[Solution Description] The basic structure theory was established to ensure that certain fundamental features of the Constitution cannot be altered by amendments. This ensures the survival of the core principles even through amendments.

Key Concept: Basic Facts

c) 42nd amendment

[Solution Description] The 42nd amendment of the Indian Constitution, enacted during the national emergency, extended the duration of the Lok Sabha from the standard five years to six years.

Key Concept: Basic Concept

c) Its dynamic nature

[Solution Description] The Indian Constitution’s ability to adapt and change with societal needs is due to its dynamic nature, which means it can respond and adjust over time as society evolves.

Key Concept: State Ratification

b) Amendments affecting state powers

[Solution Description] Amendments that affect the distribution of powers between the center and states or involve changes to certain federal provisions require ratification by at least half of the state legislatures as they impact the federal balance of power.

Key Concept: Federalism Impact

b) An amendment altering the distribution of powers between states and the central government

[Solution Description]

Amendments that affect federalism, such as changes to the distribution of powers between the central government and the states, require the approval of at least half of the state legislatures. This ensures that both levels of government agree on significant changes affecting their relationship.

Key Concept: Basic Structure Doctrine

c) Limits Parliament’s power

[Solution Description] The basic structure doctrine ensures Parliament cannot amend essential features of the Constitution, preserving fundamental principles such as secularism, democracy, etc.

Key Concept: Reservation Amendments

d) 77th Amendment

[Solution Description] The 77th Amendment, enacted in 1995, amended Article 16 to allow reservations in promotion for Scheduled Castes and Scheduled Tribes.

Key Concept: Controversial Amendments

c) 42nd

[Solution Description]

The 42nd Amendment of the Constitution of India, enacted in 1976, is often referred to as a “mini-Constitution.” It made extensive alterations affecting many parts of the Constitution and was highly controversial due to its comprehensive nature.

Key Concept: Amendment Flexibility

c) Provisions regarding admission of new states.

[Solution Description] Certain provisions of the Indian Constitution can be amended by a simple majority of the members present and voting in each House of the Parliament. These include changes related to the formation of new states, citizenship acquisition, etc., as prescribed in Article 368.

Key Concept: Basic Values

c) Economic equality and national integrity

[Solution Description] The Indian Constitution aims to promote economic equality and national integrity as foundational values.

Key Concept: Basic Understanding

b) To ensure the rule of law as per the constitutional framework

[Solution Description] The primary role of Parliament within the constitutional framework is to ensure that laws are created and applied in alignment with the Constitution, maintaining its supremacy.

Key Concept: Amendment Reasons

c) Political instability and changes in governance

[Solution Description] During the 1970s, India experienced political turmoil and changes in governance that required constitutional amendments to address various inadequacies and political challenges that arose due to this instability.

Key Concept: Kesavananda Case

c) Kesavananda Bharati case

[Solution Description] The basic structure doctrine was established in the Kesavananda Bharati case decided by the Supreme Court in 1973.

Key Concept: Kesavananda Case

c) Keshavananda Bharati vs. State of Kerala

[Solution Description] The Kesavananda Bharati case of 1973 is widely recognized for introducing the basic structure doctrine, which asserts that certain features of the Constitution are beyond the Parliament’s power to amend.

Key Concept: Parliamentary Supremacy

c) Parliament

[Solution Description] In a parliamentary democracy, the Parliament is usually considered supreme because it represents the people’s will and is responsible for making laws.