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Class 11 Political Science Chapter 9 Constitution as a Living Document
Class 11 Political Science Chapter 9 Constitution as a Living Document Question Answer | Guide for Class 11th Political Science Unit 9 English Medium Also Same NCERT Solutions for Class 11 Political Science In this post we will explain to you what to try If you are a Student of English Medium then it will be very helpfull for you. NCERT/SCERT, AHSEC Class 11 Political Science Chapter 9.
Chapter 9 Constitution as a Living Document
VERY SHORT TYPE QUESTION & ANSWERS:
1. Choose the correct settlement from the following:
A constitution needs to be amendment from time to time because-
(i) Circumstances Change and required Suitable changes in the constitution.
(ii) A document written at one point of time becomes outdated after some time
(iii) Every generation should have a constitution of its own living.
(iv) It must reflect the philosophy of the existing government.
Ans: (i) Circumstances Change and required Suitable changes in the constitution.
2. Write True/False against the following statements.
(a) The President cannot send back an amendment bill for reconsideration of the parliament.
Ans: True.
(b) Elected representatives alone have the power to amend the constitutions.
Ans: True.
(c) The Judiciary cannot initiate the process of constitutional amendment but can effectively change the constitution by interpreting it differently
Ans: True.
(d) The Parliament can amend any section of the constitution.
Ans: False.
3. Which of the following are involved in the amendment of the Indian constitution? In what way are they involved?
(a) Voters.
Ans: Voters: are not involved in the amendment of the constitution.
(b) President of India.
Ans: The President of India: is involved in the amendment of the constitution. An amendment bill after ratification by the two houses of parliament goes to the President for his signature. Unlike other bills, the president has no powers to send an amendment bill back for reconsideration.
(c) State legislature.
Ans: State legislatures: For some articles of the constitution related to the distribution of powers between the centre and States, or articles related to representation, it is necessary that the states are also consulted. Hence in some articles for amendment, the State has to ratify that Amendment Bill before it becomes an act.
(d) Parliament.
Ans: Parliament: Both the Houses of the Parliament must Pass the amendment bill before it becomes an act. Third type of amendments need special majority in both the House of Parliament separately and after that this amendment or these amendments are rectified by at least help of the states also.
(e) Governor.
Ans: Governors: The Governors have no role in the amendment of Indian constitution except those amendment bills which have to be passed or ratified by help of the States also. In that case Governors also put their Signatures on the bill passed by the respective state legislature.
4. You have read in this chapter that the 42nd amendment was one of the most controversial amendments. For which of the following were the reasons for this controversy?
(a) It was made during a national emergency was itself controversial.
(b) It was made without the support of special majority.
(c) It was made without ratification by State legislatures.
(d) It continue provisions, which were (Universal).
Ans: The 42nd amendment was one of the most controversial amendments.
The reason of this controversy were:
(a) It was made during an emergency and the declaration of that emergency was itself controversial.
(b) It contained Provisions which were controversial.
5. Which of the following is not a reasonable explanation of the conflict between the legislature and the Judiciary over different amendments?
(a) Different interpretations of the constitution are possible.
(b) In democracy, debates and differences are natural
(c) Constitution has given higher importance to certain rules and principles and also allowed for amendment by special majority.
(d) Legislature can not be entrusted to protect the rights of the citizens.
Judiciary can only decide the constitutionality of a particular law, can not resolve political debate about its need.
Ans: (d) There has been no conflict on the issue of rights. It is resolved by the constitution itself through the right to constitutional remedies.
6. Identify the correct statements about the theory of basic structure and correct the incorrect statements.
(a) Constitution Specifies the basic tenants:
Ans: It is an incorrect statement. There is no mention as such of basic tenants in the constitution. The basic structure theory is an invention of the supreme court.
(b) Legislature can amend all parts of the constitution except the basis structure.
Ans: It is the correct Statement.
(c) Judiciary has defined which aspects of the constitution can be termed as the basic structure and which can not.
Ans: It is the correct Statement.
(d) This theory found its first expression in the kesavananda Bharati Case and has been discussed in rabguent Judgments
Ans: It is correct statements.
(e) This theory has increased the powers of the Judiciary and has come to be accepted by different political parties and the government.
Ans: It is the correct Statement.
7. From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?
(a) Judiciary did not interfere in the amendments made during this period.
(b) One political party had a strong majority during this period.
(c) There was strong pressure from the public in favour of certain amendment.
(d) There were no real differences among the parties during this time.
(e) The amendment were of non controversial nature and parties had an agreement on the subject amendments.
Ans: (c) There was strong pressure from the public in favour of a certain amendment.
(d) There were no real differences among the parties during this time.
(e) The amendments were of non controversial nature and parties had an agreement on the subject amendments.
8. Explain the reason for requiring a special majority for amending the constitution.
Ans: Amendment to the constitution requires two different kinds 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 that House. Secondly the supporters of the amendment bill must also constitute two-third of those who actually take part in voting. Both houses of parliament must pass the amendment bill separately. This special majority is required for the reason that it would need at least some opposition parties into confidence so that the amending procedure is based on the basic principle that it should be based on broad support among the political parties and parliamentarians.
In respect of the articles related to distribution of powers between the centre and states or articles related to representation. It is necessary that the states must be consulted. The powers of the states must not be at the mercy of the central government. The constitution has to pass such an amendment bill. The articles related to federal structure, Provisions, about the fundamental rights are also amended in this manner. Thus through wide consensus and limited participation of the states, the constitution of India can be amended.
Only help from the states is required due to the reason that the framers of the constitution were most careful to keep this procedure somewhat flexible even in its more rigid format; consent to only help the states and simple majority of the state legislature is sufficient.
9. Many amendments to the constitution of India have been made due to different interpretations held by the Judiciary and the Parliament. Explain with examples.
Ans: Many amendments to the constitutions of India have been made due to different interpretations held by the Judiciary and the parliament. The first amendment act of 1951 made many changes in the constitution. The reason was that certain flaws were discovered in the working of the constitution and those had to be remedied. The right to freedom of speech and expression as given by Article 19 of the constitution was held by some courts to be so comprehensive that no action could be taken against any individual Moreover many states had passed laws abolishing Zamindari System but the laws were declared ultra vires by the courts.
So it was considered necessary to amend the constitution. In the famous case of Kesavananda Bharati, the parliament’s power to amend the constitution was checked and it has got some specific limits. It says that no amendment can violate the basic structure of the constitution. When the Judiciary and to insert an amendment. On many occasions the parliament has not agreed with the Judicial interpretation and therefore sought to amend the constitution to overcome the ruling of the Judiciary.
In the period between 1970 and 1975 such a situation arose frequently. In 1971, the 24th amendment gave the power to parliament to amend any party of the constitution in which the fundamental Rights were also included. The 42nd amendment in 1976 was the most controversial. the 38th, 39th and 42nd amendments were made in the background of the internal emergency. The 42nd amendment who put restriction on the review powers of the Judiciary.
This amendment made changes to the preamble., to the seventh schedule of the constitution and to 53 other articles of the constitution. The 43rd and 44th amendments cancelled most of the changes that were affected by the 38th, 39th and 42nd amendments. The constitutional balance was restored by these amendments. There are some examples in which Judicial interpretation changed or understanding of the constitution. As the supreme Court had held that reservations in jobs and educational institutions can not exceed 50% of the total seats.
10. If amendment power is with the elected representative, the Judiciary should not have the power to decide the validity of amendments. Do you agree? Give your reason in 100 words.
Ans: There has been a controversy over the amending power of the parliament. It was advocated that the amending power is with the elected representatives and the Judiciary should not have the powers to decide the validity of amendments. But it is not true. In fact, amendments during the period 1970 to 1980 generated a lot of legal and political controversy. The parties that were in opposition during the political period 1971-1976 saw many of these amendments as attempts by the ruling party to subvert the constitution.
In the 42nd amendment most Parts of the constitution were amended. If the Judiciary would remain silent then the elected representative can destroy the basic structure also. In terms of constitutional legal issues, the most serious question that came up again and again from 1950 was about the supremacy of the parliament. In Parliamentary democracy as that obtained in India, the Parliament represents the People and therefore it is expected to have an upper Rand over other executive and Judiciary.
But at the same time there is the text of the constitution and it has given powers to other organs of the government. Hence the Judiciary should have the powers to other organs of the government. Hence the judiciary should have the power to decide the Validity of amendment also.
11. Explain the procedure for amendment of the Constitution of India.
Ans: Procedure for Amendment of the constitution of India: The Constitution of India provides for a distinctive amending process when compared to the Constitutions of other nations. It can be described as partly flexible and partly rigid. The Constitution provides for a variety in the amending process. This feature has been commended by Australian academic Sir Kenneth Where who felt that uniformity in the amending process imposed “quite unnecessary restrictions” upon the amendment of parts of a Constitution. An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament.
The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. There is no provision for a joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368, it must be ratified by the Legislatures of not less than one-half of the States.
Although, there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent. Every constitutional amendment is formulated as a statute. The first amendment is called the “Constitution (First Amendment) Act”, the second, the “Constitution (Second Amendment) Act”, and so forth. Each usually has the long title “An Act further to amend the Constitution of India”.
ADDITIONAL QUESTION AND ANSWERS:
1. Write a brief note on Unity and integrity of the nation, as given in the Indian constitution.
Ans: The framers of the constitution were aware of the policy of divide and rule of the Britishers so they laid great stress for the need of answering the unity and integrity of the nation. To achieve this goal, India has been declared a secular state and the principle of single citizenship has been. adopted. There is one constitution for the whole country and 22 languages have been given recognition by the constitution. Along with unity of the notion the world integrity has been added by 42nd amendment of the constitution.
2. Explain the term fraternity.
Ans: The dictionary meaning of the term fraternity is brotherhood without fraternity, liberty and equality are meaningless; it was the main slogan of the French revolution. The Preamble of the Indian constitution by special stress upon the promotion of interests, the cohesion into one nation is not possible.
3. What is meant by the term “Republic” as given in the Preamble of Indian constitution?
Ans: The word ‘Republic’ means that the head of the State shall be elected one for a fixed tenure. In the Indian Constitution there is no room for a hereditary monarch like the one in England or Japan. At the time of the assumption of office the president has to take an oath “to devote himself to the service and well being of the people of India. The President of India is indirectly elected by the people.
4. Write a short note on the word “Democratic’ used in the preamble of Indian constitution.
Ans: According to the preamble of the Indian Constitution, a democratic form of Government has been envisioned in India. Indian Politics is based on the democratic principles. Here the government is “of the people, for the people and by the people”. The People elect their representatives periodically, who form the Government and use sovereign authority on behalf of the people.
5. What is the significance of the following phrases as used in the preamble of the Indian constitution: “Liberty of thought, expression, belief, religion and warship.
Ans: The citizens of India have been guaranteed a number of freedoms by the constitution part-III of the constitution deals with the Fundamental Rights of the citizens. Some of the very important freedoms have been mentioned in the preamble itself. They are liberty of thought, freedom to express one’s view, belief and worship. In the list of the Fundamental Rights guaranteed to the Indian citizen six types of freedom have been described. For example, every Indian citizen has the liberty to express his views, Speech and writing, adopt any profession, move anywhere in India, settle anywhere and to form associations, etc.
6. What is the nature of the state according to the preamble of the Indian constitution?
Ans: The nature of 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.
7. Discuss the objectives of our constitution as embodied in the preamble.
Ans: Following are the objectives of our constitution as embodied in the preamble:
(a) Justice: Social, Political and economic.
(b) Liberty of thought, expression, belief, faith and worship
(c) Equality of status and opportunity, and
(d) Fraternity assuring the dignity of the individual and the unity of the nation.
8. What is meant by the term “Equality” as given in the preamble of the constitution?
Ans: 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 (Art.14 and 15). The constitution also offers equality of opportunity in matters relating to employment under the state (Art16) Untouchability has been abolished (Art. 17) and all titles except those of academic or military distinction, have been abolished (Art. 18)
9. Write down the preamble of the Indian constitution.
Ans: The Preamble of the Indian constitution has been described in the following manner:
“We the people of India, having solemnly resolved to constitute India into a sovereign socialist, secular, Democratic, Republic and to secure to all the Citizens: Justice-Social economic and Political.
Liberty of thought, expression, belief, Faith and worship. Equality of status and opportunity and To promote among them all.
Fraternity, assuring the dignity of individuals and the unity and integrity of the nation.
In our constituent Assembly the twenty sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution.
10. What do you mean by political and economic justice?
Ans: In the Preamble of the Indian constitution, the political and economic Justices have been described in the following manner:
Political Justice: Political justice means that all the citizens should enjoy equal political rights. In other words, the citizens should have the right to participate in the Government.
Economic Justice: Economic Justice means that every citizen should get the opportunity to earn livelihood. There should not be a big gap in the income of the citizens for this purpose. In the Art. 39 of the constitution it has been mentioned that the state will make efforts to ensure that economic Justice is done to the people on the principle of maximum welfare for the maximum people.
11. Point out any four defects of the amending procedure of the Indian Constitution.
Ans: (a) There is no provision for Joint Sitting of the Houses of Parliament for the Constitution Amendment Bills under Article 368 of the Constitution as Article 368 specifically requires each house to pass the Bill by a Special Majority.
(b) An amendment can be initiated only by the introduction of a Bill in either House of Parliament.
(c) When the bill is so passed, it must be presented to the president who shall give him assent to the bill,
(d) No specific time limit for the ratification of an amending Bill by the State Legislatures is laid down. However it should be passed before the amending Bill is presented to the President for his assent.
12. The Constitution of India is as a Living Document – Explain.
Ans: Our constitution is called a living document because it keeps responding to situations and circumstances arising from time to time like a living being, constitution responds to experience. So even after so many decades, the constitution continues to work effectively because of its ability to be dynamic, to be open to interpretations and its ability to respond to changes, this is vital for the democracy of the country. Our constitution has protected democracy but at the same time allowed it to be open to new practices.
This has allowed our constitution to earn the respect of the people. Our parliament has also worked in such a way to allow the supremacy of the constitution, Democratic institutions have developed and worked within the framework of the constitution. Our judiciary has maintained the letter and spirit of the constitution. It has insisted that all work has to be within the framework of the constitution.
Propeople measures should be taken but it should not bypass the legal procedures because if the legal procedures are ignored in the name of public interest, then the executive will have arbitrary use of power and our political leaders, political parties, government and parliament has accepted its functioning within the ‘basic structure of constitution’.
13. How was the size of the council of Ministers limited by the 91st Amendment Act (2003)?
Ans: Prior to January 1, 2004 (effective date of 91st Amendment of the Constitution) the Prime Minister had discretion to appoint any number in his council of ministers. But the Constitution Act in 2003 made a drastic change in curbing such power of the Prime Minister. This Amendment added clause (1A) in this Article which made a specific provision that, the total number of Ministers, including Prime Minister, in no case can exceed 15 percent of the total number of Lok Sabha members.
Notes of AHSEC Class 11 Political Science Chapte9 2 | English Medium Class 11 Political Science Notes In this post we will explain to you Class 11 Political Science Chapter 9 Question Answer | AHSEC Class 11 Political Science Question Answer Unit 9 If you are a Student of English Medium then it will be very helpfull for you.
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