Lesson 9: The Constitution as a Living Document
The constitution reflects the will and aspirations of society; hence, amendments and changes are made over time.
Why is the Indian Constitution a Living Document?
The Indian Constitution is considered a living document because it undergoes amendments as required by the times.
1. Constitutional Amendments
The Indian Constitution is dynamic, with over 105 amendments so far, which keep it relevant.
2. Flexible Constitution
The framers of the Indian Constitution designed it to be both rigid and flexible. Flexibility means amendments can be made relatively easily.
3. Laws by Parliament
Laws enacted by the Indian Parliament from time to time contribute to the development of the Constitution.
4. Judicial Decisions
Judicial decisions made in the interest of the public ensure the Constitution remains adaptable.
5. Dynamic Constitution
Despite being over 75 years old, the Indian Constitution remains functional and continues to adapt to various challenges and situations.
A Mix of Rigid and Flexible Features in the Indian Constitution
Rigid Constitution
A rigid constitution is one where amendments are not easy to make.
Special majorities are required for amendments.
Examples include changes to the fundamental structure of the constitution, division of powers between states, etc.
The American Constitution is an example of a rigid constitution.
Flexible Constitution
A flexible constitution allows for easier amendments.
Special majorities are not required for certain changes.
For instance, renaming states is a simpler process.
The Indian Constitution exemplifies a combination of rigidity and flexibility.
Process of Amending the Indian Constitution
Article 368 of the Indian Constitution describes the amendment process:
1. Simple Majority in Parliament
This is the most basic method of amendment.
Certain issues can be amended without the procedure of Article 368.
Examples:
Article 2: Formation of new states.
Article 3: Alteration of state boundaries.
2. Special Majority of 2/3 in Parliament
This method is used for most constitutional provisions.
Such amendments require a two-thirds majority of the members present and voting in both the Lok Sabha and Rajya Sabha separately.
Example: If 400 members are present, at least 267 votes must favor the amendment.
3. Special Majority and Approval by Half of the State Legislatures
This method is used for fundamental rights and changes in legislative powers.
The amendment must first be passed with a special majority in Parliament and then approved by at least half of the state legislatures (approximately 15 states).
After this, it is sent to the President, who cannot return it for reconsideration.
Types of Constitutional Amendments
1. Technical or Administrative Amendments
These amendments address minor changes or corrections in the Constitution.
Examples:
Increasing the retirement age of judges from 60 to 62 (15th Amendment).
Salary increments for judges (55th Amendment).
Making the President consider the advice of the Council of Ministers.
2. Amendments by General Consensus
These amendments are made to meet societal aspirations.
Examples:
Anti-defection amendment (52nd Amendment).
Reducing the voting age from 21 to 18 years (61st Amendment).
Establishing Panchayati Raj (73rd Amendment).
3. Amendments Related to Structural Changes in the Constitution
Sometimes amendments are required due to conflicts between the judiciary and the government.
Examples:
Conflicts between Fundamental Rights and Directive Principles of State Policy.
Disputes over property rights.
Reasons for Frequent Amendments in the Indian Constitution
1. Flexibility of the Constitution
Since the Indian Constitution is a blend of rigidity and flexibility, amendments are easier in some areas.
2. Changing Needs of Time
Amendments are often made in response to contemporary circumstances to serve public welfare.
3. Dynamic Nature of the Constitution
The Indian Constitution is adaptive and has undergone many changes over the years to remain relevant.
4. Role of the Judiciary
In cases of disputes between the judiciary and the government, Parliament amends the Constitution to address public interest, but the judiciary restricts changes to the basic structure.
5. Addressing Irrelevant Provisions
Some provisions of the Constitution have become outdated and need changes.
6. Rectifying Weaknesses
Over the past 75 years, several weaknesses in the Constitution have been identified and corrected through amendments.
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