📖 Class 11 Political Science
Chapter 9 – Constitution as a Living Document (संविधान एक जीवंत दस्तावेज़)
❇️ Constitution (संविधान)
- The Constitution is a reflection (प्रतिबिंब) of the will and aspirations (आकांक्षाएँ) of society.
- It is a written document prepared by representatives of the people.
- Adopted on 26th November 1949 and implemented on 26th January 1950.
- Since 1950, the same Constitution has continued to guide the functioning of the nation.
- The basic structure (मूल संरचना) of the Constitution cannot be changed.
🌱 Constitution as a Living Document (संविधान में जीवंतता)
- It is dynamic (परिवर्तनशील), not static (स्थायी/गतिहीन).
- Provisions are modified according to the needs of time (समय की आवश्यकता).
- Amendments are guided by necessity, not political motives.
- A living Constitution means changes without altering its basic structure.
- Responds to new experiences & challenges over time.
- Example: Supreme Court ruling – reservations cannot exceed 50% in jobs & education.
📖 Flexible Constitution (लचीला संविधान)
- Some provisions can be changed easily like ordinary laws.
- Example: Changing names or boundaries of states.
- Requires simple majority (साधारण बहुमत) of members present in both Houses of Parliament.
🏛️ Rigid Constitution (कठोर संविधान)
- Some provisions need two-thirds majority (दो-तिहाई बहुमत) in both Houses.
- Certain provisions also require approval from at least half of the state legislatures.
⚖️ Constitutional Amendments (संविधान में संशोधन)
- The amendment process starts only in Parliament.
- Article 368 deals with constitutional amendments.
- Amendments cannot alter the basic structure.
- The Indian Constitution is a mix of rigidity and flexibility.
- Till now, there have been around 100 amendments.
- The President cannot send back a constitutional amendment bill for reconsideration.
🔑 Methods of Amendment (संविधान में संशोधन के तरीके)
- By simple majority in Parliament.
- By special majority (विशेष बहुमत) in both Houses.
- By special majority + approval of half of the states.
📝 Examples of Simple Majority Amendments
- Creation of new states.
- Change in boundaries or names of states.
- Creation or abolition of Legislative Councils (Vidhan Parishad).
- Matters of citizenship (नागरिकता).
- Jurisdiction of the Supreme Court.
📝 Provisions Requiring Special Majority + States’ Consent
- Method of electing the President.
- Distribution of legislative powers between Centre and States.
- Representation of states in Parliament.
🔄 Difference between Simple & Special Majority
- Simple Majority (साधारण बहुमत): 50% + 1 of members present and voting.
- Special Majority (विशेष बहुमत): Two-thirds of the total members of the House.
❇️ Article 368
🔹 Article 368 states that Parliament can amend (संशोधन करना) any provision of the Constitution by following the procedure mentioned in it.
📜 Major Constitutional Amendments
- 🗓️ 1951 – Right to Property amended, Ninth Schedule (नौवीं अनुसूची) was added.
- 🗓️ 1969 – Supreme Court held that Parliament cannot amend the Constitution in a way that violates Fundamental Rights (मौलिक अधिकार).
- 🗓️ 1989 – 61st Amendment → Voting age reduced from 21 years to 18 years.
- 🗓️ 73rd & 74th Amendments – Introduced Local Self-Government (स्थानीय स्वशासन).
- 🗓️ 93rd Amendment (2005) – Reservation for OBCs (Other Backward Classes – पिछड़ा वर्ग) in higher education institutions.
- 🗓️ 42nd Amendment (1976) – Added words Secular (पंथनिरपेक्ष) and Socialist (समाजवादी) in the Preamble.
- 🗓️ 52nd Amendment (1985) – Introduced Anti-Defection Law (दल-बदल विरोधी कानून).
❇️ Need for Constitutional Amendments
🔹 The Constitution was framed after World War II (द्वितीय विश्व युद्ध). With changing situations, amendments were necessary to keep it a living instrument (जीवंत दस्तावेज़).
🔹 Over 100 amendments have been made to strengthen democracy and meet new challenges.
❇️ Categories of Amendments
Amendments can be divided into three categories:
🔶 Administrative Amendments (प्रशासनिक संशोधन)
🔶 Interpretative Amendments (संविधान की व्याख्या से संबंधित)
🔶 Political Consensus Amendments (राजनीतिक आम सहमति से उत्पन्न संशोधन)
❇️ Controversial Amendments
🔹 Some amendments led to disputes, like 38th, 39th and 42nd Amendments during Emergency (आपातकाल).
🔹 Opposition leaders were in jail and government got unlimited powers.
❇️ Doctrine of Basic Structure
🔹 Propounded by Supreme Court in Kesavananda Bharati Case (1973).
It clarified that:
🔶 Parliament can amend the Constitution, but cannot alter its Basic Structure (मूल संरचना).
🔶 Judiciary (न्यायपालिका) has the final say on whether an amendment violates the basic structure.
❇️ Constitution as a Living Document
🔹 The Indian Constitution is dynamic (गतिशील) and has survived over 67 years.
🔹 Despite challenges, it continues to adapt (अनुकूल होना) to changing situations.
🔹 Its flexibility and ability to face new challenges prove its living nature (जीवंतता).
