Chapter 9 : CONSTITUTION AS A LIVING DOCUMENT
1. In this chapter, we will see how the Indian Constitution has worked in the last 69 years.
2.The Constitution of India was adopted on 26 November 1949.
3. Its implementation formally started from 26 January 1950.
4. Article 368 (Part 20) of Indian constitution, empowers parliament to accepts the necessity of modifications
according to changing needs of the society.
5. This is why Indian Constitution is a living document.
6. Article 368: empower parliament to amend the constitution.
HOW TO AMEND THE CONSTITUTION ?
1. Indian Constitution is ‘flexible’ and at the same time it is ‘rigid’ also.
2. Flexible means open to changes and rigid means resistant to changes.
3. A constitution that can be very easily changed or modified is often called flexible.
4. In the case of constitutions, which are very difficult to amend, they are described as rigid.
5. The Indian Constitution combines both these characteristics.
6.Simple majority in Parliament: as mentioned in some articles
i) There are many articles in the Constitution,which can be amended by a simple law of the Parliament.
ii) No special procedure for amendment is required in such cases
iii) E.g. creation of new states, alteration of state boundary etc.
7. Special majority in Parliament in both Houses separately: as per article 368
i) Amendment to the Constitution requires two different kinds of special majorities:
ii) in the first place, those voting in favour of the amendment bill should constitute at least half of the total strength of that House.
iii) Secondly, the supporters of the amendment bill must also constitute two-thirds of those who actually take part in voting.
iv) Both Houses of the Parliament must pass the amendment bill separately in this same manner
v) There is no provision of joint seating for constitutional amendment.
vi) For every amendment bill, this special majority is required.
vii)Both the Houses must pass the amendment bill (by special majority) separately.
8. Special majority + ratification by Legislatures of half the states: Article 368
i)For some articles of the Constitution, special majority is not sufficient ,
ii)Ratification by half of the state legislature is also required consent of only half the States is required and simple majority of the State legislature is sufficient.
iii) When an amendment aims to modify federal matter, it is necessary that the States must be consulted and that they give their consent.
9. Note that all amendments to the Constitution are initiated only in the Parliament.
Some important Constitutional Amendments
| Amendment | Subject |
| 15th | Retirement age of High court judge was increased from 60 to 62 year |
| 61th | Voting Age was reduced from 21 to 18 |
| 73rd | Constitutional status to Panchayati raj Institutions |
| 74th | Constitutional status to Urban Locab Bodies |
| 52nd | 10th schedule was added to deal with Anti Defection |
| 86th | Make education a fundamental right (Article 21A) for 6-14 year children. |
BASIC STRUCTURE AND EVOLUTION OF THE CONSTITUTION
1. Supreme Court in Kesavananda Bharati case 1973 outlined the basic structure doctrine.
2. It has set specific limits to Parliament’s power to amend the Constitution.
3. It says that no amendment can violate the basic structure of the Constitution.
4.It allows Parliament to amend any and all parts of the Constitution (within this limitation)
5.It places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure.
Judiciary and its interpretation have practically amended the Constitution without a formal amendment. In the year 2000 a commission to review the working of the Constitution was appointed under the chairmanship of Justice Venkatachaliah .
