Constitution As A Living Document: NCERT Solutions for Class 11 Chapter 9 Political science

Constitution As A Living Document: NCERT Solutions for Class 11 Chapter 9 Political science
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Are you curious about why the constitution is often described as a living document? Whether you're a student in Class 11 Political Science or a parent helping with homework, we've got all the answers for you. We provide in-depth coverage on the topic of "Constitution as a Living Document" in our Class 11 notes PDF. These notes are specially designed to make complex ideas simple and relatable. Want to know more? We have a detailed question and answer section on the constitution as a living document Class 11 question answer, perfect for revising before an exam or class discussion. Our resources go hand-in-hand with Class 11 Chapter 9 in Political Science, ensuring that you are studying material that is both relevant and up-to-date. Wondering why the constitution is called a living document? We explain this in easy-to-understand terms, making it clear why the constitution adapts and evolves over time. In addition to all this, we offer extra questions for practice, ensuring that you master the concept of the constitution as a living document. So why wait? Dive into our comprehensive and user-friendly resources and make learning about the constitution as a living document an engaging and fruitful experience.

Q1. Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary

and the Parliament. Explain with examples.

Ans: Certain amendments to the Constitution have been made as a result of the different interpretations upheld by the

Judiciary and the Parliament. The most prominent among them was related to the basic structure of the Constitution. It

led to the 42 amendment to the Constitution that took place during the period of emergency. Prior to this, in its

judgment in the Kesavananda Bharati case in 1973, the Supreme Court had upheld certain features of the Constitution

to be fundamental in nature and making up the basic structure of the Constitution. It also placed the judiciary as the

final authority in interpreting the Constitution and its basic structure and prohibited the legislature from passing any

amendments that were contrary to this. Thus, the judiciary was concerned more about the spirit of the Constitution.

The 42 amendment in 1976 reduced the power of the judiciary and sought to restore the legislature to a pre-eminent

position. It made changes in the preamble, the seventh schedule and 53 articles of the Constitution.

Q2. Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?

1. Voters.

2. President of India.

3. State Legislatures.

4. Parliament.

5. Governors.

6. Judiciary.

Ans: 2. President of India.

She/ he has to give assent to the amendment bill to make it an amendment.

3. State Legislatures.

Half of the state legislature has to vote in favour of the amendment bill along with a special majority in the parliament.

4. Parliament.

Parliament has to include an amendment, which would underlay one particular interpretation as the authentic

one whenever there is a clash between the judiciary and the government over different interpretations of

amendment bill.

In both the houses of the Parliament, the amendment bill will be passed only if half of the total strength of both

the houses is separately in the favour of the amendment bill. The supporters of the amendment bill must

constitute two-third of the voters in both the houses separately.

6. Judiciary.

The judiciary has interpreted various provisions that concern right to education, right to life etc. to an informal

amendment. It helps in the matter by balancing the spirit and letter of the Constitution.

Q3. If amending power is with the elected representatives, judiciary should NOT have the power to decide the validity of

amendments. Do you agree? Give your reasons in 100 words.

Ans: I do not agree with the statement that the judiciary should not have the power to decide the validity of amendments.

The judiciary is authorised to interpret the Constitution. Judiciary as an institution is involved in actively interpreting the

provisions of the Constitution while pronouncing its judgments. It is more acquainted with the fundamentals of the

Constitution than any other body. This power of judiciary checks the inappropriate and arbitrary use of the

amendments by any political party that is in the power and also defends the fundamental rights of the people.

Q4. Explain the reason for requiring special majority for amending the Constitution.

Ans: Special majority is required for amending the Constitution to make the process of amendment difficult. This is done to

ensure that political parties do not pass amendments arbitrarily and any proposed amendment has the support of more

than half the number of members of the actual strength of the house and not simply those that are present in the

house. Special majority is inclined towards building a broad support among parliamentarians on issues of amendment.

Q5. Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over

different amendments?

1. Different interpretations of the Constitution are possible.

2. In a democracy, debates and differences are natural.

3. Constitution has given higher importance to certain rules and principles and also allowed for amendment by special

majority.

4. Legislature cannot be entrusted to protect the rights of the citizens.

5. Judiciary can only decide the constitutionality of a particular law; cannot resolve political debates about its need.

Ans: 4. Legislature cannot be entrusted to protect the rights of the citizens.

Explanation:

Legislature cannot be entrusted to protect the rights of the citizens because issues of rights are resolved by the

constitution under the Right to constitutional remedies.

Q6. Write True/ False against the following statements.

The President cannot send back an amendment bill for reconsideration of the Parliament.

Ans: True.

Explanation:

As per Article 368 (2) President shall assent the constitutional amendment bills without power to withhold the bills.

Q7. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

Constitution specifies the basic tenets.

Ans: Incorrect.

Explanation:

The Constitution does not specify the basic tenets as it does not mention anywhere about the basic structure. This

theory is given by the judiciary of India that looks into the spirit rather than the letter.

Q8. Write True/ False against the following statements.

Elected representatives alone have the power to amend the Constitution.

Ans: True.

Explanation:

There are different ways of amending the Constitution.

Q9. From the information that many amendments were made during 2000-2003, which of the following conclusions would

you draw?

1. Judiciary did not interfere in the amendments made during this period.

2. One political party had a strong majority during this period.

3. There was strong pressure from the pubic in favour of certain amendments.

4. There were no real differences among the parties during this time.

5. The amendments were of a non-controversial nature and parties had an agreement on the subject of amendments.

Ans: 5. The amendments were of a non-controversial nature and parties had an agreement on the subject of amendments.

Q10. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.

Ans: Incorrect.

Explanation:

The judiciary has not explicitly defined the basic structure of the Indian Constitution. However, it has given various

interpretations from time to time in its judgments.

Q11. Choose the correct statement from the following.

A constitution needs to be amended from time to time because,

Circumstances change and require suitable changes in the constitution.

A document written at one point of time becomes outdated after some time.

Every generation should have a constitution of its own liking.

It must reflect the philosophy of the existing government.

Ans: A constitution needs to be amended from time to time because circumstances change and require suitable changes in

the constitution.

Q12. Write True/ False against the following statements

The Parliament can amend any section of the Constitution.

Ans: False.

Explanation:

There are different ways of amending the Constitution.

Q13. You have read in this chapter that the 42 and amendment was one of the most controversial amendments so far.

Which of the following were the reasons for this controversy?

1. It was made during national emergency, and the declaration of that emergency was itself controversial.

2. It was made without the support of special majority.

3. It was made without ratification by State legislatures.

4. It contained provisions, which were controversial.

Ans: 1. It was made during national emergency, and the declaration of that emergency was itself controversial.

4. It contained provisions, which were controversial.

Q14. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

Legislature can amend all parts of the Constitution except the basic structure.

Ans: Correct.

Q15. Write True/ False against the following statements

The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by

interpreting it differently.

Ans: True.

Explanation:

There are different ways of amending the Constitution.

Q16. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the

government.

Ans: Correct.

Q17. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.

Ans: Correct.


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