Constitution a living document
️ Constitution :-
The constitution is a reflection of the wishes and aspirations of the society. It is a written document prepared by the representatives of the society. The constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
The Constitution of India was adopted on 26 November 1949 and its implementation started on 26 January 1950.
Since 1950, the country has continued to function under the same Constitutional framework that operates in the country.
The basic structure of our constitution cannot be changed and it has been made according to the suitability of the country.
️ Vibrancy in the Constitution :-
It is variable.
It is not permanent or immovable.
Its provisions are modified as per the need of the time.
The political thinking behind the amendments is not the main but the need of the hour.
A living constitution refers to amendments made without changing the basic structure of the constitution, which have resulted in judicial interpretation.
As a 'living constitution', it responds to experiences that arise from time to time in different situations.
For example, the Supreme Court in the matter of reservation, which cannot exceed 50% of the total seats in jobs and educational institutions.
️ Flexible Constitution :-
In which amendment is easily done in the same way as law is made for example - changing the names of states, changing their boundaries etc. Can be changed by a simple majority of the members present by both the Houses of Parliament.
️ Rigorous Constitution :-
Some Articles of the Constitution require a two-thirds majority of both the Houses of Parliament to change and some require a majority as well as the support of the amendment by the Legislature of at least half of the States.
️ Amendment to the constitution :-
The process of amendment starts only with the Parliament.
The process of amendment is in Article 368.
Amendments do not mean that the basic structure of the Constitution should be changed.
The Indian Constitution is a mixture of flexibility and rigidity in the matter of amendments.
About 100 amendments to the constitution so far
In the case of Constitution Amendment Bill, the President does not have the right to send it for reconsideration.
️ Ways to amend the Constitution :-
Modification Methods : -
On the basis of simple majority in the Parliament.
Proposal to amend the constitution on the basis of separate special majority in both the houses of the Parliament.
Amendment by special majority and support of half the states
Provisions on the basis of simple majority in Parliament :-
Creation of new states
Change in the boundaries and names of the states
Creation or abolition of Upper House (Legislative Council) in the states
Acquisition and termination of citizenship
Enhancing the jurisdiction of the Supreme Court
️ Provision for amendment by special majority and support of half the states :-
Method of election of the President
Distribution of legislative powers between the center and the states
Representation of States in Parliament
Difference between simple majority and special majority :-
The number of members voting by simple majority is 50% +1.
Special Majority - 2/3 majority of the total members of the House.
️ Article 368 :-
Article 368 states that Parliament may, through its constitutional amendment, implement its parliamentary power amendment, repeal any provision of this constitution in accordance with the procedure laid down in this article.
Some changes given by constitutional amendments in the constitution :-
1951: - Amendment of the right to property, the ninth schedule was added to the constitution.
1969: - Supreme Court's decision that Parliament cannot amend the Constitution so that fundamental rights are violated.
1989 :- 61st Amendment - Voting age reduced from 21 years to 18 years
73rd, 74th Amendment :- Local self-government
93rd Amendment :- (2005) Seats reserved for backward classes in higher education institutions.
42nd Amendment :- ( 1976 ) Addition of the words secular and socialist in the Preamble.
52nd Amendment :- (1985) Prohibition on defection.
️ Amendment to the constitution :-
Our constitution was made after the Second World War, it was working smoothly in the conditions of that time, but when the situation changed, amendments were made to maintain the constitution as a lifesaving instrument.
So many (about 100) more amendments were made in our constitution to run the democracy smoothly as per the need of the time.
️ Division of amendments made in the constitution :-
The division of the amendments made in the constitution into three categories :-
Administrative amendments
Related to the interpretation of the constitution
Amendments resulting from political consensus
️ Controversial amendment :-
Amendments which cause controversy. Amendments 38th, 39th 42nd are considered controversial. These emergency amendments fall in this category. Opposition MPs were in jails and the government had got unlimited powers.
The principle of the basic structure of the constitution :-
This principle was given by the Supreme Court in the Kesavananda Bharati case in 1973. This decision contributed the following in the development of the constitution:-
Limitation of powers to amend the constitution was fixed.
It allows amendment of various parts of the constitution but within limits.
The decision of the judiciary in respect of any amendment that violates the basic structure of the Constitution shall be final.
️ Constitution a living document :-
Constitution is a dynamic document.
The existence of the Indian Constitution is for 67 years, meanwhile it has gone through many tensions.
Even after so many changes in India, this constitution is working in harmony according to its dynamics and changing circumstances.
The Constitution of India stands true to the new challenges by being adaptable to the changing circumstances, this is the proof of its vitality.
