/ Class 11 Polity Notes, NCERT Notes / By

Class 11 Polity Chapter 9: Constitution as a Living Document Notes

The Indian Constitution is a dynamic document that evolves over time. This chapter discusses how amendments modify the Constitution, landmark cases that shaped constitutional interpretation, and how democratic institutions adapt to social and political changes.



Introduction: Why is the Constitution a Living Document?

  • A “Living Document” means that the Constitution evolves over time to meet new social, economic, and political challenges.
  • The Indian Constitution is flexible enough to allow amendments while maintaining its core principles.
  • The Supreme Court plays a key role in interpreting the Constitution and ensuring it adapts to modern needs.

How Does the Constitution Evolve?
  • Through Amendments (Article 368).
  • Through Judicial Interpretation (Supreme Court rulings).
  • Through Changes in Political Practices.


Amendments to the Constitution


What is an Amendment?
  • An amendment is a formal change to the Constitution to address new challenges or correct past errors.
  • Example: The 42nd Amendment (1976) added the words “Socialist” and “Secular” to the Preamble.

Types of Constitutional Amendments (Article 368)
Type of Amendment Approval Needed Examples
Simple Majority Passed by a simple majority in Parliament. Creation of new states, citizenship rules.
Special Majority Two-thirds majority in both Houses of Parliament. Changes in Fundamental Rights.
Special Majority + State Approval Two-thirds majority + Approval of half the states. Changing federal structure (e.g., GST Amendment).


Important Amendments in Indian History

Amendment Year Key Changes
First Amendment 1951 Added restrictions on Freedom of Speech, protected land reform laws.
Seventh Amendment 1956 Reorganized states on a linguistic basis.
Twenty-Fourth Amendment 1971 Gave Parliament the power to amend Fundamental Rights.
Forty-Second Amendment 1976 Called the “Mini-Constitution,” added Socialist, Secular to the Preamble, reduced Judicial Review powers.
Forty-Fourth Amendment 1978 Restored Fundamental Rights and Judicial Review after the Emergency.
Seventy-Third & Seventy-Fourth Amendments 1992 Strengthened Panchayati Raj and Urban Local Bodies.
One Hundred and First Amendment 2016 Introduced Goods and Services Tax (GST).


Basic Structure Doctrine: Limits on Amendments


What is the Basic Structure Doctrine?
  • Parliament cannot change the “basic structure” of the Constitution.
  • Introduced in the Kesavananda Bharati Case (1973).
  • Ensures that core democratic principles remain unchanged.

Elements of the Basic Structure
  • Supremacy of the Constitution.
  • Democracy and Rule of Law.
  • Judicial Review.
  • Federalism.
  • Secularism.


Role of Judiciary in Constitutional Interpretation


Why is Interpretation Necessary?
  • The Constitution does not provide solutions for all modern problems.
  • The Supreme Court interprets the Constitution to fill gaps in the law.

Important Cases and Judicial Interpretations
Case Year Judgment
Kesavananda Bharati Case 1973 Introduced Basic Structure Doctrine.
Maneka Gandhi Case 1978 Expanded Right to Life (Article 21) to include personal liberty.
Indira Sawhney Case 1992 Allowed OBC reservations in government jobs.
Vishaka Case 1997 Established guidelines for sexual harassment prevention.
Navtej Singh Johar Case 2018 Decriminalized homosexuality (Section 377).


Social and Political Changes Influencing the Constitution


Political Changes
  • Multi-party system led to coalition governments (1990s).
  • Regional parties gained more power, influencing federalism.

Social Movements
  • Women’s Rights Movements led to reservations for women in Panchayats.
  • Dalit and Adivasi Movements led to stronger affirmative action policies.

Globalization and Economic Reforms
  • 1991 Economic Liberalization changed policies on trade and economy.
  • Introduction of GST simplified taxation across India.



Challenges to the Constitution as a Living Document

Challenge Explanation
Frequent Amendments Risk of overuse leading to instability.
Judicial Activism vs. Judicial Overreach Courts sometimes take over the role of lawmakers.
Political Influence Governments may try to weaken constitutional checks and balances.
Conflict Between Fundamental Rights and Directive Principles Example: Right to Property removed as a Fundamental Right.


Conclusion

  • The Indian Constitution is a “Living Document” because it evolves through amendments and judicial interpretations.
  • Amendments (Article 368) allow changes, but the Basic Structure Doctrine protects core principles.
  • The Judiciary ensures the Constitution remains relevant through landmark judgments.
  • Social, political, and economic changes influence constitutional developments.
  • Challenges like over-amendment, political influence, and judicial overreach must be addressed to maintain constitutional integrity.
Scroll to Top