Detailed, Step-by-Step NCERT Solutions for 11 Political Science Chapter 4 Constitution as a Living Document Questions and Answers were solved by Expert Teachers as per NCERT (CBSE) Book guidelines covering each topic in chapter to ensure complete preparation.
Constitution as a Living Document NCERT Solutions for Class 11 Political Science Chapter 9
Constitution as a Living Document Questions and Answers Class 11 Political Science Chapter 9
Question 1.
Choose the correct statement from the following:-
A Constitution needs to be amended from time to time because
a. circumstance change and require suitable charges in the constitution.
b. a document written at one point of time becomes outdated after some time.
c. every generation should have a constitution of its own liking.
d. it must reflect the philosophy of the existing government.
Answer:
(a) Circumstance change and require suitable charges in the constitution.
Question 2.
Write True/False against the following statements :
a. The President cannot send back an amendment bill for re-consider-1 atom of the President.
b. Elected representatives alone have the power to amend the constitution
c. The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.
d. The Parliament can amend any section of the constitution
Answer:
(a) True
(b) True
(c ) True
(d) False
Question 3.
Which of the following are involved in the amendment of the Indian constitution? In what way are they involved?
Followings are involved in the amendment of the Constitution
1. President of India
2. State legislative
3. Parliament.
In the amendment of the constitution basically. Parliament, state legislature and President of India are involved.
The amendment process is initiated in the Parliament when a constitutional amendment bill is introduced in the either house and when it is passed in that house, it is sent to the next house.
When it is passed by Parliament’s . both houses with required majority then it is sent to the President of India for his assent. If the amendment affects the states, then it is required to be ratified by the assemblies of 50% states.
Question 4.
You have read in this chapter that the 42nd amendment was one of the most controversial amendments so fan Which of the following were the reasons for his controversy?
a. It was made during national emergency, and the declaration of that emergency was it self controversial
h It was made without the support of special majority.
c. It was made without the ratification by state legislature.
d It contained provisions, which were controversial.
Answer:
42nd Constitutional amendment was most controversial following were the reasons for this controversy:
(a) It was made during national emergency and. the declaration of that emergency was itself controversial.
(b) It was made without the support of special majority
(c) It was made without ratification by state legislatures.
(d) It contained provisions, which were most controversial.
Question 5.
Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments.
(a) Different interpretations of the Constitution are possible.
(b) In a democracy, debates, and differences are natural.
(c) Constitution has given higher importance to certain rules and principles and also allowed for amendment by special majority.
(d) Legislature cannot be trusted to protect the rights of the citizens.
(e) Judiciary can only decide the constitutionality of a particular law, cannot resolve political debates about its need.
Answer:
(d) Legislature cannot be trusted to protect the rights of the citizens.
Question 6.
Identify the correct statements about the theory of basic structure. Correct the incorrect statements.
(a) Constitutions specifies the basic tenets.
(b) Legislature can amend all parts of the Constitution except the basic structure.
(c) Judiciary has defined, which aspects of the Constitution can be termed as the basic structure and which cannot
(d) The theory found its first expression is the Kesavananda Bharati case and has been discussed/ in subsequent judgements.
(e) This theory has increased the power of judiciary and has come to be accepted by different political parties and the government.
Answer:
All the above statements are correct.
Question 7.
From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw.
a. Judiciary did not interfere in the amendments, made during this period,
b. Our political party had a strong majority during this period.
c. There was strong pressure from the public in favour of certain amendments.
d. There were no real differences among the parties during this time.
e. The amendments were of non-controversial nature and parties had an agreement on the subject of amendments.
Answer:
We. draw the following conclusions from the information we get about the amendments between 2000-2003 (9.) Judiciary did not interfere in the amendments made during this period. The amendments were of non-controvenial nature and parties had an agreement on the subject of amendments.
Question 8.
Explain the reason for requiring special majority for amending the Constitution.
Answer:
Amendment to the Constitution requires two different kinds of special majorities. In the first place, those voting in favour of the amendment bill should constitute at least half of the total strength of that house. Secondly ’ the supporters of the amendment bill must also constitute two third of votes.
Who actually take part in the voting. Both the houses must pass the amendment bill separately in the manner. First significant reason of this requirement is that if only 300 members-are present in the house of 545, it will require the support of 273 members and otherwise also it will require the support of 273 members. It will ensure sufficient consensus over the proposed amendment bilk The basic principle behind the amending proceeding is that it should be based on broad support among the political parties and Parliamentarians.
Question 9.
Many amendments to the Constitution of India have been made due to different interpretation upheld by the judiciary and the Parliament-explain with examples.
Answer:
It is true that a number of amendments are a product of different interpretations of the Constitution by foe judiciary and the government of the day. Whenever the Parliament did not relish the decision of the judiciary on a particular issue, it resorts to amendment of the Constitution to overcome that ruling of the judiciary.
In the period of 1970 to 1975 it happend frequently and Parliament made amendments repeatdly to overcome the adverse inter pretations by the judiciary. It tiappend also in the context of that period. For example in 1967, in Golakhnath case, Supreme Court reversed its earliar decisions on the power of Parliament to amend the Fundamental rights and ruled that Parliament cannot amend the Fundamental Rights.
To overcome this ruling of Judiciary, Parliament passed 38th and 39th and 40th amendment of the constitutional which were later on challenged in Keshwananda Bharti case in’ 1973 in which the concept, of Basic strudice theory orginated. In this case it was ruled by the Supreme court that Parliament can amend any part of the Constitution but cannot change the basic structure of the constitution. Similarly to over come the ruling of Judiciary in Shahbano Case Parliament amended the Constitution. ‘
Question 10.
If admending powers is with the elected repersetatives, judiciary should not have the power to decide the validity of amendments. Do you agree? Gvie reasons in 100 words.
Answer:
The power of the constitutional amendment is with the Parliament which is constituted by the elected representatives of the people. It is thought that these selected representatives would be better judge of the need to change the Constitution as per demand of the circumstances.
But they certainly need a check of judiciary so that they would not misuse and misinterpret their power. Constitution makers have given their power to the judiciary in the name of the power of judicial review. Had the judiciary been not given this power the elected repersentative$ would have amended this Constitution more than 200 times enstructing the entire Constitution with the power of Judicial review.
The judiciary test the Constitutional validity of such amendment. The thought that it had the power and responsibility to make laws for furtherning the welfare of the poor, backward and the needy. Judiciary insists that all these amendments and changes have to take place within the framework of the Constitution and pro-people measures (populist measures) should not by pass legal procedures.
You can not make laws even with good intentions by passing the legal procedure because that, can give an excuse to the power holders to use their power arbitrarily. The democracy is as much about checks on arbitrary use of power as it is about the well being of the people. It is the main responsibilty and power of judiciary.
The decisison of the judiciary in Keshwa Nand case 1973 emphasises this point by making spirit of the Constitution more important than letters of the constitution. It is because of this that judiciary should have the power to test the validity of the constitution.