Tans The Philosophy and the Making of the Constitution and Constitutional Amendments What does a Constitution Mean? Necessity of the Constitution Authority or Source of the Constitution: Who Drafted the Constitution? Making of the Constitution The Objectives Resolution » Philosophy of the Constitution » Constitutional Amendments » How to amend the Constitution of India? » Amendments in India’s Constitution >» Amendments that aroused Great Controversy » The 99th Amendment Act » Citizenship Amendment Act, 2019 > Basic Structure and Evolution of the Constitution » Constitution as a Living Document i > > i > ABOUT THIS CHAPTER Every human being, man or woman, the aged or the child, is found to be living and working with other fellow beings. This living together raises many problems. Why? Because there are found to be many kinds of differences and dissimilarities between human beings. They may belong to different religious faiths. Their professions and occupations vary. And there are differences of opinions among them relating to the sphere of State activity. All these problems may bring about conflict and collisions among them. No sane person wants collision with other fellow beings. But if there is no rule as to how we should deal with each other, there would arise unpleasant situations many times in a day. Rules tell you what you are allowed to do and what you cannot do in a particular place or situation. Here the emphasis is on ‘Rules’ to create an orderly, just and civilised society. WHAT DOES A CONSTITUTION MEAN? The Constitution is that body of rules and laws according to which a state is governed. In brief then, a Constitution (a) defines and determines the rules to create an orderlysociety, (b)it determines the form of cae an ug Powers to be exercige, various organs of the government—the isa wre the exceutive and the judi decides the limitations on these powers, a i =e ea the basic obj society, and (¢) it makes clear the rights of citizenship, by the ry, (cit 's and ideals of 4 NECESSITY OF THE CONSTITUTION We really needed a detailed account of each of the above points, 1. A set of Rules to create an orderly society: The rules that we framed should be just and reasonable. If the rules, for instance, debar some groups of people from The Philosophy a "Phy and the Making ofthe Constitution and Constitutional Amendment The Congress hi 2 me —— aa overs helming Majority in the Constituent Assembly. Howeve ee de and members of Hindu Mahasabha and Muslim represented in the Ascent nas hardly any shade of public opinion not nee “although indirectly elected... the Constituent " ; India, It was intended to be the Mier pie ae “erties Nine Deliberations of the Constituent Assembly ieee Peet siting on December 9, 1946. Dr. Sachchidananda Sinha, the Was elected Interim President of the A: 1 e 11, 1946, Dr. Rajendra Prasad was elected its permanent Prides On beens , Although the Constituent Assembly had begun its deliberations in December 1946 they gathered momentum only after India attained Independence in August 1947. There were genuine differences of opinion among members on many issue: should have a centralised parliamentary mG Constitution? Should the right to prop. There India constitution or a Panchayat-based Gandhian erty be made a Fundamental Right or not? Thou; the right to property was made a Fundamental Right, the Constitution also a for the acquisition of private property for general welfare. Some members had their doubts about the success of “Adult Suffrage” in India. Yet the principle of universal adult suffrage was chosen without an intensive debate. The Constituent Assembly took nearly three years to finally enact and adopt the constitution. Nearly 250 members participated in the debates of the Assembly, over 200 of them frequently. This shows that the Assembly did its job with great deliberations. Procedures Followed in Enacting the Constitution The Constituent Assembly had eight major Committees to examine the various issues in depth. The Committees were known as the Rules Committee, the Steering Committee, the Advisory Committee, the Drafting Committee, the Union Subjects Committee, the Union Constitution Committee, the Provincial Constitution Committee and the States Committee. Each Committee was chaired by either Nehru or Patel or Rajendra Prasad or Maulana Azad. The Drafting Committee had B.R. Ambedkar as its Chairman. 1. The Drafting Committee: Naturally, of the major Committees, the most important was the Drafting Committee. Educated at Bombay (Mumbai) and Columbia University, New York, Dr. Ambedkar was a very gifted person. As Law Minister in Nehru’s first Cabinet, he was responsible for drafting and piloting India’s present Constitution. 2. Date of Enactment and Adoption of the Constitution: The Draft Constitution, as prepared by the Drafting Committee, was published on 26th February, 1948. There were hundreds of communications addressed to the Assembly Secretariat, Public bodies and private individuals, lawyers and judges made their views known to the Constituent Assembly.The Drafting Committet The Constitution was enacted and a Assembly on 26 November, 1949: indeed, if 1 may say 30, if tings go wrong under the New Caanecration, the reason wll nt be that we hada bad Constitution, to say is that Man twas vile”. —B.R. Ambedkar e then revised the Draft Constitution. dopted by the Constituent what we will 3. Date of Commencement of the Constitution (Importance of January 26 in India’s Struggle for Freedom): The Constitution January, 1950. On that day began Dr. came into force on 26 Rajendra Prasad! first term as President of the Indian Union. The Constituent Assembly provisions of the new Constitution It is to be noted that Ji Suwaraj. The Congress Se declaring Purna Swaraj that 26th of Ji The Complete Independence Day Er Ambeth, airman of th Drafting Committe became the Parliament of India under the transition al january 26 had a great significance in India’ .ssion at Lahore on December 29, 1929 had ce (Complete Independence) as India’s goal. It was also decided january should be observed all over India as the Purna Swaraj = ‘as for the first time celebrated on January 4 1930, It continued to be so observed ever since. It was, therefore, in the fitness of things that | of the new Constitution. This date is celebrated in India as the Republic Day, Dr. Rajendra Prasad Signs the Jawaharlal Nehru’s Speech in the Indian Constituent Constitution of India Assembly, August 14, 1947 At the stroke of the ni eps India wil ‘moment comes, which come night hour, w A isa lifeles ill awake to when the soul of a nation, | a | Je the world ‘After all, a Constitution like a machine hing. It acquires life because i : of the men who control it and operate vane uppressed, finds it, and India needs today nothing more —Jawaharlal Nehru than a set of honest men who will have the interest of the country before them.” —Dr. Rajendra Prasad anuary 26 should have been selected as the Date of Commencem lentAnd the Makin Making of the Constitution and ‘onstitutional Amendments | 49 | THE OBJECTIVES R ‘the Preamble to the Constitution h 9, 1946 Jawaharlal Nehru moved 2 Objectives Resolution. The openiny eembly declares its firm acer pees ofthe Resolutic sovereign Republic and to draw up for tore major points of the Objectives Re, ESOLUTION an interesting historical b, 4 resolution in the Coy as ackground, On December uent Assembly, known as on reads: “The Constituent {0 proclaim India as an Independent her future overnance a itution.” The solution are a Constitution.” The 4, It talks about the nature of Indian, Republic. as follows: Polity, ic. India is an Independent Sovereign It talks about the basic Objects or Ideals of the Indian Republic, which are Justice, Equality and a few Fundamental Freedoms, such ee ; has freedom of speech, expression, faith and worship. 3. Itis also concerned with safeguarding the Interests of the Minorities and Depressed and Other Backward Classes. 4. The Objectives Resolution speaks of our Willingness vs to promote “World Peace and Welfare of Mankind”. ‘¢ a The famous Objectives Resolution was examined by the Drafting Committee. It made certain verbal | changes in it. The Preamble to the Constitution é retains the spirit and as far as possible the language P 7 7 Sardar Patel in Consultation of the Objectives Resolution voith Abul Kalam Azad PHILOSOPHY OF THE CONSTITUTION The Constitution of a country is the highest legal-political document for its governance. But a significant thing about a Constitution is that it is not a legal-political document alone. It also defines the relationship between the ‘State’ and the ‘Individual’. It also throws light on the system that has been adopted to bring about socio-economic transformation of the country. In other words, besides being a legal document, a Constitution has also a philosophy of its own. It contains a set of ideas that the framers of our Constitution had about how people should live. It tells you about their Vision of New India. Such a vision is contained in culture, traditions and aspirations of the people. In India this vision developed in the course of our struggle for freedom. For example, why did the Constitution provide that Untouchability would be abolished. Why ai the Constitution say that there shall be no “begar” or forced labour in the country? Such provisions are related to the liberal-democratic ideas, i., the view that all sections of society should live a liberated, creative and active life.Indian Constitution at Work-XT of the Constitution is concerned with a Visi Good and the Dignity of the Individual,” In brief, the philosophy summed up as “Common it “Growth with Justice: Beliefs and Ideals of the Makers of the Constitution When we talk about the philosophy of India’s Constitution, we are oe beliefs of the makers of the Constitution and the objectives they were trying t by means of this Constitution. First, the Constitution defines the relation between the ‘State’ and the ‘Indivi var Therefore, it attempts to clarify rights of the people as well as the limits Ws ee ion which can We may also ea With the © achieve freedoms Second, the Constitution brings ‘Stability’ and ‘Order’ to the actions of government, With respect to stability, the democratic process (free and fair elections, etc) become very significant. Democracy guarantees political stability by bringing the decisions the government into line with demands and aspirations of the people. Third, with Stability is connected the concept of Justice. No unjust system can make people happy. And with unhappy people, you can never have stability of the government. Fourth, to understand such ideas as Justice, Liberty and Equality, we have to refer to Constituent Assembly debates. POLITICAL PHILOSOPHY OF OUR CONSTITUTION? The Indian Constitution has a Preamble, which presents a Vision of the New India. Put briefly, the philosophy of the Constitution is to build a Secular Democratic Republic that promises to its citizens Justice, Liberty and Equality. Further, the Constitution promotes Fraternity and assures the Dignity of the Individual and Integrity of the Nation Democratic Character of the State The Constitution proclaims that “Sovereign Power” resides in the people. Democracy implied choice of rulers at regular intervals. Seventeen General Elections have been held under the New Constitution. Every adult citizen of sound mind, and not otherwise disqualified on grounds of crime or illegal practice, is entitled to be registered as a Voter in India. India is also a Republic. The Head of the Indian Republic is the President, who is elected for a term of 5 years. Universal Adult Franchise Our British rulers had also introduced an elective element in Central and Provincial Legislatures in India. But until the coming into force of the New Constitution, the right‘The Philosophy and the Making of the C tution and Constitu al Amendments to vote was based on high property qualification. Under tre Government of India Act, 1919 the total number of totes for the Council of State (the upper House of the Central Legislature) was 17,000 and for the Legislative assembly (the lower House) about 90,000 in the whole country. The Motilal Nehru Report, 1928, conceived of a Parliament consisting of two Houses-a Senate and a House of Representatives. It recommended that “every erson who had attained the age of 21 should be entitled to vote for the House of Representatives.” Most of the Nehru Committee’s recommendations formed the basis of the Constitution of Independent India introduction of the principle of Adult Franchise in India’s Constitution was a bold move. In 1989 the voting age was reduced from 21 to 18 years. Motilal Nehru Individual Freedom and Rights of the People Freedom is considered as the supreme political value in all liberal societies. Article 19 of the Constitution of India ensures freedom of speech and expression to Indian citizens. This freedom represents our long commitment to liberty and the Rule of Law. The Nehru Report, 1928, had cited the importance of Fundamental Rights. It was, therefore, natural that freedoms such as freedom of speech and expression, freedom to assemble and to form associations or unions were proclaimed as Fundamental Rights of the Citizens. Arbitrary arrest or detention is regarded as a great enemy of freedom. The Rowlatt Bills were introduced in the Central Legislature in February 1919. They armed the administration with unlimited powers to search and seize someone's property and to hold him in custody. Gandhi had decided to oppose the Rowlatt Bills. Liberal and democratic character of our Constitution is visible from the fact that it granted protection against unlawful detention to non-citizens also. Our Rights and Freedoms “Our rights are not independent of society but inherent in it. We have them for its protection, as well as for our own. Rights, therefore, are correlative with functions. I have them that | may make my contribution to the social end. I have no right to act unsocially. 1 have no claim: to receive without the attempt, at least, to pay for what I receive.” Harold Laski Social Justice: Affirmative Action to protect the Interests of SCs and STs and Weaker Sections of Society Side by side with the struggle for freedom, there grew in India the demand for social justice, ie., “affirmative action to correct past practices of disc ation against women,Ee tne .d sections of s advantage "He oe : Ce and omer “ Joth century thinkers aie whe oe Siva in the poor, in the weak soe eae poy, Ishwar Chandra he disensed, really worships Siog,’ like Rammohan_ Roy, ‘ a ewati had The good people live for others alone. id Dayanand Saraswat! Na wise man sh e hir pa Messe and Den oF We ae i oe taken up the ed religious bigotry, fora good 0 50 certain, itis better to dig women. They attacke Sd child good causi Vivekananda lity, superstitions Z untouchability, sup ed the social reform agenda of these thinkers, marriage. Jyotiba Phule enlarg' ralism had gone into the shaping of the Constitution of Indig w spirit of liber Our Constittion not only speaks of ‘Social Justice’, it also embraces the idea that “, Ftoral society is characterised by diversity and pluralism.” Affirmative action was neede4 to correct past unjust practices. The Scheduled Castes and Scheduled Tribes have been given due weightage in matters relating to employment in government offices o, a ertakings. Seats are reserved for them in the Lok Sabha and in State Legislatureg SCs and STs, the other classes eligible for reservation are the socially Iso. Apart from : ‘ and edu backward classes of citizens, i.e., the OBCs. and educationally Diversity and Pluralism: Respect for Minority Rights We shall now refer to another significant aspect of the philosophy of our Constitution, ie, respect for diversity and minority rights. India is a country of enormous size and diversities, Unlike France or Germany or Denmark India is a land of diverse racial, linguistic and religious communities. Here are to be found all the world religions and people of various communities. The Constitution is very much clear on the rights and privileges of the minority communities in India. The minorities have the right to establish and maintain institutions for religious and charitable purposes. The minorities have also the right to establish and administer educational institutions of their choice. In granting aid to institutions, the State shall not discriminate against any institution on the ground that it is under the management of a minority. Secularism The word ‘Secularism’ denotes “a system which believes that religion has no part '0 play in the problems and events of everyday life.” Such an explanation of ‘Secularism’ can be acceptable only to the Marxist 7 thinkers. So far as separation between the ‘State’ and ‘Religion’ is concerned, secularisation has been a powerful movement in France since the French Revolution. The USA has also been a i Secular State from the very beginning. | S2¢ial and cultural issues pertaining © Partition of India saw the creation of a ™inotities. The National Commission for Minorities (NCM) was first set up in 1978. In 1992 a new Commission was set up with statutory status. It became operative in 1993, The Commission looks into the‘The Philosoph Phy and the Making of the Constitution and Constitutional Amendments 413] redominantly Muslim Pakistan, But this could not « jn India. Our Constitution opens with a Republic, ” The Constitution allows e other Secular features of the Constitu 1, No religious instruction sh maintained by State funds, uppress the forces of Secularism ‘atement that India is a “Secular Democratic ‘qual freedom of faith and worship to all. A few ution are as follows: all be provided in any ¢ ducational institution wholly 2. Every religious sect has the right to own and acquire movable and immovable property, . 3, No taxes shall be levied, the procec ; Te cds of which are any particular religion. meant for the maintenance of How Our Understanding of Secularism was Different from Western Ideas of Secularism? Our understanding of Secularism was different from Western ideas of Secularism in three different ways. 1. State Intervention: Our Constitution does not s the ‘State’ and ‘Religion’. The State in India financial, political or other activities, speak of complete separation between is permitted “to regulate economic, cial, p act even though they are associated with religious practices.” Freedom of religion does not prevent the State from making any law for social reform or “the throwing open of Hindu religious institutions to all sections of Hindus.” In a famous case the Supreme Court held that the sacrifice of cows on the occasion of Bakrid was not an essential part of Muslim religion and the State could prohibit cow slaughter. 2. Rights of Religious and Linguistic Groups: The State may grant financial aid to educational institutions established by the religious communities. In granting such an aid the State shall not discriminate against any institution on the ground that it is under the management of a minority. 3. No Forcible Conversions: Propagation of religion means “the right to communicate beliefs to another person or to expound the principles of one’s religion.” According to a judgement of the Supreme Court, “this does not include a right to forcible conversions.” Federalism in India A Federal Government is one in which all powers of the government are divided by the Constitution between a Central Government and the governments of the various units, called ‘States’. But our Constitution has a strong central bias because of special Political conditions of India. The Constitution provides for a uniform governmental structure for the whole country. But certain regions, i.e., the States of Arunachal Pradesh, Manipur, Nagaland and Mizoram are governed by special provisions.YS The Truth is One ur country is one fll oF harmony flo brotherhood and this has been so fr thousang of years, “Freedom to follow any form of worship and equal respect to all forms of worship” has always een an article of faith with Indians from time immemoriar No > hy of life rooted in the Vedic sayi had been a projection of our philosophy h eae is one, sages call it by various names (“RPM pI ah”), th A Common National Identity: Unity in Diversity The factors that promote national integration and strengthen a common national identity are as follows: 1. Indian Federation is a dual polity with a Single Citizenship. Our Constitution provides a Single Uniform Citizenship for the whole of India. Every Indian is Citizen of India and has the same rights of citizenship, no matter in which State he resides. 2. The Indian Councils Act of 1909 had provided for separate representation of the Muslim community at the Centre as well as in Provincial Legislatures. The Government of India Act, 1919 extended this privilege to other communities also, such as the Sikhs, the Anglo-Indians and the Indian Christians. This scheme of Separate or Communal Electorates “poisoned the whole political atmosphere of The Effect of other Constitutions on the Constitution of India British Constitution Parliamentary Form of Government. The Rule of Law Law-Making Procedure The Office of the Speaker Constitution of the Principle of Judicial Review area states Independence of the Judiciary Vice-President is the Ex-officio Chairman of the Upper House of Parliament. American Bill of Rights. Irish Constitution Directive Principles of State Policy French Constitution Liberty, Equality and Fraternity was the key slogan of the fren Revolution. These ideals were included among the Rights of the declared by the French National Assembly soon after Revolution. i a an Constitution of Federal System (Distribution of Powers between the Union Canada States)‘The Philosoy . Hosophy and the Making ofthe Constitution and Constitutional Amendments country.” Th Sit ; ie e ane 7 of India, therefore, abolished Communal Electorates. ved for the SCs and STs in the Lok Sabha and in State Assemblies, there are Joint Ele G A z ‘ctorates for electing them. There is n Electoral Rol for each terrtenal eo ong them. There is now one General CONSTITUTIONAL AMENDMENTS No Constitution can have any claim to permanence. The situations and circumstances change. Therefore, the Constitution must be changed when the situation required it to be changed. The Constitution which fails to meet the requirements of a growing society is apt to be destroyed by the masses. The Constitution is, undoubtedly, a Fundamental Law of the Land, but that does not make it a document so sacred as can never be changed. Lord Macaulay once remarked that “the Sreat cause of Revolution is this: that while nations move onward, Constitutions stand still.” At the same time, a Constitution should not be allowed to become “a plaything of politicians.” That lowers its prestige. The argument that “every Generation should have a new Constitution” does not have much logic or cogency. The legislators cannot be allowed to twist Constitution simply because they have a majority in the Parliament Core Provisions of the Constitution are Basically Sound The Constitution of India came into force on 26 January, 1950. Between 1951 and January 2019 it had been amended as many as 103 times. Despite such a large number of amendments, the Constitution that we adopted in 1950 has been in existence for more than seven decades. There are several good reasons why the same Constitution continued working. 1. Core Provisions: Makers of the Constitution gave due consideration to both the factors—the factor of ‘Growth’ and that of ‘Permanence’. The philosophy and core provisions of the Constitution—the Fundamental Rights, concern for the SCs, STs and other disadvantaged groups, Secularism, Federalism and Democratic Institutions—are basically sound. . Sufficient Flexibility: Constitution though rigid, had sufficient flexibility to be amended when difficulties arose in achieving the objective of socio-economic change. 3. Political Maturity: Leaders of all parties conducted themselves with a maturity by supporting many measures ina wholehearted way, such as the Anti-Defection Act, 1985, and the 91st Amendment Act, 2003. This Act prescribed that the total number of Ministers shall not exceed 15 percent of the total number of members of the Lok Sabha or the State Legislative Assembly, as the case may be. 4, Judicial Verdicts: The Supreme Court has played a useful role in giving the Indian Constitution both stability and flexibility. It has won for the Court the confidence of the people. vBEY te contaon aw HOW TO AMEND THE CONSTITUTION OF INDIA? ‘The best type of Constitution is an admixture ofthe flexible and rigid elements, Ma of our Constitution knew that nothing could remain static in the world. To face problems and challenges, alterations in Constitution could not be ruled out, Moreover, some of the provisions could be full of errors, ambiguities and omissions Therefore, some easy procedure was needed to rectify such errors. At the same time, the Constitution of a Federal State should also possess a certain degree of rigidity. A Federation ween on the division of powers between. the Central Government and governments of federatin, units, that is to say, the States. Therefore, those provisions which bestowed Powers on States should not be altered unless both the Centre and State Governments consented ers, new to the change. nian Articles of the Constitution have been Jawaharlal Nehru said: “While we wan placed under three categories for the | this Constitution to be as solid and purposes of Amendment: permanent as we can make it, there is no permanence in Constitutions. There should be a certain flexibility, Ifyou make | tent rigid and permanent, you stop the nation’s growth....” (a) Articles amendable by Simple Majority in Parliament. (W) Articles which can be amended by a Special Majority. | (©) Articles which require a Special Majority as well as Ratification by the legislatures of not less than one-half of the States. Amendment by Simple Majority A Bill seeking to amend the following provisions of the Constitution can be enacted by Parliament by Simple Majority: (2) Admission or establishment of new States, (b) Formation of new States or alteration of areas, boundaries or names of existing States, (c) Creation or abolition of upper chambers (Legislative Councils) in States, and (a) Administration of Scheduled Areas or Tribal Areas in States. Nearly two dozen Articles of the Constitution fall under this category. A Bill seeking to amend these Provisions is not deemed to be a Constitution Amendment Bill under Article 368 of the eee —— Admission or Formation of New States “Parliament may by law admit into the Union, or establish, new States on such terms | and conditions as it thinks fit.” Article 2 | “Parliament may by law—{a) form a new State... (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State, (e) alter the name of any Stat Article 3 Thus some states were carved out to meet the demands for linguistic States, such Gujarat and Haryana, whereas a few other States were formed because that could caus the development of newly formed States, such as Uttarakhand, Jharkhand, Chhattisgat and Telangana,members of that House present and ‘The Philosophy and the Making of the Constin and Constitutional Amendments [PY Constitution. However, a : Constitation, Howe See IAIN for the alteration of areas or boundaries of existing St 'S ee erred by the President to concerned States for el ; views thereon. The Parliament is not bound to fal Stats have tthe matter accept the views that States have on this Amendment by Special Majority The second set of Articles can be amended by total membership of the House and a majo voting, a Special Majority, ic. a majority of the rity of not less than two-thirds of the An Illustration The Lok Sabha has 545 members. Therefore, an Amendment Bill has to be passed by atleast 279 members of that House. Now, let us suppose the total number of votes exc in that House was 450. In that case the Amendment Bill should be passed by atleast 300 votes. The Special Majority is required in both the Houses. t means that zn Amendment Bill cannot be passed if the ruling party or the ruling Alliance fails to muster the required support (Special Majority) in each House. Many Articles of the Constitution including those that deal with the Fundamental Rights and Directive Principles of State Policy, can be amended in this manner. This procedure is comparatively more rigid than the one which prescribes amendments by Simple Majority. Fundamental Rights, such as the Right to Equality, Right to Freedom and Right against Exploitation protect some vital liberties of the citizens and other individuals. The Directive Principles protect our socio-economic rights. Therefore, they should only be amended by Special Majority. To quote Dr. Ambedkar, “those who are dissatisfied with the Constitution have only to obtain a two-thirds majority and, if they cannot obtain even a two-thirds majority in the Parliament...their dissatisfaction with the Constitution cannot be deemed to be shared by the general public.” After being duly passed the Amendment Bill is presented to the President. The President is bound to give assent to it. He can neither withhold his assent nor may send the Bill for reconsideration of the Parliament. Amendment by Special Majority and Ratification by States ln a Federation certain provisions of the Constitution should be amendable only when both the Centre and States consented to such changes. We can see that certain matters are of vital importance if we want to have States living in harmony with the Centre. Therefore a Bill seeking to amend such vital provisions has to be passed by a Special Majority of both Houses of Parliament and has also to be ratified by legislatures of not less than one-half of the States. The following provisions fall under this category: (@) Manner of Election of the President (6) Executive power of the Union and the S(0) The Supreme Court and the High Courts ative Powers between the Union and the States (a) Distribution of Legisl sntation of States in Parliament (c) Represe rocedure for Amendment of the Constitution (f) Article 368 that deals with the P' AMENDMENTS IN INDIA’S CONSTITUTION jocument remained intact, the Constitution had been amendeg gh the original d Although the origi sa 103 times between 1951 and Janu: Why so Many Amendments? at the Amendments were effected because certain events or Situations We told you th : 5 now look into such situations. made it necessary to do so. Let 1, Amendments to meet Technical or Administrative Problems: Certain amendment vere made just to meet a few technical or administrative problems. For example the reservation of Seats of SCs and STs in Lok Sabha and State Assemblies was originally to survive for 10 years from the commencement of the Constitution, However, in view of the continuing economic and educational backwardness of these castes and tribals, the period had to be extended by another 10 years several times. This necessitated seven amendments so far. The Constitution has provisions with respect to the salaries of Judges of Supreme Court and High Courts. The Constitution also stipulated the age of retirement of judges of High Courts. Naturally, the salaries had to be revised to make them more appropriate. The 15th Amendment Act, 1963 increased the age of retirement of High Court judges from 60 to 62 years. These amendments were mainly of a technical nature, for purpose of meeting the exigencies of a situation. Consensus about a Few Amendments: We may now refer to those Amendments which were the result of a general agreement amongst members of Parliament Their history is a study of the aspirations of the ordinary people at that time. * Fifty-second Amendment Act (1985) provided that a Member of Parliament ot a State Legislature who defects from his party would be disqualified to remain a member of the House. * The Sixty-first Amendment (1989) reduced the voting age from 21 to 18 years * The 73rd and 74th Amendments (1993) had the effect of making Panchayats and Municipalities parts of the Constitution. Local bodies could now become lively institutions of self-governance. + The Ninety-first Amendment Act (2003) provided that the number of posts of Ministers should not exceed 15 percent of the number of Members of the Sabha or those of State Assembly, as the case may be. This Amendment sougt! to discourage defections. We know that defections are usually linked with us for power including Ministerial appointments. x‘The Philosophy Ny and the Making ofthe + The 93rd Amendment (2005) permits institutions. ° servations for OBCs in higher educational , Amendments caused b. 7 z Judiciary and the then en Interpretations of the Constitution by and the Government (the Prime Minister gf omens Many time the Parliament Minister and oth e Court’ . ister and other Ministers) did not agree with Supremé rt's interpretations of some of the Articles of the Constitution. Such differences could be seen especi pecially on matters relating t e i Fundamental Rights vis-a-vis Directive Principles, (b) the eae (c) Parliament's power to amend the Constitution. The very First Amendment Right to Property, and (1951) was related to the Ri : y ight to Property. It added a new Schedule (Ninth Schedule) to the Constitution. This Amertineat provided that the legislations pl. oe - me pce ak eee be called in question in z s y secure the Zamindari Abi Reforms Acts enacted by various States, ac nnnanmnanees In Golaknath case (1967) the Supreme Court had ruled that Parliament could not take away or abridge the Fundamental Rights, even through a Constitution Amendment Act. The Parliament asserted its right to amend all provisions of the Constitution. It, therefore, enacted the 24th Amendment Act in 1971. This Act removed all doubts regarding Parliament's power to amend any part of the Constitution including the Fundamental Rights. AMENDMENTS THAT AROUSED GREAT CONTROVERSY ‘A few Amendments made during Smt. Indira Gandhi’s regime aroused great controversy. Many writers have looked at them as “Acts of Opportunism.” The 38th Amendment (1975), for instance, made the declaration of Emergency by the President non-justiciable. In other words, it would not be called in question in any court of law. The 39th Amendment (1975) provided that disputes relating to the election of President, Vice-President, Prime Minister and Speaker were to be determined by such authority as would be determined by the Parliament. Thus this Amendment placed their elections beyond judicial scrutiny. It may be recalled that these Amendments were made soon after the Proclamation of Emergency in June 1975. The Opposition MPs were behind prison bars and the Government then wielded unlimited powers: 4and Amendment Act, 1976: Of all the amendments during the period of Internal Emergency, the Forty-second became the most controversial. Its main provisions were as follows: (i) The words ‘Socialist’ and (ii) The Directive Principles were treated as being more important than the Fundamental Rights. (iii) A new chapter ‘Secular’ were added to the Preamble of the Constitution. on ‘Fundamental Duties’ was added to the Constitution.FAY indian Constitution at Work XI _————— ished in the Hindustan Times on S, ing News Report published ‘eptemb, eae eee tabling of a Constitution Amendment Bill, which on receiving President’ ‘Assent became the 42nd Amendment Act. Bill introduced to amend statute Socialism, secularism spelled out Lok Sabha, Assemblies to have six-year terms Hindustan Times Correspondent NEW DELME, Sept. 1—The Constitution (Forty-fourth Amendment) Bill, which teeks to embody into the Constitution the Swaran Singh panel recommendations on ways to achieve the objective of socio-eonomie revolution, was introduced in the Lok Sabha toda ‘Ihe statement of objects and reasons in the Bill exp'ains that the Constitution is f proposed to be amended to “spell out expressly the high ideals of socialism, secu- larism and the integrity of the nation, to make the directive principles more compre- | hensive and give them precedence over those fundamental rights which have been allowed to be relied upon to frustrate sociveconomie reforms for implementing the directive principles ‘The Lok Sabha itself and all the State Assemblies are | Terr basic lronnerithave tts norma term eters fom ive t six years, duti wk Rae ere pe mate! Bnat | ULies of [seksi Ee sears Ae Ss cea [A eau He on oo se Saad Hits “rel itement end that “a Com | “Ble Gokbale emphasised that the A CITIZEN, Jester ee tts aat Ove] sce Cornea epanened mer me frovng df oe imecuseate | at ease fre ft toe NEW Det, set 1 Gooucnay [UE emo HE Comeanes | Camlatet ate re sage denen Sh Scare Sas] geet a So ad ai ate he cen | aga any Se | Southey al oer ane hy oo ein Hictilen “whieh ‘have eicen “In lon that ation sy ey Consttunon, the | achieving the Guecive of "anc | the Preamble. to the Conetiuton No sented i aad ston back page cat ‘Mise ena The natlnei Soe |eetpomiesesonstes whe ee | seat ne cganee to] PM denies FP | com id ca i a an [te out See] COMMpUlsion | de ot al he people ad | peer map ype | Senet Nunistedingied rea Pa a a Cats ste ao al San Say, He amy‘The Philosophy and the Making of the Const (iv) Term of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years () This Amendment was intende, High Courts. A new clause w. of the Constitution shall be 'd to reduce the role of the Supreme Court and 8 inserted in Article 368. It said that no Amendment called in question in any Court on any ground. Government's viewpoint was that the Amendment was necessitated for “removing the difficulties which had arisen in achieving the objective of socio-economic revolution which could end poverty and inequality of opportunities.” Those who opposed the Amendment alleged that it had an adverse effect on role and powers of Supreme Court and High Courts. Moreover it was made during Internal Emergency, which seemed to be a determined attempt to destroy democracy and the rule of law. 43rd AND 44th AMENDMENT ACTS Elections to the Sixth Lok Sabha were held in March 1977. In these elections the newly formed Janata Party emerged victorious. For the first time the Congress sat in the Opposition at the Centre, The 43rd Amendment Act, 1977 provided for the restoration _ of powers of the Supreme Court and High Courts. It also specified that the duration of the Lok Sabha and of the State Assemblies would be 5 years and not 6 years as was made by the 42nd Amendment. The 44th Amendment Act, 1978 substituted “Armed Rebellion” for the words “Internal Disturbance” in Article 352. In other words, internal disturbance alone would not be a ground for the Proclamation of Emergency. The Right to Property, which had necessitated a number of amendments, was taken out of the list of Fundamental Rights. It was now made only a legal right of the citizens, These amendments were made mainly for removing certain distortions introduced into Constitution during the period of Internal Emergency (25 June 1975 to March 1977). THE 99TH AMENDMENT ACT, 2014 The 99th Amendment Act aimed at achieving, greater transparency and accountability in the appointment of Judges in the Supreme Court and the High Coutts, It sought to establish National Judicial Appointments Commission for making recommendations for appointment of Judges in the Supreme Court and High Courts, The Commission was to have six members—Chief Justice of India, two senior most Judges of the Supreme Court, the Union Minister of Law and Justice and two eminent persons to be nominated by the Committee consisting of the Prime Minister, Chief Justice of India and the Leader of Opposition (or the Leader of the single largest Party) in the Lok Sabha. On 16 October 2015 the Supreme Court declared the National Judicial Appointments Commission (NJAC) Act unconstitutional. The Supreme Court thus revived the old Collegium System which had been running for a number of years. Under this system the Judges are appointed by the President in consultation with the Chief Justice of India,Indian Constitution at Work-X1 ‘The Chief Justice is required to consult the four seniormost Judges of the Suprem Court before making any recommendation to the President of India i this regan a way the Collegium System allows Judges to appoint Judges.” According to a fey, t the decision of the Supreme Court goes against th Constitutional experts, Principle of Parliamentary Democrat CITIZENSHIP AMENDMENT ACT, 2019 The Citizenship Amendment Act, 2019, amended the 1955 Citizenship Act by grantin Citizenship to Hindus, Buddhists, Sikhs, Christians, Parsis and Jains who entered Indy from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014. The reason was that the six named communities had been facing persecution in these three countries, For instance, the Hindu poplulation in Pakistan, 23% in 1947, had fallen to 3.7 percent in 2017. BASIC STRUCTURE AND EVOLUTION OF THE CONSTITUTION In the United States the Constitution is “Supreme” and the Constitution is, remarked one of the American Judges “what the Supreme Court says it is.” This could not be wholly true with respect to the Indian Constitution. As D.D. Basu said, “the Indian Constitution wonderfully cuts the via media between the American system of judicial supremacy and the English principle of Parliamentary supremacy.” Nevertheless, our Supreme Court played an important role in the evolution of the Constitution Basic Structure of the Constitution In Golak Nath’s case the Supreme Court took the view that Parliament had no power to abridge or take away any of the fundamental rights. The Parliament reacted to it by passing the 24th Amendment Act in 1971. This Amendment confirmed Parliament's authority to amend any part of the Constitution, including the Fundamental Rights. In 1973 this matter came up before the Supreme Court in Kesavananda Bharati case. The Court upheld the validity of the 24th Amendment Act. This judgement contributed to the evolution of the Constitution in ways more than one. First, the Court ruled that the Parliament had no power to alter the “Basic Structure” or Framework of the Constitution. Second, the Parliament has the competence to amend that part which contains the Fundamental Rights just like any other part of the Constitution, provided that the Amendment did not destroy Constitution’s basic structure. Third, what constituted the basic structure was not clear!’ made out by the Suprem® Court. But at different times and in different cases Chief Justice S.M. Sikri, Justi? Khanna and Justice Chandrachud found the following to be basic features of th‘The Philosophy an ‘Phy and the Making of the Constitution and Constitutional Amendments 4.23 | Constitution () Supremacy of the Constitution (iv) Republican and Democratic form of Government ji) Secular character of the Constitution (iv) Federal character of the Constitution (v) Rule of Law and the provision of Judicial Review. The theory of ‘Basic Structure’ became the touchstone both of ‘rigidity’ and ‘flexibility’ of India’s Constitution. It declared that certain portions of our Constitution were immutable and _J#stice Venkatachaliak would never change. In January 2000 the former Chief Justice of Judiciary’s Contribution to the the Supreme Court, Shri M.N. Venkatachaliah Evolution and Growth of India’ was chosen to head the Commission to review Constitution me ee He stipulated i the basic . features of the constitution and parliamentary Our Supreme Court has brought about many form of government should be treated as changes by giving a new meaning to the inviolable. text of the Constitution. 1. In Vishaka case the Supreme Court ruled that “sexual harasssment at a workplace” is violative of the Right to Gender Equality and Right to Life and Liberty. 2. In Mandal Commission case the Supreme Court laid down the principle of “Creamy, Layer”, ie., the well-off among the Backward Classes (OBCs) should be excluded from the right of reservation 3. In many cases the Supreme Court laid down that “reservations in educational institutions or government jobs should not as a rule exceed 50 percent of the total vacancies.” CONSTITUTION AS A LIVING DOCUMENT You have seen that the Constitution is a dynamic or a living document. The Constitution that we adopted more than 70 years ago has been in existence until how. During all these years we have been subjected to many stresses and strains. The Proclamation of Emergency in June 1975 was a sad story. There was a bitter controversy over the supremacy of Parliament vis-a-vis Judicial Supremacy. But in the course of time, the difficult situation resolved itself much more easily than we had expected. The Constitution is living and stays strong, Summing up Let us come finally to the conclusion: “For a democracy it was vital that all three arms (Legislature, Executive and Judiciary) worked together in harmony.” Parliament isyr authorised to amend the Constifation, but only so tong as iU did not alter the ay features of the Constitution. On the other hand, the Supreme Court has the paver ° Constitution's Basic Structure or not. ns decide whether an Amendment violates ; spointments Commission Act was passed in both Ho The National ludicial Appointments Commisst r th Hts ‘oat complete unanimity, The Supreme Court, however Parliament with abn annul Tenet Mana. Constitational Faperts were upset by this Judgement, The Collen was ‘shrouded in secrecy and lacked transparency.” ‘al fenders and all governments thal they graciously acceprey System of appointing In us give credit to all politic to function well within Tints RT rete eo aa Lal tau luaneo nn Meaning and Necessity of the Constitution: The Constitution is that body of rules ang ding to which a state is governed—lIt is a set of Rules to create an Orderly Society. It determines the form of government and powers to be exercised by the Legisisture, the Executive and the Judiciary—the Constitution limits the Powers of the Government—It sets out the basic Objects and Ideals of society—It makes clear the Rights of Citizenship—The Constitution establishes the Rule of Law. The Authority or Source of the Constitution (Who Drafted the Constitution?): The Constitution was not put to a Referendum. But the Constituent Assembly represented all shades of opinion. It was composed of people whose credibility was very high. They were familier with the needs and aspirations of India’s diverse communities and regions. laws ac Making of the Constitution: The Constituent Assembly was constituted under the Cabinet Mission Plan in 1946—The Assembly was a Representative body, representing all regions and sections of society—The Constituent Assembly had its first sitting on 9 December, 1946—Dr. Rajendra Prasad was elected its President—B.R. Ambedkar was the Chairman of the Drafting Committee—The Constitution was enacted and adopted on 26 November 1949—It came into force on 26 January, 1950—The Assembly took nearly three years to enact and adopt the Constitution—The Assembly did its job with great deliberations. The Objectives Resolution: On 9 December 1946 Jawaharlal Nehru moved a Resolution in the Constituent Assembly known as the Objectives Resolution. It talks about the nature of Indian Polity, i., India is an Independent Sovereign Republic. It also speaks of the basic objects and ideals of the Indian Republic, which are justice, freedom and equality. It is also concerned with safeguarding the interests of the Minorities and Depressed Classes. The Preamble to the Constitution retains the spirit and the language of the Objectives Resolution. What is meant by Philosophy of the Constitution? It contains a set of ideas that the framers of the Constitution had about how people should live. It tells you about thelr Vision of the New India. The Constitution defines relations between the ‘State’ and the ‘Individual’—Stability and Democratic process—Concept of Justice—Different interpretations of a particular provision of the ConstitutionUhe Philosophy an HY an the Making of he Condition and Constitutional Amendments political Philosophy of Our Constitution: The Preamble and af the philosophy and the noble aims of the indian polit nh * O Democrat of the State; (ii) Universal Adult Franchise; (iii) individ al ae ad Ri ne of he (vi) Secularism; (vii) Federalism and Special Provisions for the Sat 5 1 sch sesh, ot ea Federals a fates of Arunachal Pradesh, a Common National Identit oy a 'y, ie., Unity in Diversity. Our understanding of Secularism was different from Western i deas of Secularism. Constitutional Amendments: The situations and circ Constitution must be changed when the situat provisions of the Constitution are basically sound tate ‘umstances change. Therefore, the lon required it to be changed. Core How to amend the Constitution of India? (i) Amendment by Simple Majority of such Articles as deal with formation of new States or alteration of boundaries and names of the existing States; (ii) Amendment by Special Majority of many other Articles of the Constitution, including those that deal with the Fundamental Rights; and (iii) Amendment by Special Majority plus Ratification by States of such Articles as are of vital importance in a Federation like India, such as those that deal with election of the President, the Supreme Court, the High Courts and distribution of legislative powers between the Union and the States, Amendments in India’s Constitution: The Constitution had been amended 103 times between 1951 and January 2019. Why So Many Amendments? (i) Amendments to meet Technical or Administrative Problems, such as those that are related to salaries of judges of Supreme Court and High Courts etc.; (ii) Amendments brought about by a consensus among members of Parliament, such as those dealing with Defections or reducing voting age from 21 to 18 years; (iii) Amendments caused because of Different Interpretations of the Constitution by Judiciary and the then governments and Parliaments especially regarding matters related to the right to property; and (iv) the Amendments that aroused great controversy, especially the 42nd Amendment Act, 1976. 43rd and 44th Amendment Acts: These Amendments were made for removing certain distortions introduced into the Constitution during the period of Emergency (25 June 1975 to March 1977). The 99th Amendment Act: It sought to establish National Judicial Appointments Commission. But the Supreme Court declared the Act unconstitutional. Citizenship Amendment Act, 2019: It granted Citizenshp to the six named communities who had been facing persecution on religious grounds in Pakistan, Bangladesh and Afghanistan Basic Structure and Evolution of the Constitution: In Kesavananda Bharati case the Supreme Court ruled that the Parliament had no power to alter the “Basic Structure” or framework of the Constitution. The Court also laid down the principle of “creamy layer”. It also extended the scope of the right to life.YS Constitution as a Living Document: The question relating to Parliamentary Suprems, Should Judiciary determine the validity of Constitutional Amendments? We may sum by saying that Parliament is authorised to amend the Constitution, but only so long a. it did not alter the basic features of the Constitution. On the other hand, the Supreme Court has the power to decide whether an Amendment violates Constitution's “gare Cesare A. Following Questions carry 1 Mark each (Answers should not exceed 20 Words each) 1. (a) Which body framed the Constitution of India? ‘Ans. Constituent Assembly of India (b) Name any two prominent members of the Constituent Assembly. ‘Ans. Jawaharlal Nehru and Vallabhbhai Patel. (©) Who was the Chairman of the Constituent Assembly’s Drafting Committee? Ans, Dr. B.R. Ambedkar. (a) When was the Constitution of India enacted and adopted? BED en contiaon at Wor x1 Structure” or not. Ans. 26 November, 1949. (e) When did the Contitution of India come into force? Ans. January 26, 1950. (f) India is a Secular State. What does this statement mean? Ans, The Constitution allows equal freedom of faith and worship to all (g) Name any two States that are governed by some special provisions of the Constitution Ans. Nagaland and Mizoram () Name any two core provisions that indicate the philosophy of the Indian Constitution Ans. Fundamental Rights and concem for the SCs and STs. | (i) Name any two provisions of the Constitution that can be amended by Parliament by Simple Majority. Ans, Establishment of new States and creation of Legislative Councils in States.. () Name any two provisions of the Constitution that can be amended by Special Majority. Ans. Fundamental Rights and the Directive Principles of State Policy. (k) Name any two provisions of the Constitution that can be amended by a Speci! Majority of both Houses of Parliament and have also to be ratified by legislatu* of not less than one-half of the States. Ans. Manner of Election of the President of India and provisions regarding Composition and Jurisdiction of the Supreme Court and the High Courts‘The Philosophy and ‘Phy and the Making of the Constitution ‘nd Constitutional Amendments PR () Mention any two Amendme ane Amendments to extent Meo mest technical or administrative problems eservation of Se 7 f and State Assemblies and provisions wath sna so SC8 and STs in the | sand provisions we Lok Sabha Court. Provisions with respect to salaries of Judges of the Supreme (m) Name any two Constitutional | Amendments ‘Ans. 42nd Amendment Act, 1976 entdments that aroused great controversy, and 43rd Amendment Act. B. Following Questions carry 2 Marks each (Answers should not exceed 40 Words each) 2, (a) What is meant by the term Constitution? a Tee consttaton i that body of ules and laws acording to which a statis governed. it makes clear i a S| lepret and limitations on the governmental powers. ‘itizens and other persons shall have. ® Mat ce the words “We, the People of India” in the Preamble to the Constitution ‘Ans, These words proclaim that People of India are Constitution-makers. The Constitution is not a gift of the British Parliament, It was enacted by the People of India, acting through their representatives. (c) What is the significance of January 26 in India’s Struggle for Independence? ‘Ans, The Congress Session at Lahore in December 1929 decided that 26th of January should be observed as the Purna Swaraj Day. The Purna Swaraj Day was for the first time celebrated on January 26, 1930. It continued to be so observed year after year. (@) On which date did Jawaharlal Nehru move Objectives Resolution in the Constituent Assembly. Mention any two of its main points. ‘Ans, It was on December 9, 1946 that such a Resolution was moved. It said that “India is an Independent Sovereign Republic” It also talked about the basic ideals of the Indian Republic, which are Justice, Equality and a few Fundamental Freedoms. (@) The Constitution builds a Domocratic Republic in India. How would you justify this statement? ‘Ans. Democracy implied choice of representatives at regular intervals. Seventeen General Elections have been held so far. India is also a Republic. Head of the Indian Republic is the President, whose position is not hereditary. He is elected for a term of 5 years. () Mention those provisions of the Constitution which India borrowed from Britain and USA. ‘Ans. Britain: Parliamentary form Government Law-making Procedure Office of the Speaker. USA: Principle of Judicial Review el ‘ights ees fre TExoffco Chairman of the Upper House of Parliament (Rajya Sabha).» ution, both effec PPY Indian Constitution at Work-Xt (@) Mention why did the 38th and 39th Amendments to the Cong in 1975, arouse great political controversy, Ans. The 38th Amendment made the cecaration of Emerncy non justia words, it would not be called in question in any court of law. The 40th ‘Amendntt placed the eletion of Present, View-Present, Prime Minister and Spenkes the scrutiny of any court af law Sie (1) Mention any two provisions of the 42nd Amendment Act, 1976 Ans, 42nd Amendment became the mest controversial because of these provisions (9 said that no Amenelment of the Constitution shall be called in quéstion Court and (tem of Lok Sabha and Legislative Assemblies was extended oat, to 6 years (What is the main provision of the Citizenship Amendment Act, 20192 Why reason was given for such an Amendment? Ans. This Act granted Indian Citizenship to those Hindus, Buddhists, Sikhs, Christian, Parsis and Jains who had entered India from Pakistan, Bangladesh and Afghanis, on or before December 31, 2014. The reason was that they had been facing tion in these three countries. Persecu C. Multiple Choice Questions 3. (a) Which of the following statements about India’s Constituent Assembly is not correct? (i) Even before India had admitted freedom the Constituent Assembly had been set up. i) Members of the Constituent Assembly were directly elected by the people. (iti) All sections of society and all the regions had proper representation in the Constituent Assembly. (i) The Constituent Assembly took nearly three years to enact and adopt the Constitution of India. Ans. The statement (ii) is not correct. (b) Which of the following statements about the Philosophy and Amendment of the Constitution is not correct? (®) The Constitution proclaims that India is a Republic. (ii) The Constitution contains a chapter on Fundamental Rights. (ii) A Bill amending the compostion and jurisdiction of the Supreme Court can be enacted by Parliament by a Simple Majority. (i) The Supreme Court ruled that Parliament could amend any part of the Constitution, provided, that Amendment did not destroy Constitution's | Basic Structure. Ans. The statement (iii) is not correct. (©) Which of these is not an effect of USA’s Constitution on Constitution of India? (i) Principle of Judicial Review. (ii) Vice-President is the Ex-officio Chairman of the upper House of Parliament, ie, Rajya Sabha.The Philosophy and the (iii) Directive Principles of State Py (i) Independence of the Judie Ans. The Provision (ii) is not an et (i) Which of these ‘olicy, y. Heel of the Co iD sm tuition of USA IS NOt function of the C " we Constitution? (i) It guarantees the Rights of Citizens “n (ii) Itdetermines the powers to be exe the Legishatare eee ereised by different organs of Government— cutive and the Judiciary (iii) It gives expres sion to the philos: meinen’ he philosophy of the Constitution and some shared (7) The Constitution ensures that only good people come to power Ans. The statement (iv) is not correct. No Constitution can ensure that only good people will get elected to the Parliament or State Legislatures. D. Following questions carry 4 Marks each (Answers should not exceed 100 Words each) 4. Why is it necessary to place limitations on powers of the rulers? How does the Constitution of India limit the powers of the Government? 5, What was the scheme of Communal Electorates introduced by the Indian Councils Act of 1909? What is meant by Joint Electorates, the plan Constitution of India adopted? 6. Explain the philosophy of the Indian Constitution with reference to the following points (a) Universal Adult Franchise. (¥) Social Justice and Affirmative Action 7. Mention those provisions of the Constitution which could be amended by Special Majority plus Ratification by States. E. Following questions carry 5 to 6 Marks each (Answers should not exceed 150 Words each) 8, Bring out the necessity and significance of a Constitution in a democracy in the light of the following statements: (a) A Constitution marks out the powers to be exercised by different branches (organs) of the Government. (b) Constitution sets out the basic objects and ideals of society. (c) The Constitution makes clear the rights of Citizens. 9, Describe those provisions which require Special Majority for amending the Constitution. Give reasons for requiring Special Majority for such amendments. 10. The Constitution of India has been amended many times between 1951 and 2014. Explain such amendments as were caused because of different interpretations of the Constitution by the Judiciary and the Legislature (the then Parliaments). 11. The doctrine of ‘Basic Structure’ and ‘Creamy Layer’ are examples of Judiciary’s role ia’ ituti les in the evolution of India’s Constitution. Explain with examples. volution naa