Constitution as living

document
 CONSTITUTION IS AN
INSTRUMENT THAT MAY
REQUIRE CHANGES FROM
TIME TO TIME.
OUR CONSTITUTION IS
NOT A STATIC DOCUMENT
AND IT CAN BE ALTERED.
BUT AT THE SAME TIME IT
IS A SACRED DOCUMENT.
OUR CONSTITUTION IS
ABOVE ORDINARY LAW. IT
PROVIDES THE
FRAMEWORK TO THE
introduction
GOVERNMENT FOR
DEMOCRATIC
GOVERNANCE.
THAT IS WHY IT IS SAID
THAT OUR CONSTITUTION
IS A LIVING DOCUMENT.
 a constitution is called 'flexible' if it is open to changes. and it is
called rigid if it is resistant to changes. since our constitution
nakers were aware of the changes which will come in the
course of time, so they included the process of amendment.

there are 3 processes of amendment:

How to amend
the a. simple majority

constitution?
b. special majority (Article 368)

c. special majority alongwith ratification by half of state

legislatures (Article368)
 To bring a change in law if 120 members are these are not
or a new law, it requires a present in parliament , constitutional
simple majority of then support of amendments. and these
Simple Majority:
members present and 120/2=60+1=61 members include formation of new
voting in parliament, that is required to pass the states, altering the area of
is, of more than 50% . law. states .
 when constitution has to be
amended, there is a need of
lok sabha has 545 members ,so it
special majority. it is the majority of
requires support of 545/2 = 273
total membership of that house
members to support the bill. and if
special majority (Article 368) and by a majority of not less than
300 members were present at the
two-thirds of members present and
time of voting, then it requires 273
voting in the parliament. both
members.
houses must pass the bill in the
same manner.
special majority + In some cases, in other areas also , a. to amend b. to amend and many others. in case of
ratification by half even special third method of election of supreme court and constitutional
of state majority by amendment is president high court powers amendment(that is
legislatures(article parliament is not required: second and third
368) sufficient. It requires method), all bills go
the assent of half of to the president but
the state here the president
legislatures. this is cannot send it
when the back for
distribution of reconsideration.
powers between and in this case an
state and centre is important principle
concerned. So has been
when, federal issues underlined that
are concerned only elected
assent of state is representatives
required. have the authority
to bring about
amendment to the
constitution.
Nature of amendments made by our
constitution were:

In the first group, there are amendments

which are of technical or administrative
nature and require only clarifications,
technical amendments: explanations and minor modifications. they
were amendment only in legal sense. These
amendments didn’t make much change
to the constitution.

many amendments were made because

the interpretations of government and
judiciary clashed. for example: in
differing interpretations keshavananda case, to cancel the ruling
of judiciary that fundamental rights are
unamendable, government passed 24th
amendment to overrule this ruling.
► amendments through political consensus
many amendments came which reflected the political consensus. it means
that political parties wanted certain amendments in the constitution.

► controversial amendments
Some amendments have not been without controversy. during emergency,
42nd amendment brought many changes in the constitution. It also
overruled the keshavananda ruling. lok sabha duration was also extended
from 5 to 6 years. many MPs also landed in jail when this amendment was
passed. after emergency was removed, 43rd and 44th amendments were
passed to cancel the effects of 42nd amendment.
 a. it has set specific limits to
parliament's power to
Keshavananda ruling has set
amend the constitution. it
KESHAVANANDA RULING some parameters in our
says that no amendment
constitution:
can violate the basic
structure of the constitution.

c. it places final authority on

b. it allows the parliament to the judiciary in deciding
amend any and all parts of whether the amendment
the constitution. violates the basic principle of
the constitution.
 Our constitution is called a living document
because it keeps responding to situations and
circumstances arising from time to time. like a
living being.
Conclusion
constitution responds to experience. so even
after so many decades, constitution continues
to work effectively because of its ability to be
dynamic , to be open to interpretations and its
ability to respond to changes. this is vital for
democracy of the country.